§2017. Value of allotment
(a) Calculation
The value of the allotment which State agencies shall be authorized to issue to any households certified as eligible to participate in the food stamp program shall be equal to the cost to such households of the thrifty food plan reduced by an amount equal to 30 per centum of the household's income, as determined in accordance with section 2014(d) and (e) of this title, rounded to the nearest lower whole dollar: Provided, That for households of one and two persons the minimum allotment shall be $10 per month, and shall be adjusted on each October 1 to reflect the percentage change in the cost of the thrifty food plan without regard to the special adjustments under section 2012(o) of this title for the 12-month period ending the preceding June, with the result rounded to the nearest $5.
(b) Benefits not deemed income or resources for certain purposes
The value of benefits that may be provided under this chapter, whether through coupons, access devices, or otherwise1 shall not be considered income or resources for any purpose under any Federal, State, or local laws, including, but not limited to, laws relating to taxation, welfare, and public assistance programs, and no participating State or political subdivision thereof shall decrease any assistance otherwise provided an individual or individuals because of the receipt of benefits under this chapter.
(c) First month benefits prorated
(1) The value of the allotment issued to any eligible household for the initial month or other initial period for which an allotment is issued shall have a value which bears the same ratio to the value of the allotment for a full month or other initial period for which the allotment is issued as the number of days (from the date of application) remaining in the month or other initial period for which the allotment is issued bears to the total number of days in the month or other initial period for which the allotment is issued, except that no allotment may be issued to a household for the initial month or period if the value of the allotment which such household would otherwise be eligible to receive under this subsection is less than $10. Households shall receive full months' allotments for all months within a certification period, except as provided in the first sentence of this paragraph with respect to an initial month.
(2) As used in this subsection, the term "initial month" means (A) the first month for which an allotment is issued to a household, (B) the first month for which an allotment is issued to a household following any period of more than one month in which such household was not participating in the food stamp program under this chapter after the expiration of a certification period or after the termination of the certification of a household, during a certification period, when the household ceased to be eligible after notice and an opportunity for a hearing under section 2020(e)(10) of this title, and (C) in the case of a migrant or seasonal farmworker household, the first month for which allotment is issued to a household that applies following any period of more than 30 days in which such household was not participating in the food stamp program after previous participation in such program.
(3) A State agency-
(A) in the case of a household that is not entitled in the month in which it applies to expedited service under section 2020(e)(9) of this title, may provide that an eligible household applying after the 15th day of the month shall receive, in lieu of its initial allotment and its regular allotment for the following month, an allotment that is the aggregate of the initial allotment and the first regular allotment, which shall be provided in accordance with paragraph (3) of section 2020(e) of this title; and
(B) in the case of a household that is entitled in the month in which it applies to expedited service under section 2020(e)(9) of this title, shall provide that an eligible household applying after the 15th day of the month shall receive, in lieu of its initial allotment and its regular allotment for the following month, an allotment that is the aggregate of the initial allotment and the first regular allotment, which shall be provided in accordance with paragraphs (3) and (9) of section 2020(e) of this title.
(d) Allotment not to be increased by virtue of penalty
A household against which a penalty has been imposed for an intentional failure to comply with a Federal, State, or local law relating to welfare or a public assistance program may not, for the duration of the penalty, receive an increased allotment as the result of a decrease in the household's income (as determined under sections 2014(d) and 2014(e) of this title) to the extent that the decrease is the result of such penalty.
(e) Simplified application procedures for beneficiaries of other programs; allotments; evaluation; cost sharing; standardized procedures and benefits
(1) The Secretary may permit not more than five statewide projects (upon the request of a State) and not more than five projects in political subdivisions of States (upon the request of a State or political subdivision) to operate a program under which a household shall be considered to have satisfied the application requirements prescribed under section 2014(a) of this title and the income and resource requirements prescribed under subsections (d) through (g) of section 2014 of this title if such household-
(A) includes one or more members who are recipients of-
(i) aid to families with dependent children under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(ii) supplemental security income under title XVI of such Act (42 U.S.C. 1381 et seq.); or
(iii) medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.); and
(B) has an income that does not exceed the applicable income standard of eligibility described in section 2014(c) of this title.
(2) Except as provided in paragraph (3), a State or political subdivision that elects to operate a program under this subsection shall base the value of an allotment provided to a household under subsection (a) of this section on-
(A)(i) the size of the household; and
(ii)(I) benefits paid to such household under a State plan for aid to families with dependent children approved under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.]; or
(II) the income standard of eligibility for medical assistance under title XIX of such Act [42 U.S.C. 1396 et seq.]; or
(B) at the option of the State or political subdivision, the standard of need for such size household under the programs referred to in clause (A)(ii).
(3) The Secretary shall adjust the value of allotments received by households under a program operated under this subsection to ensure that the average allotment by household size for households participating in such program and receiving such aid to families with dependent children, such supplemental security income, or such medical assistance, as the case may be, is not less than the average allotment that would have been provided under this chapter but for the operation of this subsection, for each category of households, respectively, in a State or political subdivision, for any period during which such program is in operation.
(4) The Secretary shall evaluate the impact of programs operated under this subsection on recipient households, administrative costs, and error rates.
(5) The administrative costs of such programs shall be shared in accordance with section 2025 of this title.
(6) In implementing this section, the Secretary shall consult with the Commissioner of Social Security and the Secretary of Health and Human Services to ensure that to the extent practicable, in the case of households participating in such programs, the processing of applications for, and determinations of eligibility to receive, food stamp benefits are simplified and are unified with the processing of applications for, and determinations of eligibility to receive, benefits under such titles of the Social Security Act (42 U.S.C. 601 et seq.).
(Pub. L. 88 525, §8, Aug. 31, 1964,
References in Text
The Social Security Act, referred to in subsec. (e)(1)(A), (2)(A)(ii), (6), is act Aug. 14, 1935, ch. 531,
Amendments
1994-Subsec. (e)(6). Pub. L. 103 296 inserted "the Commissioner of Social Security and" before "the Secretary of Health and Human Services".
1993-Subsec. (c)(2)(B). Pub. L. 103 66 inserted "of more than one month in" after "following any period".
1991-Subsec. (b). Pub. L. 102 237, §909, substituted "benefits that may be provided under this chapter, whether through coupons, access devices, or otherwise" for "the allotment provided any eligible household" and "benefits" for "an allotment".
Subsec. (c)(1). Pub. L. 102 237, §910(1), inserted at end "Households shall receive full months' allotments for all months within a certification period, except as provided in the first sentence of this paragraph with respect to an initial month."
Subsec. (c)(2)(B). Pub. L. 102 237, §910(2), substituted "the expiration of a certification period or after the termination of the certification of a household, during a certification period, when the household ceased to be eligible after notice and an opportunity for a hearing under section 2020(e)(10) of this title" for "previous participation in such program".
1990-Subsec. (a). Pub. L. 101 624, §1730, inserted before period at end ", and shall be adjusted on each October 1 to reflect the percentage change in the cost of the thrifty food plan without regard to the special adjustments under section 2012(o) of this title for the 12-month period ending the preceding June, with the result rounded to the nearest $5".
Subsec. (c)(3). Pub. L. 101 624, §1732, amended par. (3) generally. Prior to amendment, par. (3) read as follows: "An eligible household applying after the 15th day of the month shall receive, in lieu of its initial allotment and its regular allotment for the following month, an allotment that is the aggregate of the initial allotment and the first regular allotment, which shall be provided in accordance with paragraphs (3) and (9) of section 2020(e) of this title."
1988-Subsec. (c). Pub. L. 100 387 substituted "(2)" for "and (2)" and added cl. (3).
Subsec. (c)(1), (2). Pub. L. 100 435, §203(a)(1), (2), designated first sentence of subsec. (c) as par. (1) and designated second sentence of subsec. (c) as par. (2), and redesignated cls. (1) to (3) of par. (2) as cls. (A) to (C), respectively.
Subsec. (c)(3). Pub. L. 100 435, §203(a)(3), added par. (3).
1985-Subsec. (e). Pub. L. 99 198 added subsec. (e).
1982-Subsec. (a). Pub. L. 97 253, §§143(c), 152(b), substituted "nearest lower whole dollar" for "nearest whole dollar", and struck out provision which required the Secretary, six months after the implementation of the elimination of the charge for allotments and annually thereafter, to report to Congress the effect on participation and cost thereof.
Subsec. (c). Pub. L. 97 253, §163, inserted provision that no allotment may be issued to a household for the initial month or period if the value of the allotment which such household would otherwise be eligible to receive under this subsection is less than $10, and substituted "following any period" for "following any period of more than thirty days" in cl. (2).
Subsec. (d). Pub. L. 97 253, §164, added subsec. (d).
1981-Subsec. (a). Pub. L. 97 35, §104(b), inserted "(d) and (e)" after "2014".
Subsec. (c). Pub. L. 97 35, §110, added subsec. (c).
1977-Pub. L. 95 113 substituted revised provisions relating to the value of the coupon allotment for provisions covering approval of retail stores and wholesale food concerns which are now covered by section 2018 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103 296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103 296, set out as a note under section 401 of Title 42, The Public Health and Welfare.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103 66 effective, and to be implemented beginning on, Sept. 1, 1994, see section 13971(b)(4) of Pub. L. 103 66, set out as a note under section 2025 of this title.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102 237 effective and to be implemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102 237, set out as a note under section 1421 of this title.
Effective Date of 1990 Amendment
Amendment by section 1730 of Pub. L. 101 624 effective Oct. 1, 1990, and amendment by section 1732 of Pub. L. 101 624 effective and implemented first day of month beginning 120 days after publication of implementing regulations to be promulgated not later than Oct. 1, 1991, see section 1781(a), (b)(1) of Pub. L. 101 624, set out as a note under section 2012 of this title.
Effective Date of 1988 Amendments
Amendment by Pub. L. 100 435 effective Jan. 1, 1989, and implemented by States by Jan. 1, 1990, see section 701(b)(3)(A) of Pub. L. 100 435, set out as a note under section 2012 of this title.
Section 502(b) of Pub. L. 100 387 provided that:
"(1) The amendments made by this section [amending this section] take effect on the date of enactment of this Act [Aug. 11, 1988].
"(2) The amendments made by this section shall not apply with respect to allotments issued under the Food Stamp Act of 1977 [this chapter] to any household for any month beginning before the effective period of this section begins."
Effective Date of 1982 Amendment
Amendment by Pub. L. 97 253 effective Sept. 8, 1982, see section 193(a) of Pub. L. 97 253, set out as a note under section 2012 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97 35 effective on earlier of Sept. 8, 1982, or date such amendment became effective pursuant to section 117 of Pub. L. 97 35, set out as a note under section 2012 of this title, see section 192(a) of Pub. L. 97 253, set out as a note under section 2012 of this title.
Amendment by Pub. L. 97 35 effective and implemented upon such dates as Secretary of Agriculture may prescribe, taking into account need for orderly implementation, see section 117 of Pub. L. 97 35, set out as a note under section 2012 of this title.
Effective Date of 1977 Amendment
Section 1301 of Pub. L. 95 113 provided that the amendment made by that section is effective Oct. 1, 1977.
Section Referred to in Other Sections
This section is referred to in sections 2016, 2026, 2029 of this title.