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Social Programs

These States Ignore the Food Stamp Income and Asset Rules

Millions of food stamp recipients do not meet the program's own statutory income and asset limit rules.

Social Programs Policy Rapid Response BlogMay 13, 2024 By Matthew Dickerson

Millions of food stamp recipients do not meet the program's own statutory income and asset limit rules.

That is because states may provide food stamps to households that receive benefits through TANF, SSI, and state-funded general assistance programs, even if the household does not meet the food stamp income or asset requirements. Through broad-based categorical eligibility (BBCE), the “benefits” provided by TANF that confer food stamp eligibility can be as limited as being provided a brochure or a pamphlet.

Through the BBCE loophole, states can use federal money intended to help low-income families instead provide a token “benefit,” which unlocks additional federally-financed welfare payments to a person who would not otherwise be eligible under the law.

BBCE allows millionaires and thousands of lottery winners to receive food stamp benefits.

States Using Broad Based Categorical Eligibility For Snap Benefits

In FY 2024, 44 states and territories provide BBCE for food stamp eligibility. Many of these states allow participation for households with gross income of 200 percent of the federal poverty line (versus the 130 percent limit in the underlying law) and completely waive the asset limits.

Categorical eligibility has expanded over time, both in terms of the programs that can qualify for food stamp categorical eligibility and the use of categorical eligibility by states. In 2007, 29 states used BBCE. The number grew to 36 in 2010.

The Food Security Act of 1985 provided categorical eligibility for food stamps for households receiving cash welfare benefits. The eligibility rules, including the asset test, for the Aid to Families with Dependent Children (AFDC) program were more restrictive than for food stamps.

TANF, which replaced AFDC in the 1996 welfare reform law, proved states with broad flexibility for eligibility criteria as well as the types of benefits that could be provided beyond cash welfare. Most TANF spending is now for non-cash benefits.

The Clinton Administration issued regulations allowing states to make a household eligible for the food stamp program if it receives or is authorized to receive non-cash TANF benefits. Guidance from the Obama Administration further encouraged states to utilize BBCE.


Read the EPIC Report: Food Stamps: A Culture of Dependency.

Author

Matthew D. Dickerson

Matthew D. Dickerson

Director of Budget Policy

Matthew D. Dickerson is Director of Budget Policy at the Economic Policy Innovation Center (EPIC). Dickerson is recognized as an expert on fiscal policy issues, including the budget, appropriations, and entitlement reform. His articles have been featured in the Wall Street Journal , the Miami Herald , National Review , the Sacramento Bee , the Washington Times , the Baltimore Sun , The Hill , the Washington Examiner , and other outlets. Prior to joining EPIC, Dickerson served as Senior Policy Advisor on the staff of the House Budget Committee, where he helped lead development of the fiscal year 2024 budget resolution. He has a dozen years of experience on Capitol Hill, including as a senior staffer with the Republican Study Committee (RSC), the caucus of conservatives in the House of Representatives. Under four different RSC chairmen, Dickerson held senior level roles including Policy Director and Senior Policy Staff. Additionally, he served as Legislative Director and other policy positions for the late Congressman C.W. Bill Young (R-FL), a former Chairman of the powerful House Appropriations Committee. During his tenure at The Heritage Foundation, Dickerson was Director of the Grover M. Hermann Center for the Federal Budget. In this capacity, he oversaw a team of budget analysts and economists researching diverse subjects including spending, entitlements, budget process, tax, labor, pensions, and infrastructure issues. He has also been a Policy Manager at Americans for Prosperity, where he supervised a team of fellows and analysts covering a variety of federal and state policy issues. Dickerson is a graduate of the College of William and Mary in Virginia and holds a Bachelor of Arts in Government and History.

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