273.26—General eligibility guidelines.

The State agency may elect to provide households leaving TANF with transitional food stamp benefits as provided in this section. A State agency that chooses to provide transitional benefits must state in its State plan of operation that it has selected this option and specify the categories of households eligible for such benefits, the maximum number of months for which transitional benefits will be provided and any other items required to be included under this subpart H. The State agency may choose to limit transitional benefits to households in which all members had been receiving TANF, or it may provide such benefits to any household in which at least one member had been receiving TANF.
The State agency may not provide transitional benefits to a household which is leaving TANF when:
(a) The household is leaving TANF due to a TANF sanction;
(b) The household is a member of a category of households designated by the State agency as ineligible for transitional benefits;
(c) All household members are ineligible to receive food stamps because they are:
(1) Disqualified for intentional program violation in accordance with § 273.16 ;
(2) Ineligible for failure to comply with a work requirement in accordance with § 273.7 ;
(3) Receiving SSI in a cash-out State in accordance with § 273.20 ;
(4) Ineligible students in accordance with § 273.5 ;
(5) Ineligible aliens in accordance with § 273.4 ;
(6) Disqualified for failing to provide information necessary for making a determination of eligibility or for completing any subsequent review of its eligibility in accordance with § 273.2(d) and § 273.21(m)(1)(ii) ;
(7) Disqualified for knowingly transferring resources for the purpose of qualifying or attempting to qualify for the program as provided at § 273.8(h) ;
(8) Disqualified for receipt of multiple food stamps;
(9) Disqualified for being a fleeing felon in accordance with § 273.11(n); or
(10) Able-bodied adults without dependents who fail to comply with the requirements of § 273.24 ;
(d) The State agency has the option to exclude households where all household members are ineligible to receive food stamps because they are:
(1) Disqualified for failure to perform an action under Federal, State or local law relating to a means-tested public assistance program in accordance with § 273.11(k) ;
(2) Ineligible for failing to cooperate with child support agencies in accordance with § 273.11(o) and (p); or
(3) Ineligible for being delinquent in court-ordered child support in accordance with § 273.11(q).
(e) The State agency must use procedures at § 273.12(f)(3) to determine the continued eligibility and benefit level of households denied transitional benefits under this section 273.26.