SNAP Benefits

The Supplemental Nutrition Assistance Program (SNAP) — formerly known as food stamps — is the largest federal nutrition assistance program and one of the most effective anti-hunger and anti-poverty tools in the federal safety net. SNAP provides monthly benefits on an Electronic Benefits Transfer (EBT) card for purchasing food at participating retailers. In 2026, maximum benefits reach approximately $292/month for a single person and ~$975/month for a family of four, scaled to household income. Eligibility requires gross income at or below 130% of the federal poverty level (~$20,000 for an individual, ~$41,000 for a family of four in 2026). Approximately 42 million Americans receive SNAP in a typical month, at a federal cost exceeding $100 billion/year — making it among the largest domestic discretionary programs. SNAP is administered by USDA's Food and Nutrition Service through state agencies under 7 U.S.C. § 2011 et seq. SNAP has become a central target in federal budget debates: recent reconciliation proposals have included work requirements for adults without dependents, time limits, stricter asset tests, and partial block grant conversion to states — changes that would significantly reduce the number of eligible recipients and the program's automatic stabilizer function during economic downturns.

Current Law (2026)

The Supplemental Nutrition Assistance Program (SNAP, formerly food stamps) is the largest federal nutrition assistance program, providing monthly benefits on an EBT card to purchase food for low-income individuals and families.

Legal Authority

• 7 U.S.C. § 2011 — Congressional declaration of policy: program to help low-income families buy more and better food to improve health and nutrition
• 7 U.S.C. § 2013 — Program establishment: Secretary may operate supplemental nutrition assistance program if appropriations available; states can request to join; eligible households receive food allotments
• 7 U.S.C. § 2014 — Eligible households: limits eligibility to households whose income and assets make it hard to buy a nutritious diet; households receiving SSI, TANF, or other cash assistance are categorically eligible
• 7 U.S.C. § 2015 — Eligibility disqualifications: households lose eligibility for fraud, hiding facts, trading/selling benefits, or violating program rules; penalties range from 1-year to permanent disqualification
• 7 U.S.C. § 2017 — Value of allotment: monthly benefit = cost of Thrifty Food Plan minus 30% of household's net income (rounded down to nearest dollar); one- and two-person households guaranteed a minimum benefit
• 7 U.S.C. § 2020 — State administration: state agencies determine eligibility, issue EBT cards, keep records, and allow USDA audits
• 7 U.S.C. § 2025 — Cost sharing: federal government pays 100% of benefits and 50% of state administrative costs through FY2026 (25% after)
• 7 U.S.C. § 2027 — Appropriations: authorizes whatever money is needed each fiscal year
• 7 U.S.C. § 2021 — Civil penalties: retail stores violating SNAP rules can be disqualified or fined up to $100,000 per violation
• 7 U.S.C. § 2035 — Simplified supplemental nutrition assistance program (state option for simplified administration aligning SNAP with TANF)
• 8 USC § 1612 — Limited eligibility of qualified aliens for SNAP: "qualified aliens" (green card holders, asylees, refugees) face a 7-year waiting period for food stamps starting from date of admission as refugee/asylee; veterans, active-duty military, and those with 40 qualifying quarters of work are exempt from the waiting period
• 8 USC § 1613 — Five-year bar for new immigrants: qualified aliens entering the U.S. on or after August 22, 1996 are barred from federal means-tested benefits (including SNAP) for 5 years; refugees, asylees, Cuban/Haitian entrants, Amerasian immigrants, and veterans are exempt
• 8 USC § 1631 — Sponsor deeming: when an immigrant applies for SNAP, the income and assets of their financial sponsor (who signed the affidavit of support) are counted as available to the immigrant until naturalization or 40 qualifying quarters of work
• 8 USC § 1641 — "Qualified alien" definition

Implementing Regulations (CFR)

• 7 CFR Parts 271-283 — SNAP program regulations:

  • 7 CFR 271.5 — Benefits as obligations of the United States; counterfeiting, misuse, or alteration is a federal crime
  • 7 CFR 271.7 — Allotment reduction procedures (cutting, pausing, or stopping monthly benefits to comply with federal law)
  • 7 CFR 272.8 — State income and eligibility verification system (IEVS — wage and benefit data cross-checks)
  • 7 CFR 273.1 — Household concept (who counts as a household for eligibility — individuals, food-purchase groups, boarders)
  • 7 CFR 273.8 — Resource eligibility standards ($2,750 general / $4,250 elderly-disabled; countable vs. excluded assets)
  • 7 CFR 273.9 — Income and deductions (gross and net income limits; earned income, shelter, dependent care, and standard deductions)
  • 7 CFR 273.10 — Determining household eligibility and benefit levels (monthly benefit = Thrifty Food Plan minus 30% of net income)
  • 7 CFR 273.17 — Restoration of lost benefits (state must restore benefits lost due to agency error, court order, or reversed disqualification)
  • 7 CFR 273.18 — Claims against households (overpayment recovery for trafficking or eligibility fraud)
  • 7 CFR 273.26 — General eligibility guidelines for transitional benefits (short-term help for families leaving TANF/cash assistance)
  • 7 CFR 274.2 — Providing benefits to participants (EBT card issuance, rural/elderly/disabled accessibility requirements): includes lawful permanent residents, asylees, refugees, parolees (1+ year), deportation-withheld individuals, Cuban/Haitian entrants, battered spouses/children, and certain trafficking victims

• 7 CFR Part 245 — Determining eligibility for free and reduced-price meals: direct certification requirements linking SNAP participation to automatic school meal eligibility; application, eligibility, and certification procedures; verification requirements for household income claims

• 7 CFR Part 246 — Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): general purpose and scope of WIC benefits providing supplemental foods, nutrition education, and healthcare referrals to low-income pregnant/postpartum women, infants, and children up to age 5

• 7 CFR Part 273 — SNAP Certification of Eligible Households. The full household eligibility and certification rulebook — covering who qualifies, how benefits are determined, procedural rights, and enforcement. Key provisions beyond those listed above:

  • § 273.2 — Office operations: state SNAP offices must provide fair, accurate, and timely service; special accommodations are required for elderly, disabled, rural, homeless, reservation-resident, limited-English-speaking, and working families; states must offer outreach to people who may not know they are eligible; this section is the procedural access baseline — SNAP cannot function as a barrier-heavy program if the accessibility requirements are met
  • § 273.12 — Reporting requirements: households must report income changes over $100/month, changes in income sources, and significant changes in earnings; the state sets the reporting period and method; Simplified Reporting households (most SNAP households) report only changes that push income above the income limit — monthly granular reporting is not required; failure to report a required change may result in overpayment claims (§273.18)
  • § 273.13 — Notice of adverse action: before reducing or stopping benefits during a certification period, the state must mail advance written notice at least 10 days before the effective date; the notice must explain the reason, cite the rule, and describe how to appeal; if the household requests a fair hearing before the deadline, benefits must generally continue at the current level until the hearing decision (continued benefits exception applies to most benefit cuts)
  • § 273.14 — Recertification: benefits are issued for a fixed certification period (typically 6 to 24 months depending on household type); before the period ends, the state must notify the household and schedule an interview; the state must process the recertification application so there is no gap in benefits if the household applied on time; households that miss the recertification deadline lose benefits and must file a new application
  • § 273.15 — Fair hearings: any household may request a hearing to challenge any state agency action that affects its benefits; states must offer hearings at the state or local level with the right to escalate; the hearing must be scheduled promptly and held at a reasonable time and place; households may appear in person, by phone, or through an authorized representative; the hearing decision must be issued in writing and within the timeframe set by FNS; the right to a fair hearing is one of the most powerful procedural protections in SNAP — it is separate from and faster than federal court
  • § 273.16 — Disqualification for intentional program violation (IPV): state agencies must investigate credible allegations of intentional rule-breaking (trafficking benefits, providing false information, hiding income); if evidence supports a case, the state must pursue either an administrative disqualification hearing (ADH) — where the household appears before an impartial hearing official — or refer the case to criminal prosecution; IPV penalties are tiered: first offense = 12 months disqualification, second offense = 24 months, third offense = permanent disqualification; individuals (not the entire household) are disqualified — other household members remain eligible
  • § 273.24 — Time limit for able-bodied adults without dependents (ABAWDs): this is the regulatory implementation of the ABAWD work requirement that appears throughout political debate; ABAWDs (ages 18–54 without dependents or disability) may receive SNAP for only 3 months out of any 36-month period unless they meet the work requirement (working or in job training ≥80 hours/month); states may request waivers for areas with unemployment above 10% or insufficient jobs; this provision was significantly tightened by the 2023 Fiscal Responsibility Act (raising the age limit from 49 to 54 for new applicants starting in 2025) and is a persistent point of Farm Bill negotiation

• 7 CFR Part 274 — Issuance and Use of Program Benefits (EBT system requirements: card issuance, benefit delivery, retailer authorization, system security, and interoperability; 8 sections)

• 7 CFR Part 283 — Appeals of Quality Control (QC) Claims (32 sections across 2 subparts — the administrative law judge (ALJ) procedures state SNAP agencies use to challenge FNS quality-control penalty assessments; applies to QC claims from FY 1986 forward; implements 7 U.S.C. § 2011). When FNS audits a state's SNAP error rate and finds it excessive, FNS issues a bill — and Part 283 is the state's procedural path to contest it:

  • § 283.2 — Scope: applies when a state agency (not an individual participant) appeals an FNS QC claim; this is a government-to-government process — individual participants have separate fair hearing rights under Part 273
  • § 283.4 — Filing for claims ≥$50,000: the state must file a written notice of appeal within 10 days after receiving the FNS bill; the appeal triggers the full ALJ process; FNS then has 60 days to file a written answer (§ 283.6)
  • § 283.8 — Rebuttal evidence: after FNS files its answer, the state may submit rebuttal evidence within 30 days; the record closes at that point unless the ALJ allows additional submissions
  • § 283.9 — Withdrawal: a state may withdraw its appeal at any time before the ALJ issues an initial decision by agreeing to pay the full claim amount; once withdrawn, the state loses the right to challenge that claim
  • § 283.10 — Consent decision: FNS and the state may jointly file a consent decision before the ALJ rules; this allows negotiated settlements of QC penalty disputes without a full hearing
  • § 283.11 — Prehearing conference: the ALJ schedules a prehearing meeting at USDA in Washington, DC (or by phone) to narrow issues and set a discovery and briefing schedule
  • § 283.19 — ALJ disqualification: an ALJ must not serve if they have a financial interest in the case or if a party shows grounds for disqualification; the Judicial Officer designates a replacement
  • § 283.20 — Judicial Officer review: either party may appeal the ALJ's initial decision to the USDA Judicial Officer within 30 days of receiving the decision; the Judicial Officer's decision is the final USDA administrative determination
  • § 283.21 — Ex parte ban: ALJs and the Judicial Officer must not have private one-sided communications about the merits with any party before the final decision
  • § 283.25 — Expedited procedure for claims <$50,000: smaller QC claims use a simplified process — the state files a written appeal, and the case is decided by cross motions for summary judgment rather than a full evidentiary hearing; the ALJ must issue a written decision within 60 days of receiving the state's rebuttal (§ 283.32)

  The Part 283 QC appeals process matters because FNS's quality-control system creates financial risk for state SNAP agencies: states with error rates above national thresholds can be assessed millions of dollars in penalties. States that believe the error samples are statistically flawed, that individual case determinations were wrong, or that extenuating circumstances justify relief use this process to contest those assessments. The majority of QC appeals settle through consent decisions (§ 283.10) or the expedited summary judgment process.

• 7 CFR Part 277 — Financing and Administrative Costs: FNS rules establishing uniform financial management standards for state agencies administering SNAP and FDPIR — covering cost allocation, recordkeeping, federal financial reporting, procurement, and the audit requirements that apply to state-administered federal nutrition programs (implements 7 U.S.C. § 2025 — state agency administration authority):

  • § 277.3 — Uniform fund rules: state SNAP agencies must apply the same fund accounting, cost allocation, and internal control standards as other federal grant recipients under the OMB Uniform Guidance (2 CFR Part 200); SNAP administrative funds cannot be commingled with state general funds without an FNS-approved cost allocation plan
  • § 277.4 — Record retention: state agencies must retain all SNAP administrative records — participant case files, cost documents, procurement records, and eligibility determinations — for at least 3 years from the date the expenditure was obligated; records subject to audit findings or pending litigation must be held until the matter is fully resolved, regardless of the 3-year baseline
  • § 277.9 — FNS financial reporting: state agencies must submit financial status reports on FNS-specified forms (including FNS-269 and FNS-777) at the frequency FNS prescribes; these reports are the primary mechanism by which FNS tracks how states spend federal administrative funds and identifies cost overruns or irregularities
  • § 277.14 — Procurement standards: all state procurement using SNAP administrative funds must follow federal procurement standards under 2 CFR Part 200, including competitive bidding requirements, sole-source justification rules, and conflict-of-interest protections; this applies to purchases of EBT system components, eligibility software, and caseworker training
  • § 277.16 — Suspension, disallowance, and closeout: FNS may suspend or disallow SNAP administrative costs that were not properly authorized, are unallowable under 2 CFR Part 200, or lack adequate documentation; disallowed costs must be repaid; states may appeal disallowances through the USDA National Appeals Division
  • § 277.18 — Advance Planning Document (APD) for automated systems: state agencies must obtain FNS approval through an Advance Planning Document (APD) before acquiring, developing, or significantly modifying automated systems used in SNAP administration — eligibility platforms, case management systems, and EBT interfaces; FNS shares 50% of approved system development costs, but only for systems that clear the APD review; states that build or buy systems without prior FNS approval risk cost disallowance
  • § 277.19 — Independent audit requirement: state SNAP agencies must undergo annual independent audits meeting Single Audit requirements (2 CFR Part 200, Subpart F); audit findings related to SNAP are reported to FNS and must be addressed through a corrective action plan within the specified timeframe

  Part 277 is the financial backbone beneath the SNAP eligibility rules in Parts 271–274. States receive 50% federal reimbursement for allowable administrative costs — a matching structure that creates both an incentive and an accountability obligation. The APD requirement (§ 277.18) is particularly significant in an era of eligibility modernization: states that want to build new online application portals, interoperable data systems, or AI-assisted caseworker tools must get FNS buy-in before spending — not after — to remain eligible for the federal cost share.

• 7 CFR Part 275 — Performance Reporting System: the mandatory quality control (QC) system governing how state agencies measure their own error rates in SNAP administration — the upstream counterpart to the Part 283 appeals process. While Part 283 covers how states contest FNS penalty bills, Part 275 governs how those error rates are generated in the first place. Key provisions:

  • § 275.10 — State QC reviews: each state must conduct ongoing QC reviews of SNAP as part of the Performance Reporting System; reviews must cover both active cases (households currently receiving benefits) and negative actions (denials, suspensions, terminations)
  • § 275.11 — Sampling plan: each state must develop a written sampling plan specifying how it will select SNAP cases for review; the plan must describe the sampling methodology, sample size, and selection intervals; FNS reviews and approves state sampling plans to ensure statistical validity
  • § 275.12 — Active case reviews: QC reviewers select a statistically valid sample of households that received SNAP benefits during the sample month and evaluate each case for two types of errors — (1) active case errors: whether the household was eligible at all, and (2) benefit amount errors: whether the benefit was calculated correctly; reviewers must use FNS worksheets and schedules (§275.14)
  • § 275.13 — Negative action reviews: state agencies must also sample denials, suspensions, and terminations to verify that adverse actions were taken correctly — ensuring states do not reduce error rates by improperly denying eligible households
  • § 275.15 — Error analysis: states must use QC data and all available program data to identify problems, determine root causes, and plan corrective actions; the analysis must link specific error patterns (wrong income counts, incorrect deductions, missed categorical eligibility) to operational breakdowns in training, system design, or supervisor oversight
  • § 275.16 — Corrective action plans: when QC findings reveal significant problems, states must develop and implement corrective action plans — specific, measurable steps to address the root causes identified in the error analysis; FNS monitors plan implementation through the annual state agency performance assessment process

  Part 275 creates the measurement infrastructure behind the financial stakes of SNAP quality control. FNS uses state QC data to calculate a payment error rate for each state — the percentage of total SNAP dollars paid that were either overpayments or underpayments. States whose error rates exceed national thresholds face liability under the SNAP sanctions process (7 U.S.C. § 2025): FNS can assess states for a portion of the excess error liability. The national average payment error rate has historically run between 6–12% of total SNAP outlays — representing billions of dollars in potentially recoverable errors annually. QC data also drives the corrective action cycle that Part 275 mandates: states with elevated error rates in specific benefit types (excess shelter deductions, unearned income calculations, categorical eligibility determinations) must identify the specific operational failure and fix it, not just acknowledge the error count.

How It Works

SNAP benefit amounts are calculated using a specific formula: Maximum Benefit − 30% of Net Income = Monthly Allotment. The underlying policy assumption is that households should spend 30% of their net income on food, and SNAP covers the gap between that expected contribution and the cost of a minimally adequate diet. The maximum benefit is set by household size and tied to the USDA Thrifty Food Plan — a cost-minimizing food basket updated significantly in 2021 (the first update since 1975), resulting in a roughly 21% permanent benefit increase. Net income for SNAP purposes is gross income after a set of deductions: a standard deduction (approximately $198/month for most households), a 20% earned income deduction (encouraging work by disregarding a fifth of wages), a dependent care deduction for childcare costs related to work, an excess shelter deduction for housing costs above 50% of net income (capped at approximately $672/month for non-elderly and non-disabled households), and an unlimited medical expense deduction for elderly and disabled household members for costs over $35/month.

Gross income eligibility is set at 130% of the federal poverty level for most households, with a net income limit of 100% FPL — but over 40 states have adopted Broad-Based Categorical Eligibility (BBCE), which raises or eliminates the gross income test and often eliminates the asset test entirely. In BBCE states, a household earning up to 200% of FPL (in some states) can qualify, and there's no asset limit (no check on bank balances, cars, or other resources). The practical effect is that SNAP in most states is income-tested but not asset-tested — a meaningful difference for households with some savings but low income. Able-bodied adults without dependents (ABAWDs) between ages 18–54 face a separate work requirement: after 3 months of SNAP benefits in a 36-month period, they must work or participate in job training at least 80 hours per month or lose benefits. States can request waivers for counties with high unemployment rates, and the waiver rules have been a recurring political flashpoint in Farm Bill negotiations.

SNAP benefits are loaded monthly onto Electronic Benefit Transfer (EBT) cards — essentially a government debit card usable at authorized grocery stores, farmers markets, and — in most states — through online purchasing from Amazon, Walmart, and other approved retailers. Benefits can be used for food items only: alcohol, tobacco, vitamins and supplements, hot prepared foods sold for immediate consumption, and non-food household items are excluded. SNAP participation automatically qualifies children in the household for free school meals through direct certification — a significant nutrition benefit that requires no separate application. The exclusion of hot prepared foods (you can buy a rotisserie chicken raw but not cooked, at many stores) is a recurring policy debate about whether the restriction serves its intended purpose or primarily burdens low-income households with less time for home cooking.

How It Affects You

State Variations

Pending Legislation (119th Congress)

• HR1 — Reconciliation Act (became law) — Sprawling omnibus reshaping farm support, SNAP, taxes, energy, immigration, and health programs (Rep. Arrington, R-TX)
• HR5371 — Continuing Appropriations Act (became law) — Short-term funding with targeted SNAP boosts (Rep. Cole, R-OK)
• HR1528 — America Works Act — Narrow SNAP ABAWD exemptions, expand who must meet work rules, limit waivers to counties with 10%+ unemployment (Rep. Johnson, R-SD)
• HR1452 — Ending the Cycle of Dependency Act — Monthly Medicaid work tests plus restructured SNAP age categories and work-rule coverage (Rep. Burlison, R-MO)
• HR1398 — Securing SNAP Benefits Act — Suspend EBT accounts used only out-of-state after 60 days; bar store-owner households from redeeming at own stores (Rep. Rouzer, R-NC)
• HR2195 — Feed Hungry Veterans Act — Expand SNAP to veterans with service-connected disability ratings or certain pensions, effective Oct 2030 (Rep. Hayes, D-CT)
• HR2357 — Food Secure Strikers Act — Narrow SNAP rules so being on strike only blocks benefits if ineligibility is directly caused by the strike (Rep. Adams, D-NC)
• HR1198 — Let's Get to Work Act — Apply SNAP-style work requirements to public housing and tenant-based rental assistance (Rep. Kennedy, R-UT)
• S1100 — Nutritious SNAP Act — Bar soda and many snack/dessert items from SNAP purchases; let states request USDA approval to block foods their nutrition agency deems unhealthy (Sen. Paul, R-KY)
• HR 2407 (Rep. Brecheen, R-OK) — SNAP Reform and Upward Mobility Act of 2025. Would tighten SNAP eligibility and fraud rules, limit EBT users, raise state cost-sharing and recapture retention. Status: In committee.
• HR 6135 — Snap Delivery Modernization Act of 2025. Would let SNAP benefits pay grocery delivery fees. Status: Introduced.
• HR 8028 — Would require states to report detailed SNAP fraud data, tie reporting to admin funding, and make USDA publish findings. Status: Introduced.
• HR 5860 — SNAP BACK Act. Creates automatic interim funding to keep SNAP and WIC benefits and EBT operations running during federal funding gaps. Status: Introduced.
• HR 793 (Rep. McIver, D-NJ) — SNAP Benefits Fairness Act of 2025. Would remove the cap on shelter deductions in SNAP so households can deduct full housing costs. Status: In committee.
• S 3074 — SNAP BACK Act of 2025 (Senate companion). Would require federal repayment to states for SNAP administrative costs during funding lapses. Status: Introduced.
• S 1905 (Sen. Lujan, D-NM) — SNAP Administrator Retention Act of 2025. Would link state SNAP staff pay to federal scales and fund approved staffing costs fully. Status: Introduced.
• HR 5950 — Keep SNAP and WIC Funded Act of 2025. Keeps SNAP and WIC benefits flowing during a USDA funding gap. Status: Introduced.

Recent Developments

• 2025 reconciliation and SNAP cuts: The "One Big Beautiful Bill" reconciliation legislation in 2025 included significant SNAP changes that advocates estimated would reduce SNAP enrollment by millions. Key provisions included: expanded work requirements for able-bodied adults without dependents (ABAWDs) — raising the age threshold from 49 to 54 and adding stricter exemption criteria; shifting a portion of SNAP costs to states (requiring states to pay 5–25% of benefit costs depending on their food insecurity rate, vs. the current 100% federal funding for benefits); and tightening eligibility verification requirements. Anti-hunger advocates warned that the state cost-sharing provision could cause states with tight budgets to tighten eligibility and reduce benefits. Congress members from high-SNAP states opposed the state cost-shift.
• USDA "Real Food" and benefit composition: USDA Secretaries Rollins and Kennedy published a joint op-ed in January 2026 advocating for revising SNAP to prioritize whole foods and restrict purchases of ultra-processed foods. This signals potential future changes to what SNAP benefits can be used to buy — a politically contentious idea that has been proposed and rejected multiple times. Any change to SNAP's eligible food list would require legislative authorization.
• Thrifty Food Plan update frozen: The Biden administration's 2021 Thrifty Food Plan update — which increased SNAP maximum benefits by about 21% — was the first substantive TFP revision in decades. The Trump administration's USDA has not continued updating the TFP, meaning benefit levels are frozen at the 2021 baseline with only inflation adjustments. Under the reconciliation legislation, future TFP updates face additional congressional approval requirements.
• Non-citizen SNAP changes: The reconciliation legislation tightened non-citizen SNAP eligibility, limiting benefits to lawful permanent residents and certain qualified immigrants — cutting off some immigrant groups that states had used options to cover. Legal challenges are expected.