Appendix E4: CACFP Duration of Income Eligibility Determinations

United States
Department of
Agriculture
Food and
Nutrition
Service

3101 Park
Center Drive
Alexandria, VA
22302-1500

DATE:

October 31, 2014

MEMO CODE:

SFSP 01-2015, CACFP 01-2015

SUBJECT:

Duration of Income Eligibility Determinations:
Guidance and Q&As

TO:

Regional Directors
Special Nutrition Programs
All Regions
State Directors
Child Nutrition Programs
All States

This memorandum provides guidance and clarification regarding individual income
eligibility determinations and durations in the Child and Adult Care Food Program
(CACFP) and the Summer Food Service Program (SFSP). This memorandum discusses
the duration of eligibility, change in household income, and the elimination of temporary
approval in CACFP and SFSP as well as establishing claiming percentages in CACFP.
This memo supersedes CACFP 07-2014, SFSP 12-2014, Guidance on Income Eligibility
Determinations and Durations issued January 16, 2014, and revises guidance related to the
income eligibility effective date. Attachment A includes answers to frequently asked
questions.
Eligibility Duration
In accordance with 7 CFR 226.23(f), CACFP institutions must collect and report to State
agencies free, reduced-price, and paid meal eligibility information. Such information must
be updated annually and may not be more than 12 months old. Income eligibility forms
should be considered current and valid until the last day of the month in which the form
was dated one year earlier.
Effective Date
CACFP institutions have flexibility concerning the effective date of certification for
Program benefits. For the purposes of non-school institutions, the date to be used to make
this determination may be either the date the parent or guardian signed the income
eligibility form or the date on which the sponsor or independent center official signs the
form to certify eligibility of the participant. However, if the date of parent signature is not
within the month of certification or the immediately preceding month, the effective date
must be the date of certification. Please note, the date of submission by the parent or
guardian is not required to be recorded on the income eligibility form.

AN EQUAL OPPORTUNITY EMPLOYER

Regional Directors
State Directors
Page 2
This flexibility applies only to eligibility determinations made based on complete applications
containing all required information (see part 3C of the Eligibility Manual for School Meals
available at http://www.fns.usda.gov/sites/default/files/EliMan.pdf).
These provisions also apply to the determination of eligibility for free meals under the SFSP
when individual children’s eligibility must be established by sponsors in accordance with
7 CFR 225.15(f).
Schools participating in CACFP and SFSP have the flexibility of using either the income
eligibility form submission date as the effective date of eligibility or the date on which the school
official signs the form to certify eligibility of the participant. To maintain consistency throughout
all Child Nutrition Programs, schools may not use date of parent or guardian signature as that
flexibility is not available to National School Lunch Program operators. Schools and school
sponsors should refer to SP 11-2014, CACFP 06-2014, SFSP 11-2014, Effective Date of Free or
Reduced Price Meal Eligibility Determinations, December 3, 2013
[http://www.fns.usda.gov/sites/default/files/SP11_CACFP06_SFSP11-2014os.pdf] for additional
guidance.
CACFP institutions and SFSP sponsors must decide which date they will rely on as the effective
date and apply this date to all income eligibility forms submitted on behalf of all participants.
Change in Income
The Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265) modified
requirements related to reporting changes in income during the period of eligibility covered by
the application. Households are not required to report changes in circumstances, such as an
increase in income, a decrease in household size, or when the household is no longer certified
eligible for benefits through the Supplemental Nutrition Assistance Program (SNAP) or
Temporary Assistance for Needy Families (TANF).
Therefore, once a household is approved for free or reduced price or tier I benefits, the household
remains eligible for those benefits for a period not to exceed 12 months, regardless of any change
in household income.
Elimination of Temporary Approval
The final rule, “Applying for Free and Reduced Price Meals in the National School Lunch
Program and School Breakfast Program and for Benefits in the Special Milk Program,”
eliminated the practice of temporary approvals for free or reduced price meal benefits
(76 FR 66849, October 28, 2011). The Child Nutrition and WIC Reauthorization Act of 2004
extended the eligibility period in the NSLP to 12 months, eliminating the use of temporary
approvals. Because income guidelines for determining eligibility in CACFP and SFSP must align
with those of the NSLP, this provision also applies to CACFP and SFSP.
Previously, temporary approval was encouraged when the need for assistance seemed short-term,
such as when a household experienced a temporary reduction in income or when no income was
reported. Year-long eligibility did not apply when a household was given temporary approval. At

Regional Directors
State Directors
Page 3
the end of the temporary approval period, determining officials re-evaluated the household’s
situation. Now, all approvals are for an entire year. Year-long eligibility includes households that
report no income on their income eligibility forms.
Establishing Claiming Percentage
In accordance with 7 CFR 226.9(b)(2), State agencies must establish claiming percentages, no
less frequently than annually, on the basis of enrolled participants eligible for free or reduced
price meals. During any month in which a claiming percentage is being established, because an
income eligibility form is valid until the last day of the month that it was originally dated, any
income eligibility forms expiring that month should be included in determining that claiming
percentage. The claiming percentage may then still remain valid for up to 12 months. Claiming
percentages are intended to capture the number of eligible children at a facility during one period
of time. Including all currently valid income eligibility forms, regardless of when they expire
within that month, is consistent with this intent.
State agencies are reminded to distribute this information to Program operators immediately.
Program operators should direct any questions regarding this memorandum to the appropriate
State agency. State agency contact information is available at
http://www.fns.usda.gov/cnd/Contacts/StateDirectory.htm. State agencies should direct questions
to the appropriate FNS Regional Office.

Angela Kline
Director
Policy and Program Development Division
Child Nutrition Programs
Attachment

ATTACHMENT A
Questions and Answers
1. What methods may schools participating in CACFP and SFSP use to establish the
effective date of eligibility?
School participating in CACFP and SFSP may use either the date of submission or the date
of certification to establish the effective date of eligibility as described in previously issued
guidance for NSLP [CACFP 06-2014, Effective Date of Free or Reduced Price Meal
Eligibility Determinations, December 3, 2013 available at
http://www.fns.usda.gov/sites/default/files/SP11_CACFP06_SFSP11-2014os.pdf]. Schools
may not use date of parent or guardian signature.
2. What methods may non-school CACFP institutions and SFSP sponsors use to establish
the effective date of eligibility?
Non-school CACFP institutions and SFSP sponsors may use either the date of parent
signature or the date of certification to establish the effective date of eligibility.
3. How should CACFP institutions and SFSP sponsors notify the State agency of which
method they will use to establish the effective date of eligibility?
CACFP institutions and SFSP sponsors are encouraged to inform the State agency of this
decision. During reviews, State agencies must ensure the same method has been applied to all
individual income eligibility determinations. However, if the date of parent signature is not
within the month of certification or the immediately preceding month, the effective date must
be the date of certification.
4. For non-school CACFP institutions and SFSP sponsors, if a form is signed and dated by
the parent on January 12, 2014, until what date is it considered valid?
It is considered valid from January 1, 2014, through January 31, 2015.
5. For non-school CACFP institutions and SFSP sponsors, if an individual income
eligibility form is signed and dated by the parent on February 23, but is not received by
the sponsor and certified until March 2, for which month does the income eligibility
determination become effective? What if the form is received and certified April 2nd?
If the CACFP institution or SFSP sponsor is using the date of parent signature to determine
eligibility, an individual income eligibility form signed and dated by a parent in February and
certified in March would be valid effective February 1.
However, if the form was received and certified in April, meaning there was a delay in either
submitting or certifying the form through the entire month of March, the form is valid
effective April 1. Because the date of parent signature is not within the month of certification
or the immediately preceding month, the effective date must be the date of certification.
SFSP 01-2015, CACFP 01-2015
10/28/14
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6. When using the date of parent signature to establish the effective date of eligibility,
what protocol must be taken if an incomplete or unsigned individual income eligibility
form is submitted?
An incomplete individual income eligibility form must be returned to the household for
completion. If the form is resubmitted without an updated signature and date and, if the date
of parent signature is not within the month of certification or the immediately preceding
month, the effective date must be the date of certification.
7. Are centers and providers required to date stamp income eligibility forms when they
are submitted by the parent or guardian?
Date stamps upon submission are not required for non-school CACFP institutions and SFSP
sponsors. The effective date of eligibility is either the date of parent or guardian signature or
the date of certification. Date of submission is not an optional effective date; therefore, no
date stamp indicating date of submission is required.

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