SNAP, WIC, FMNP, and CN COVID-19 Waivers, Evaluation, and Reporting Data - State Agencies and WIC Local Government (SLT)

Food and
Nutrition
Service

DATE:

1320 Braddock Place
Alexandria, VA
22314

SUBJECT: Supplemental Nutrition Assistance Program (SNAP) – Extension
of SNAP COVID-19 Administrative Flexibilities January 2022 and
Beyond
TO:

December 8, 2021

All SNAP State Agencies
All Regions

Issuing
Agency/Office:
Title of Document:
Document ID:
Z-RIN:
Date of Issuance:
Replaces:
Summary:

FNS/SNAP
Supplemental Nutrition Assistance Program (SNAP) – Extension
of SNAP COVID-19 Administrative Flexibilities January 2022 and
Beyond
December 8, 2021
N/A
Provides information on how States can request to implement or
extend certain COVID-19 administrative flexibilities beginning on
January 1, 2022.

Since the onset of the novel coronavirus pandemic, the Food and Nutrition
Service (FNS) has approved flexibilities to assist States in ensuring access to the
Supplemental Nutrition Assistance Program (SNAP) is maintained despite rising
caseloads and challenges associated with social distancing and remote
operations. On April 30, 2021, SNAP issued guidance, Extension of COVID-19
Administrative Flexibilities May 2021 and Beyond, to support States in their
planning for the expiration of the public health emergency. That guidance
provides States with the opportunity to request SNAP flexibilities for
implementation until December 31, 2021. Given the ongoing impacts of the
COVID-19 pandemic, FNS understands that some States continue to rely
heavily on these administrative flexibilities to manage high caseloads and
staffing limitations.
However, these flexibilities are temporary and FNS expects States to actively
prepare to operate under normal program rules in the future, especially with
regard to interviews and certification periods. Many flexibilities, particularly
adjustments that waive interviews for certain households or extend certification
periods, reduce opportunities for State agencies to understand households’
circumstances and adjust their cases to meet their current needs.

USDA is an Equal Opportunity Provider, Employer and Lender

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Resuming regular operations will require thoughtful planning, especially for States that
have used certain adjustments for extended periods, and FNS is prepared to provide
technical assistance. FNS does not expect to approve these COVID-19 flexibilities
beyond the duration of the Federal public health emergency. This guidance does not
signal or confirm when the Federal public health emergency declaration will end.
This guidance provides information on how States can request to extend or implement
certain COVID-19 flexibilities beginning on January 1, 2022 through the end of the
month subsequent to the month in which the public health emergency declaration related
to the COVID-19 pandemic is lifted by the Secretary of Health and Human Services.
FNS will continue to evaluate whether it is appropriate to approve requests to use
COVID-19 flexibilities and may revise this guidance in the future.
This memo addresses two subsets of COVID-19 flexibilities: adjustments issued under
the authority of the Families First Coronavirus Response Act (FFCRA) and waivers
issued under 7 CFR 272.3(c)(1)(i). Please refer to Enclosure 2 for a full list of the
flexibilities covered in this guidance.
Requesting COVID-19 Flexibilities for Implementation Beginning January 1, 2022
FNS will continue to approve COVID-19 flexibilities, including adjustment requests using
authority granted by FFCRA and waivers using authority granted by 7 CFR 272.3(c)(1)(i),
where appropriate. Beginning December 1, 2021, FNS will start to review requests to
extend current flexibilities beyond December 31, 2021. States may continue to submit
initial requests for flexibilities at any time.
FNS is expanding upon the guidance issued on April 30, 2021, Extension of COVID-19
Administrative Flexibilities May 2021 and Beyond. The changes apply to initial and
extension requests for flexibilities with implementation on or after January 1, 2022.
Requesting FFCRA Adjustments
States should provide justification for the FFCRA adjustment and information on how the
State plans to transition off use of the flexibility and resume regulatory compliant
operations. Please see below for further information on what this justification should
include. FNS strongly recommends that States consider how to tailor use of adjustments to
support their transition to regulatory compliance. Please see Enclosure 1, which reiterates
the recommendations for States shared in the guidance issued on April 30, 2021.
Also, for administrative consistency and ease, approval for FFCRA adjustments will
generally last for 3 months. FNS will now approve requests for flexibilities for up to
3-calendar-month intervals beyond the month in which the State submits a request and
attests to the presence of a State emergency or disaster declaration at the time of the
request.

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In addition, no FFCRA adjustments may continue beyond the end of the month
subsequent to the month in which the public health emergency declaration related to
COVID-19 is lifted by the Secretary of Health and Human Services.
Additionally, the option to use periodic reporting procedures to recertify households is a
temporary State option under the Continuing Appropriations Act, 2021 (PL 116-159)
(CR) through December 31, 2021. FNS will approve requests to use this flexibility as
initial FFCRA adjustments for implementation on or after January 1, 2022.
Requesting Waivers Under 7 CFR 272.3(c)(1)(i):
As a reminder, States must provide justification for why the State requests to use the
waiver and information on how the State plans to transition off use of the flexibility and
resume regulatory compliant operations. Please see below for further information on what
this justification should include. FNS strongly recommends that States consider how to
tailor use of adjustments and waivers to support their transition to regulatory compliance.
Please see Enclosure 1, which reiterates the recommendations for States shared in the
guidance issued on April 30, 2021.
Also, for administrative consistency and ease, approval for these waivers will generally
last for 3 months. FNS does not expect to approve these waivers for use beyond the end
of the public health emergency.
Process for Requesting Flexibilities, for Implementation Beginning January 1, 2022
States must submit all requests through the SNAP Waiver Information Management
System (WIMS 1). States must submit a separate request for each flexibility they would
like to implement or extend. Please refer to the WIMS State User Manual for detailed
instructions on how to request both initial waiver and extensions in WIMS.
States requesting FFCRA adjustments must attest that there is a State emergency
declaration in place at the time of its request. FNS will approve the flexibilities for up to
3-calendar-month intervals. If a State would like to continue using a flexibility for longer
than 3 months, the State may submit an extension request in the third month of
implementation.

Information collection under the SNAP Waiver Information Management System (WIMS) is covered
under OMB approval #0584-0083.

1

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States may request to implement or extend these flexibilities under standardized terms
and conditions. The terms and conditions have been updated since April 30, 2021 to
reflect the new approval periods. The terms and conditions for using periodic report
procedures to recertify households has been updated since this would now be approved
under FFCRA, instead of provided as a CR option. Additionally, the terms and conditions
for the adjustment to extend certification periods for up to 6 months and adjust periodic
reports now clarify that State agencies may only extend certification periods for up to
6 months from the initial expiration date assigned at the last certification or recertification.
FNS recognizes this condition may have been unclear in previous guidance. However, it is
important to ensure that States do not extend certification periods consecutively, leading to
extensions of longer than 6 months from the initial expiration date assigned at the last
certification or recertification. As mentioned, back-to-back extensions of certification
periods of over 6 months reduce the opportunity for a State to obtain a full understanding
of a household’s circumstances and make necessary adjustments. The effects of back-toback extensions of over 6 months may exceed the authority provided by FFCRA, which is
limited to adjustments to issuance methods, application and reporting requirements.
Although States will not need to upload an initial or extension request letter, States will
be asked to submit justification for the request, as described below. States wishing to
request any modifications to the standardized terms and conditions must submit requests
through WIMS using a traditional waiver request process, including a signed waiver
request letter. Justification for the request should include:
•

•

Why the State requests to continue the adjustment or waiver. This may include
projected impacts of continuing to use the adjustment or waiver on SNAP
households and on the State. The State may also include information on COVID19 transmission rates, office closures, SNAP caseloads, and other evidence that
helps illustrate the need 2.
How the State plans to transition to regulatory compliance. This may include an
explanation of how the State will apply the adjustment or waiver and how the
State can mitigate potential unintended consequences on program access and
payment accuracy, etc. States should also consider the strategies outlined under
the heading, “Recommendations to States on Use of COVID-19 Flexibilities”.

As part of the initial waiver terms and conditions, States agreed to submit evaluation data
about the waivers' impact within 45 days of the end of the waiver period. States may
submit relevant interim evaluation data about the waivers’ impacts thus far as part of the
justification for waiver extension.

Section 2302(a)(2) of FFCRA directs FNS to consider, “the availability of offices and personnel in State
agencies, any conditions that make reliance on electronic benefit transfer systems described in section
7(h) of the Food and Nutrition Act of 2008 impracticable, any disruptions of transportation and
communication facilities, and any health considerations that warrant alternative approaches.”
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States will still be required to submit final evaluation data for each waiver, as outlined in
the corresponding terms and conditions document, within 45 days of the end of the
waiver period.
State agencies with questions should contact their respective Regional Office
representatives.

RONALD
WARD

Digitally signed by
RONALD WARD
Date: 2021.12.08
16:00:34 -05'00'

Jessica Shahin
Associate Administrator
Supplemental Nutrition Assistance Program

Enclosure 1
Recommendations to States on Use of COVID-19 Flexibilities
FNS is reiterating the recommendations for States shared in the guidance issued on
April 30, 2021, guidance. State agencies are encouraged to review the COVID-19 related
flexibilities they currently use as local conditions evolve. States may no longer need to
utilize all of the flexibilities they have been granted, while others may be useful to
extend. While FNS understands that COVID-19 continues to affect SNAP households
and State agency operations, States are highly encouraged to begin planning for an
eventual transition to regulatory compliance and regular operations.
With this goal in mind, FNS strongly recommends that States consider how to tailor use
of adjustments and waivers to support their transition to regulatory compliance.
Re-establishing regular contact with households – through activities like interviews,
recertifications, and periodic reports – is critical for ensuring that eligible households
receive the correct benefits and maintain program access. Many adjustments, particularly
adjustments that waive interviews for certain households or extend certification periods,
reduce opportunities for State agencies to understand households’ circumstances and
adjust their cases to meet their current needs. Other adjustments, such as the adjustment
not to offer a face-to-face interview upon request, limit the ways the household can share
information with the State. In addition, States will need to consider how to best balance
ongoing utilization of these flexibilities with payment accuracy.
FNS highly encourages State agencies to use one or more of the following strategies to
support a transition to regular application processing and administrative procedures. FNS
stands ready to provide States with any needed technical assistance for an eventual
transition to regulatory compliance and regular operations.
This list is not exhaustive and State agencies may wish to use additional strategies.
Applying a flexibility to a portion of the State’s caseload, which could be done in any of
following ways:
o Applying a flexibility to no more than half of the State’s caseload;
o Applying a flexibility to recertifications only, not initial applications;
o Restricting flexibilities to only those cases that have not already been
affected by the adjustment or waiver (please note, the adjustment
extending certification periods may only be applied to a case for up to
6 months from the initial expiration date assigned at the last certification
or recertification); or
o Applying the flexibility to limited geographic areas within the State to
address workload problems in a targeted manner.

•
•
•

Transitioning the caseload off the flexibility by reducing the number of
households affected by the flexibility each month.
If adjusting certification periods, staggering the extensions across a six-month
period in order to unwind any casework bubbles.
Applying adjustments of the interview only to specific populations (such as
elderly and disabled households with easily verified unearned income from Social
Security or Supplemental Security Income (SSI)).

Enclosure 2
Types of FFCRA Adjustments
FNS began issuing adjustments of application processing procedures in March 2020,
using authority granted by the Families First Coronavirus Response Act (FFCRA). Use of
these adjustments would be subject to the original terms and conditions. Adjustments
approved under FFCRA include:
1. Telephonic Signature;
2. Extend SSN Good Cause Period;
3. Suspend the Use of Income and Eligibility Verification System (IEVS) for
ongoing households;
4. Suspend In-Person Application and Verification Submissions; and
5. Revise Authorized Representative Requirements.
6. Extend certification periods for up to 6 months and adjust periodic reports.
7. Waive initial and recertification interviews in the following ways:
a. By not requiring an interview at application, provided identity has been
verified and all other mandatory verifications at 7 CFR 273.2(f)(1) have
been completed.
b. By not offering a face-to-face interview when requested.
c. By not requiring households eligible for expedited service to complete an
interview prior to approval, provided identity has been verified and an
attempt was made to contact the household for an interview.
8. Use periodic reporting procedures to recertify households
Types of 7 CFR 272.3(c)(1)(i) Waivers
FNS began issuing waivers of other State administrative procedures in March 2020, using
authority granted by 7 CFR 272.3(c)(1)(i). Use of these waivers would be subject to the
original terms and conditions. Waivers approved under 7 CFR 272.3(c)(1)(i) include:
9. Temporary Suspension of Claims Activity;
10. Waiver of Fair Hearing Timeframes;
11. Extension of Administrative Disqualification Hearing (ADH) Timeframes;