SNAP Rule #232A - 2024 Federal Poverty Level Updates

Date posted:

Attachment(s):

The adopted rule make the following changes:

  1. Federal Poverty Level: Maine exercises an option for Broad Based Categorical Eligibility under 7 C.F.R. § 273.2(j)(2) which includes a 200% Federal Poverty Level (FPL) test. This figure is not included in the figures updated each federal fiscal year per 7 C.F.R. § 273.9(a)(4), it is updated as soon as the the FPLs are published. This year’s FPLs were published at https://aspe.hhs.gov/poverty-guidelines on January 17. See also, Annual Update of the HHS Poverty Guidelines, Federal Register 89:11 (January, 17, 2024) pages. 2961-2963, https://www.govinfo.gov/content/pkg/FR-2024-01-17/pdf/2024-00796.pdf. The adopted rule effectuates these figures retroactive to January 11, 2024. Retroactive rulemaking is permissible under 22 M.R.S. § 42(8) as these changes afford this benefit to more residents of the State of Maine and do not adversely impact applicants, participants, beneficiaries, or providers. The changes to Section 999-3 Chart 4 would make SNAP benefits and the related SNAP Employment and Training (E&T) services available to more Maine households.

          Federal rule 7 C.F.R. § 273.9(a)(3) requires that FPL tests are updated each year, effective October 1st. The U.S. Department of Health and Human Services provided            the updated Federal Poverty Guidelines on January 17, 2024. These figures are included in the figures updated each federal fiscal year per 7 C.F.R. § 273.9(a)(4).                  The adopted rule effectuates these figures October 1, 2024. Changes to Section 999-3 Chart 1, Chart 2, and Chart 3 will make SNAP benefits and the related SNAP                Employment and Training (E&T) services available to more Maine households and reduce rulemaking effort and improve efficiency.

  1. SNAP Utility Allowances:The Department determined it necessary to make a non-substantial change to Chart 8 to correct a clerical error that occurred with SNAP Rule #231 as the adopted redline rule pages differed from the clean adopted rule pages. SNAP Rule #231 went through the Maine Administrative Procedures Act rulemaking process pursuant to 5 M.R.S. §§ 8051-8064. SNAP Rule #231 was noticed correctly pursuant to 5 M.R.S. § 8053 on October 4, 2023 and the comment deadline ran through November 6, 2023. No comments were received. SNAP Rule #231 was adopted by the Commissioner on November 28, 2023, filed with the Secretary of State on November 28, 2023, and became effective on December 3, 2023. The rule package filed with the Secretary of State had the correct red lined rule, which correctly showed the Commissioner’s adopted changes. Unfortunately, the “clean” rule filed with the Secretary of State did not contain the Commissioner’s adopted changes to the rule. The Office of the Attorney General provided guidance that the Department had adopted the rule with changes, and it was a clerical error that the rule was not posted on the Secretary of State website. To correct the clerical mistake in SNAP Rule #231, this adopted rule implements the Full Standard Utility Allowance (FSUA), Non-Heat Standard Utility Allowance (NHUA) and Phone Standard Utility Allowance (PHUA) figures listed in Chart 8, for FFY 2024 consistent with the adopted SNAP Rule #231 which was effective December 3, 2023.

This rule will not have an adverse impact on municipalities or small businesses.

Office: Office for Family Independence

Effective date:

Comments for this rule have been closed.