TO:	Commissioners; TA & FS Directors; EBT Coordinators; Finance Directors; WMS Coordinators; CAP Coordinators

FROM:	Patricia A. Stevens, Deputy Commissioner
	Division of Temporary Assistance

SUBJECT:	Extension and Changes in the Food Assistance Program (FAP)

EFFECTIVE DATE:	Immediately

CONTACT PERSON:	Eastern Regional Team @ 1-800-343-8859, extension 3-1469

	This message is being reissued to clarify the new eligibility criteria for the NYS Food Assistance Program (FAP).  The September 15, 2003 message incorrectly stated that, as one of the conditions for FAP eligibility, an individual had to have been in a legal immigrant status on 8/22/96 (see corrected second bullet, below).  The FAP eligibility criteria are set forth below.

	Chapter 360 of the Laws of 2003 extends the authority to operate the New York State Food Assistance Program (FAP) to September 30, 2005 and modifies FAP eligibility criteria relating to district residency.

	Specifically, Chapter 360 of the Laws of 2003 extends the termination date of Social Services Law section 95(10) (FAP) from September 30, 2003 to September 30, 2005.  To be eligible for FAP an individual must:

•	Be a qualified alien not eligible for federal food stamp (FS) benefits solely because of alien rules (for example, an alien who has lived in the U.S. for 10 years but gained qualified status only last year);

•	Be residing in the U.S. on 8/22/96 (formerly, had to have resided on 8/22/96 in the same FAP district in which the application is made.)  This change in the district residency criteria is effective as of August 19, 2003;

•	Be a victim of Domestic Violence (See 02 ADM 4—“Food Assistance Program: Expansion of Eligibility to Certain Victims of Domestic Violence”) OR be 60 years of age or older and born after 8/22/31. (Note: Individuals born before 8/22/31 are eligible for federal FS);

•	Not have been absent from the U.S more than 90 days in the 12 months preceding the FS application date; and

•	Apply for U.S. citizenship within 30 days of applying for FS or, if not then eligible to apply for citizenship, apply within 30 days of becoming eligible to apply for citizenship.

	Additional information and systems instructions will be provided in an administrative directive.