1/14/21 Update:
COVID-19 Emergency Allotments to Families/Individuals Receiving SNAP in January: Including a 15% Boost to Maximum SNAP Benefit Allotments

Emergency Allotments (EA) of SNAP benefits were authorized by Congress under the Families First Coronavirus Response Act of 2020. The United States Department of Agriculture (USDA), Food and Nutrition Service (FNS) previously approved NYS’s plan to distribute EA of SNAP benefits each month from March – December 2020. FNS recently approved NYS’s request to provide EA for SNAP recipients in the month of January.

It is important to note that the newest COVID-19 relief package, passed in December, boosts the SNAP maximum benefit by 15 percent for six months (through June 2021). See our updated budget worksheet (page 2, chart D) for the new maximum SNAP monthly benefits per household size. For additional information on the SNAP investments and other critical nutrition assistance provisions in the new COVID-19 relief package, see our summary.

See the COVID-19 January Emergency Allotments to SNAP Households guidance from OTDA.

This Consumer FAQ explains who will receive the January EA supplement benefit, provides a chart with the new January 1 SNAP maximum benefit allotments and highlights what SNAP clients should know about this supplement SNAP benefit.

Issuance schedule for January 2021:

• NYC: issuance based on the last digit of the case number on 1/15, from 1/19 through 1/22, and from 1/25 through 1/29/2021.
• Rest of State: issuance based on each districts caseload which will be divided randomly, from 1/11 through 1/14, and from 1/18 through 1/21/2021.
• For all households the SNAP EA benefits will be available to eligible families the day after they are issued per the schedules above.

Other important details:

• Only households that receive less than the maximum SNAP benefits for their household size in January are eligible for the January EA supplement SNAP benefit. See the chart in the FAQ for maximum monthly benefits by household size.
• The January EA supplement benefits will be automatically added to the SNAP EBT card of each eligible SNAP household. A notice about the EA supplement will not be sent by the SNAP office. Those eligible for the supplement should keep checking their EBT balance.
• For newly approved SNAP cases in January eligible for the EA supplement: additional issuances will be run to catch those cases that did not receive the January EA supplement in the original issuances listed above.
• Families and individuals who get SNAP and who are eligible to receive the January EA SNAP supplemental benefit do not need to do anything. SNAP clients do not need to apply for the benefit and are being asked not to call local districts to inquire about the benefit.
• EA SNAP supplement benefits do not need to be spent immediately. Unused SNAP benefits, including the EA supplement, remain available on the EBT card for up to one year from the date they appear on the card.

11/9/20 Update:
On November 9, OTDA issued a notice on COVID-19 to local social service districts. Highlights include:

The Continuing Resolution (CR) recently passed by Congress and signed into law by the President on October 1, 2020, reinstated the SNAP interview adjustment waivers and certification extension period waiver originally authorized under the Families First Coronavirus Response Act. The CR reinstated and extended the availability of these waivers through June 30, 2021.

In NYS, these waivers have been extended further and will now be in effect from October 1, 2020 through March 31, 2021. These waivers are optional for SNAP offices. SNAP offices have a choice in implementing these waivers.

Interview at Initial Application and Recertification
SNAP offices are not required to interview a household at initial application or recertification through March 31, 2021 if the following conditions are met:

• the applicant’s identity has been verified; and,
• all other mandatory information and verification has been provided and is valid:
  • Identity
  • Social Security Number
  • Residency
  • Gross non-exempt income (earned and unearned)
  • Disability
  • Immigration Status (also referred to as, “Alien Status” by OTDA)

If either of these conditions are not met, then an interview will be required.

SNAP offices are directed to make every attempt to verify household circumstances through data matching and information currently present in the State and district systems.

SNAP offices will be required to interview the household if any of the information or verification submitted is unclear or cannot be verified through separate data matches.

New Applications Eligible for Expedited Processing

SNAP offices can choose to apply the following rules through March 31, 2021:

• SNAP applications found eligible for expedited processing may be processed and an expedited benefit issued without an interview being attempted or taking place if the following conditions are met:
  • the applicant’s identity has been verified; and
  • the applicant has provided enough information for the SNAP office to determine eligibility and calculate a SNAP benefit.
• SNAP applicants receiving an expedited benefit and being processed for ongoing SNAP benefits do not need to be interviewed if they submitted all mandatory verification (see list of mandatory verification above) prior to receiving the ongoing SNAP benefits.

Extension on Recertifications
NYS is allowing SNAP offices to again extend recertifications in order to help re-distribute and balance the SNAP recertification workload over the next federal fiscal year and to promote timely approval of benefits for eligible households. Important details include:

• SNAP offices are not required to extend certification periods for SNAP households.
• SNAP offices may choose to extend recertifications for up to six months for SNAP households that have not already received a six-month extension previously (March 2020 – June 2020 and July 2020 in NYC only).
• SNAP offices that want to extend certification periods must submit a plan to OTDA and the goal of the plan must be to balance the recertification workload for the period of October 2020 through September 2021.

9/29/20 Update:
On September 24, OTDA issued a notice on COVID-19 to local social service districts. Highlights include:

Treatment of the New Supplement Lost Wages Payments for SNAP

Supplemental Lost Wages (SLW) payments are being issued by the NYS Department of Labor and provide an additional $300 in federally funded dollars each week to the Unemployment Insurance Benefit (UBI) of eligible workers.

• SLW payments must NOT be counted as income or as a resource in determining eligibility or calculating a benefit amount for SNAP.
• If a SNAP recipient receives the SLW retroactively, the retroactive benefits are also not counted as income.
• The SLW payments are funded differently than the Federal Pandemic Unemployment Compensation (FPUC) payments of $600. This is why the SLW payments are treated differently under SNAP rules.

On August 14, OTDA issued a notice on COVID-19 to local social services districts. Highlights include:

Statewide Waiver of the Able Bodied Without Dependents Time Limits

Beginning October 1, 2020, SNAP offices throughout NYS are not to impose the ABAWD three-month time limit rule.

In August 2020, OTDA provided SNAP offices with an update on the suspension of the ABAWD rule in NYS. Due to NYS’ eligibility for extended unemployment benefits, FNS has approved OTDA’s request to waive the ABAWD time limit rule in all areas of the state from October 1, 2020, through September 30, 2021, or until the date when FNS puts the new rule on ABAWD waiver standards into effect, whichever occurs first.

• This is in addition to the current temporary and partial nationwide suspension of ABAWD time limit rules in all states.
  • The original suspension of the ABAWD time limit rule in the Families First Coronavirus Response Act started on April 1, 2020 and continues for a month after the current public health emergency declaration due to COVID-19 is lifted.
  • See our 3/30/20 post below for more information.

SNAP recipients who are newly determined to fall under the ABAWD time limit rule will be sent a notice about this determination. These letters are not a notice of a requirement to work or take any action. They merely let the SNAP recipient know that they fall under the criteria for the ABAWD time limit rules which are currently suspended.

9/14/20 Update:
On September 10th the United States Department of Agriculture (USDA) Food and Nutrition Services (FNS) released a fraud alert warning of scams targeting SNAP recipients. Highlights include:

• USDA has received reports of several possible SNAP Fraud attempts including attempts in NYC.
• Be aware of a scam using texting to obtain your personal information. The text might say you were chosen to receive food stamps or SNAP. If you do not know if a request for information about SNAP is real or not, contact your local SNAP office.
• Never share personal information with individuals or organizations that you do not know. Personal information includes your social security number, bank information, or SNAP electronic benefits transfer card or PIN number.
• If you think the text is a scam, do not reply at all. Just delete.
• If SNAP participants are unsure if a request for information is legitimate, USDA advises they contact their local SNAP office. To find your local SNAP/HRA office call:
  • Outside New York City, dial 800-342-3009
  • In New York City, dial 311.
• To stay on top of potential scams, please visit:
  • USDA’s SNAP scam alerts
  • OTDA’s home page

7/6/20 Update:
On July 2, NYS OTDA issued a notice on COVID-19 to local social service districts. Highlights include:

Six-month Extension on July Recertifications in NYC

• USDA approved OTDA’s request for a six-month extension of the recertification period for NYC clients whose SNAP cases will expire at the end of July 2020.
• NYC SNAP recipients who were to recertify for SNAP or TA/MA and SNAP in July will be given a six-month extension of SNAP benefits.
• NYC SNAP participants who recertified for July and had their recertification processed by the SNAP office will not be eligible for the six-month extension.
• The six-month extension for the July recertifications will allow NYC SNAP offices until January 31, 2021 to recertify any case that was originally scheduled to be recertified by July 31, 2020.
• SNAP recipients will NOT be sent a notice on this extension of benefits or the new deadlines for recertification.
• NYC SNAP offices must post flyers in English and Spanish regarding the extension of the July recertifications periods.
  • The flyers provide information on the new recertification dates and remind SNAP recipients if they do not recertify by the end of the six-month extension their SNAP benefits will end.
• There will be no further extensions of SNAP certification periods in NYC.

NYC HRA issued specific information for people needing SNAP benefit information in New York City.

• Previously, SNAP recipients who were to recertify for SNAP or TA/MA and SNAP in March, April, May or June were given a six-month extension of SNAP benefits in NYC and most upstate counties. See full details of the extensions in our 5/8/20 update below.

7/2/20 Update:
On June 30, NYS OTDA issued a notice on COVID-19 to local social service districts. Highlights include:

July Recertifications Will Resume in All Upstate Counties

• USDA denied OTDA’s request for a statewide six-month extension of the recertification period in July for all SNAP recipients.
• SNAP offices, except for those in NYC, must recertify all SNAP cases that have a certification period ending in July 2020.
  • SNAP recipients who are to recertify for SNAP or TA/MA and SNAP in July must recertify according to normal recertification requirements in order to continue to receive SNAP benefits.
• Previously, SNAP recipients who were to recertify for SNAP or TA/MA and SNAP in March, April, May or June were given a six-month extension of SNAP benefits in NYC and most upstate counties.  See full details of the extensions in our 5/8/20 update below.

5/20/20 Update:
On May 14 OTDA issued a notice on COVID-19 to local social service districts.

COVID-19 SNAP Employment Requirements

SNAP offices:

• are reminded that these rules will remain in effect during this public health crisis and until otherwise instructed by OTDA.
• must not take negative actions against SNAP applicants/recipients for not complying with work requirements that involve in-person contact.
• should not give SNAP applicants/recipients new work assignments that cannot be completed at home.
• must continue to suspend all required in-person work activity assignments.
• should grant good cause exceptions to SNAP applicants/recipients that do not meet in-person work requirements or activities.

Employment Assessments and Employment Plan

• SNAP offices should do employment assessments and employment plans by telephone.
• Completed or updated employment plans, discussed by phone, should be mailed to the SNAP applicant/recipient.

Orientation

• SNAP offices may conduct employment orientations by phone, online or by providing written materials by mail.

Distance Learning

• SNAP offices should encourage individuals currently enrolled in educational activities to participate in these activities through online and distance learning options where available and accessible to the participant.

Job Search/Job Readiness Training

• SNAP offices should postpone any mandatory work assignments until further notice.

5/8/20 Update:
On May 4th, NYS OTDA issued a notice on COVID-19 to local social service districts. Highlights include:

Six-month Extension on Recertifications

• SNAP recipients who were to recertify for SNAP or TA/MA/SNAP in March, April, May, or June will be given a six-month extension of SNAP benefits in NYC and most upstate counties*.
• SNAP participants who recertified in March, April, May, or June and had their recertification processed by the SNAP office will not be eligible for the six-month extension.
• SNAP recipients will NOT be sent a notice on this extension of benefits or the new deadlines for recertification.
• SNAP offices must post these flyers in English and Spanish.
• The flyers provide information on the new recertification dates and remind SNAP recipients if they do not recertify by the end of the six-month extension their SNAP benefits will end.

NYC HRA issued specific information for people needing SNAP benefit information in New York City.

*The following upstate counties will NOT extend recerts for an additional three-months: Monroe, Warren and Wyoming.

• In these counties’ recertification for March, April and May were extended for 3 months. SNAP offices in these counties must continue to post these flyers in English and Spanish.
• The flyers provide information on the new recertification dates and remind SNAP recipients if they do not recertify by the end of the three-month extension their SNAP benefits will end.

4/8/20 Update:
On April 6, OTDA issued a notice on COVID-19 to local social service districts. Highlights include:

SNAP Treatment of COVID-19 Stimulus “Recovery Rebates”

The recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act includes direct payments for low- and middle-income families of $1,200 for most adults ($2,400 for a married couple) and $500 for children under age 17.

Treatment as Income:

• The one-time “Recovery Rebate” payments are not counted as income for SNAP. The payment is excluded as a non-recurring, lump sum payment, and does not count as income under SNAP rules.

Treatment as a Resources:

Most SNAP Households in NYS do not have a resource test for SNAP due to Categorical Eligibility (Cat-El). The information below applies to households who are NOT categorically eligible for SNAP.

• For households currently receiving SNAP: payments are excluded as a resource for 12 months from the date the payment is received.  Any remaining balance after a year would be counted as a resource.
• For new SNAP applicants: payments are excluded as a resource in the month received, and the month after. Any remaining balance would be counted as a resource in the following months.  

3/30/20 Update:
On March 30 OTDA issued a notice on COVID-19 to local social service districts. Highlights include:

• SNAP offices in all counties are not to impose the ABAWD 3-month time limit rule starting on April 1, 2020 and until otherwise instructed by OTDA.
• SNAP recipients subject to the ABAWD time limit rule who:
  • Would have become ineligible in March due to using up their 3-months of SNAP benefits without complying with the ABAWD work requirements can continue to receive SNAP benefits through the temporary suspension of the ABAWD time limit rules.
  • Were previously determined ineligible due to not complying with the ABAWD work requirements can now reapply for SNAP benefits during the suspension of the ABAWD rules.

3/26/20 Update:
On March 24th, NYS OTDA issued a notice on COVID-19 to local social service districts. Highlights include:

• SNAP offices provide essential services and are exempt from the in-person work restrictions put in place in NYS and regardless of county-wide mandates to close county government offices.

3/19/20 Update:
On March 16th, OTDA issued a notice on COVID-19 to social service districts. Highlights include:

• SNAP benefits can be used for online grocery purchases. Current participating retailers include Amazon, Walmart and ShopRite. Amazon is available statewide; Walmart and ShopRite participate in specific zip codes. Walmart, depending on specific locations, offers delivery, pick-up or both. Clients can enter zip code on the Walmart or ShopRite websites to find availability.
• For the duration of the COVID-19 public health crisis, at their discretion, SNAP offices can elect to raise the claims collection threshold to $500 on active SNAP cases.

10/13/20 Update:

USDA has extended nationwide waivers allowing continued Summer Food Service Program (SFSP) and National School Lunch Program Seamless Summer Option (SSO) operations through June 30, 2021. NYSED issued a memo outlining the waiver extensions, with additional guidance forthcoming.
The waiver extensions allow:

• SFSP and SSO operations through June 2021
• Non-congregate feeding (e.g., grab-and-go or home-delivered meals)
• Parent/guardian meal pick up
• Flexibility in meal service times and meal patterns
• Waived area eligibility, and area eligibility for closed enrolled sites
• Waived first week site visits
• Offer versus serve flexibilities in the SFSP
• Flexibility in pre-approval visits, and to allow reimbursement for meals served prior to notification of approval

9/1/20 Update:
USDA has extended several summer meal program waivers through December 31, 2020, allowing schools and SFSP sponsors to continue serving free meals to all children during the start of the 2020-2021 school year. The nationwide waiver extensions allow:

• SFSP and SSO Operations through December 2020
• Non-Congregate Feeding (e.g., grab-and-go or home-delivered meals)
• Parents and Guardians to Pick Up Meals for Children
• Flexibility in Meal Service Times
• Waived Area Eligibility, which may apply to any site that operated under the previous State area eligibility plan, and Area Eligibility for Closed Enrolled Sites 
• Meal Pattern Flexibility
• Offer Versus Serve Flexibilities in the SFSP

8/24/20 Update:
USDA has extended several nationwide waivers to allow continued non-congregate meal distribution through the start of the school year, or September 30, 2020, whichever is earlier. Those waivers include:

• Non-congregate feeding, allowing meals to be served to children outside of the normally-required group setting (e.g., grab-and-go or home-delivered meals).
• Parent pickup, allowing distribution of meals to a parent or guardian to take home to their child(ren).
• Area eligibility, allowing sponsors to operate sites in locations that do not meet area eligibility requirements.
• Meal pattern flexibility, on a case-by-case basis.

6/10/20 Update:
USDA issued a nationwide waiver for area eligibility requirements through August 31, 2020, allowing summer meal sponsors to be approved to operate open sites in all areas, not just those where 50% or more of the children qualify for free or reduced-price school meals. This waiver applies to the Summer Food Service Program (SFSP) and National School Lunch Program Seamless Summer Option.

USDA also extended nationwide waivers for:

• On-site monitoring requirements, through August 31, 2020.
• Meal pattern flexibility in areas with food supply chain disruptions, through July 31, 2020.

5/15/20 Update:
USDA Press Release

USDA has extended several nationwide waivers to allow continued non-congregate meal distribution through August 31, 2020. These waivers include:

• Non-Congregate Feeding, allowing meals to be served to children outside of the normally-required group setting, in alignment with social distancing.
• Parent Pickup, allowing distribution of meals to a parent or guardian to take home to their children.
• Meal Times, waiving requirements that meals be served within certain time frames; this flexibility allows for grab-and-go options, and for multiple days-worth of meals to be provided at once.

5/5/20 Update:
USDA and NYSED have extended 2020 application deadlines for Summer Food Service Program (SFSP) sponsors.

In New York, all SFSP sponsor applications are now due June 15, 2020, including new sponsor applications and annual renewals for returning sponsors. The previous deadlines were May 1st for new sponsors, and June 1st for returning sponsors. Read the USDA memo and visit NYSED’s SFSP webpage for more information.

As a reminder, sponsors can add or modify meal sites at any time, including throughout the summer, with NYSED approval.

Schools or organizations interested in becoming sponsors should contact NYSED Child Nutrition as soon as possible for training materials and further guidance: cnsfsp@nysed.gov

For CACFP questions, contact CACFP at 1-800-942-3858 or cacfp@health.ny.gov.

10/13/20 Update:
USDA Memo

USDA extended a nationwide waiver of area eligibility requirements for the CACFP At-Risk Afterschool Snack and Supper component through June 30, 2021. The waiver allows eligible schools, afterschool programs, and childcare centers to participate in CACFP’s At-Risk component regardless of location, waiving the usual requirement that programs be located in the enrollment area of a school where 50% of more of the students qualify for free or reduced-price school meals.

9/25/20 Update:
NYS DOH Memo

NYS Department of Health’s memo, “Remote Learning in Childcare Settings during Novel Coronavirus (COVID-19),” provides guidance on claiming meals for school-age children in child care centers and day care homes during the school day. Highlights include:

• Through June 30, 2021, CACFP sponsors can claim meals served to school-age children who are attending school virtually in childcare settings.
• Centers and day care home providers may claim two meals and one snack, or two snacks and one meal per child per day.
• Income eligibility applications must be maintained for centers and Tier 1 day care home providers’ own children.
• Meals brought from home or provided by the local school district cannot be claimed through CACFP.
• Virtual or remote learning days are considered school days. On school days, At-Risk snack and/or supper may only be claimed if served after the school day has ended, in afterschool care. On non-school days (holidays, school vacation, snow days, and days when the school does not have in-person or remote learning scheduled), At-Risk meals can be claimed when served during the day.

9/18/20 Update:
USDA Waiver

USDA has issued a nationwide waiver for area eligibility requirements for the CACFP At-Risk Afterschool Snack and Supper component through December 31, 2020. The waiver allows eligible schools and afterschool programs to participate in the At-Risk component regardless of location, waiving the usual requirement that programs be located in the enrollment area of a school where 50% of more of the students qualify for free or reduced-price school meals.

6/25/20 Update:
USDA has extended several nationwide waivers to allow continued non-congregate meal distribution through June 30, 2021. Those waivers include:

• Non-congregate feeding, allowing meals to be served to children outside of the normally-required group setting (e.g., grab-and-go or home-delivered meals).
• Parent pickup, allowing distribution of meals to a parent or guardian to take home to their child(ren).
• Meal times flexibility, allowing sponsors to provide multiple days-worth of meals at once.
• Meal pattern flexibility, on a case-by-case basis.

5/15/20 Update:
USDA Press Release

USDA has extended several nationwide waivers to allow continued non-congregate meal distribution through August 31, 2020. These waivers include:

• Non-Congregate Feeding, allowing meals to be served to children outside of the normally-required group setting, in alignment with social distancing.
• Parent Pickup, allowing distribution of meals to a parent or guardian to take home to their children.
• Meal Times, waiving requirements that meals be served within certain time frames; this flexibility allows for grab-and-go options, and for multiple days-worth of meals to be provided at once.

3/31/30 Update:
NYS Department of Health memo, “Novel Coronavirus (COVID-19) Updates for CACFP Sponsoring Organizations,” provides guidance on nationwide waivers related to meal pick-up, meal patterns, and monitoring. Highlights include:

• Centers and family day care home providers who are approved for non-congregate feeding may distribute meals to a parent or guardian to take home to their enrolled child. Therefore, enrolled children do not have to be present when parents/guardians pick up meals or when meals are delivered during the COVID-19 outbreak.
• If there is a shortage of a required food component, sponsoring organizations may request approval from CACFP to claim meals that do not include all the required components.
• CACFP monitoring requirements have been decreased. Please read the memo for more information.

3/30/20 Update:
NYS Department of Health’s “Guidance for Non-Congregate Feeding During COVID-19” provides information for CACFP sponsors regarding non-congregate meal service. Highlights include:

• USDA granted a nationwide waiver for non-congregate feeding, which allows CACFP sponsors to continue serving meals to children and adult participants individually. In order to be approved for non-congregate meal service, the sponsor must complete the CACFP-213 COVID-19 Application for Feeding Flexibility (included with the memo to sponsors).
• Meals can be distributed at a site where households pick up the meals or delivered to children and/or adult participant’s homes, or a combination of both.
• Sponsors may provide multiple meals and snacks at one time for up to a 3-day period.
• All meals and snacks must meet CACFP meal pattern requirements.
• Adult Day Care and Programs offering At-Risk Afterschool Meals are not required to offer enrichment activities at this time.

3/19/20 Update:
NYS Department of Health guidance, “Novel Coronavirus (COVID-19) Guidance for CACFP Sponsoring Organizations,” explains current flexibilities, waivers submitted to USDA for approval, and other resources available to CACFP providers. Highlights include:

• NYS CACFP has submitted several waivers to USDA, and will notify sponsoring organizations if they are approved. Please read the linked memo for additional information.
• When a school is closed, the school may establish an emergency program through the Child Nutrition Programs to provide food to children who normally attend their school; childcare centers or homes can also receive meals from these schools or other sites at no cost.

9/23/20 Update:
USDA Policy Memo

FNS is extending all current waivers through the end of the pandemic for all WIC state agencies that choose to continue operations under such waivers. For New York, most notably, WIC agencies are allowed to issue benefits remotely so participants don’t have to pick up their WIC benefits in person. Participants may enroll or re-enroll in WIC without visiting a clinic in person and postpone certain medical tests.

5/25/20 Update:
USDA Policy Memo

NYS WIC offices remain open and are ready to serve current and new families that are pregnant, have a newborn or children less than 5 years old. Many offices are able to help you by phone, some are offering on-site appointments. Check to see if your family is eligible here. Then, use this link to find the WIC Office that is convenient for you to schedule an appointment.

3/23/20 Update:
Many NYS WIC offices are still able to help you by phone. On-site appointments are limited. There are no changes to your family’s “Benefits Valid Through” date. To check your WIC benefit balance, see:

• WIC2Go, the mobile app
• Your last store receipt
• Your store’s customer service desk
• Customer Service at 1–844-540-3031
• wicconnect.com

New York State WIC is not suspending any eWIC cards. Please be aware there are scams online telling families cards are being suspended. This is not true. Once a family receives their benefits, they have the 30-day date range to use those benefits.

If you have additional questions, please contact your local WIC agency.

8/26/2020 Update:
School Meal Waivers for the 2020-2021 School Year
USDA Waivers approved for the National School Lunch Program (NSLP) and School Breakfast Program (SBP), July 1, 2020 – June 30, 2021

Schools who operate the NSLP and SBP (also referred to as School Food Authorities (SFAs)) must notify the NYSED Office of Child Nutrition of their plan to use any of the following waivers necessary for operations during the 2020-2021 school year:

• Non-Congregate Feeding
• Meal Service Time Flexibility
• Bulk meals require both non-congregate and meal service time waivers
• Parent/Guardian Meal Pick Up
• Meal Pattern Flexibility
• “Offer Versus Serve” Flexibility for Senior High Schools.

NYSED Office of Child Nutrition has provided guidance to SFAs on each of these waivers here.

School Food Authorities must contact their NYSED Child Nutrition Program Representative to ensure operations are within waiver allowances

NYSED Reopening Guidance

“The closing of schools in March 2020 has profoundly affected the lives of New Yorkers. This impact will continue through the 2020-21 school year and beyond. While no one can predict all the challenges that may arise over the coming weeks and months, it is imperative that we plan for a safe and orderly return to school.”

View the entire reopening plan on NYSED’s website here. Information specific to Child Nutrition can be found on page 54 of the Reopening Schools Guidance.

5/20/2020 Update:
Nationwide Community Eligibility Provision (CEP) Data Waiver
USDA Guidance
NYSED Memo

USDA-FNS issued a nationwide waiver extending CEP deadlines due to the COVID-19 public health crisis. The two key changes for schools newly adopting or recertifying for CEP for the 2020-21 school year include:

• Applications must be submitted by August 31, 2020 (typically the deadline to apply is June 30th)
• Eligibility for CEP can be based on enrollment from any time between April 1st – June 30, 2020 and 2019-20 direct certification data (typically only April 1st enrollment is used).

New York State Education Department (NYSED) is now accepting applications from schools and has posted the memo explaining the application submission process.

USDA /FNS also extended CEP notification and reporting and deadlines for NYSED for the 2020-21 school year. NYSED must notify schools of CEP eligibility by June 15, 2020 and must also submit the lists of CEP-eligible LEAs and schools by June 30, 2020.

Learn more about CEP here. For assistance applying or evaluating the financial viability of CEP, please contact Jessica.PinoGoodspeed@HungerSolutionsNY.org

4/15/20 Update:
NYSED Memo, “60-Day Claim Deadline Waiver,” provides guidance on the USDA’s nationwide waiver of the 60-day reporting requirement for January and February 2020; the waiver applies to the National School Lunch Program, the School Breakfast Program, and the Special Milk Program.

The waiver permits School Food Authorities (SFAs) an additional 30 calendar days from the original required date of submission to submit reimbursement claims.

• January 2020 claims, originally due April 1, 2020, are due April 29, 2020 under the waiver submission deadline.
• February 2020 claims, originally due April 29, 2020, are due May 30, 2020 under the waiver submission deadline.

This waiver is effective immediately. NYSED urges SFAs to utilize this waiver only if needed and to remain as vigilant with claim submission as possible.

4/2/20 Update:
NYS Education Department memo, “Child Nutrition Program Waivers Available During the COVID-19 Public Health Emergency,” provides an online form for sponsors operating the Summer Food Service Program or the Seamless Summer Option of the National School Lunch Program to apply for temporary waivers to support access to nutritious meals while minimizing potential exposure to COVID-19. NYSED must review and approve waivers prior to Program operator implementation. Available waivers include:

• Meal Pattern Waiver: Upon approval from NYSED, Program operators are waived from serving meals that meet specific meal pattern requirements as identified by the Program operator in its waiver application.
• Afterschool Activity in the Snack Program Waiver: Upon approval from NYSED, this waives the requirements to serve afterschool snacks in a structured and supervised environment with an educational or enrichment activity.
• Meal Service Time Waiver: Upon approval from NYSED, this waives the meal service time requirements established for both the Seamless Summer Option and the Summer Food Service Program.
• Parent/Guardian Meal Pick-Up Waiver: Upon approval from NYSED, Program operators approved by NYSED for non-congregate meal distribution during COVID-19-related operations may distribute meals to a parent or guardian to take home to their children.
• On-site Monitoring Requirements in the SFSP Waiver: Upon approval from NYSED, this waives the SFSP on-site monitoring requirements.
• Area Eligibility Waiver: Upon approval from NYSED, this waiver allows SFSP and SSO sponsors to operate open sites in areas approved by NYSED based on economic hardship, but that are not in designated area eligible locations.

NYSED will provide information regarding any additional flexibilities as they are made available. Please contact your Child Nutrition Program Representative, or email CNCOVID@nysed.gov if you have questions or concerns.

4/1/20 Update:
New York State Waiver of Area Eligibility for Summer Meals
USDA Policy Memo
New York State Education Department’s (NYSED) waiver request to maintain children’s access to meals during the novel coronavirus (COVID-19) pandemic was approved by USDA. Program sponsors should contact NYSED directly for further guidance.

Highlights from USDA Policy Memo:

• This waives the restrictions on site area eligibility requirements in the Summer Food Service Program (SFSP) and National School Lunch Program (NSLP) Seamless Summer Option (SSO).
• This allows previously non-area eligible school food authorities and community organizations, in good standing, to serve meals to all children through SFSP sites and SSO during the emergency school closures associated with COVID-19.
• Typically, open summer meal sites (where all children can eat) must be located in areas where at least 50 percent of NSLP participants are eligible for free or reduced-price meals. This waiver lifts this requirement.
• USDA has directed NYSED to have a plan for ensuring that new meal sites are targeting benefits to children in need, for example, children who may be newly eligible for benefits due to the economic impacts of COVID-19.
• This waiver is effective as of March 23, 2020 and remains in effect until June 30, 2020, or until expiration of the federally declared public health emergency, whichever is earlier. FNS recognizes that there may be a continued need for this waiver, and will carefully assess the situation on an ongoing basis.

3/30/20 Update:
Nationwide Waivers of Child Nutrition Monitoring
USDA Policy Memo
USDA/FNS has granted a nationwide waiver to eliminate the requirement to conduct on-site monitoring visits due to the exceptional circumstances of this public health emergency.

• USDA has outlined specific requirements for sponsors and NYSED for each program waiver.
• A waiver has been granted for each of the following Child Nutrition Programs: school meals (NSLP and SBP); CACFP; and SFSP. Each detailed memo can be found in the USDA Policy Memo.
• These waivers are effective immediately, and remain in effect through June 30, 2020, or until expiration of the federally declared public health emergency, whichever is earlier

3/26/20 Update:
The following waivers have been issued:

Nationwide Waiver to Allow Parents and Guardians to Pick Up Meals for Children
USDA Guidance
Program operators in a State with an approved waiver allowing non-congregate meal distribution during COVID-19-related operations may distribute meals to a parent or guardian to take home to their children.

Highlights from USDA Guidance:

• This waiver supports access to nutritious meals while minimizing potential exposure to COVID-19
• It applies to the Child Nutrition Programs: National School Lunch Program (NSLP), including the Seamless Summer Option (SSO); School Breakfast Program (SBP); Child and Adult Care Food Program (CACFP); and Summer Food Service Program (SFSP).
• States must develop a plan to maintain accountability and program integrity to:
  • Ensure that meals are distributed only to parents or guardians of eligible children,
  • Ensure duplicate meals are not distributed to any child.
• This waiver is effective immediately and remains in effect until June 30, 2020, or until expiration of the federally declared public health emergency, whichever is earlier.

Waiver to Allow Meal Pattern Flexibility in the Child Nutrition Programs
USDA Guidance
This waiver provides nationwide approval for states to locally waive specific meal pattern requirements for breakfast, lunch, snack and supper as needed to support access to nutritious meals when certain foods are not available due to the COVID-19.

Highlights from USDA Guidance:

• The waiver applies to all of the federal child nutrition programs: SBP, NSLP, SFSP, and CACFP.
• While the waiver is available to all states, program sponsors must submit requests to their state agency for approval that demonstrate disruptions to the availability of food products.
• USDA guidance states that NYSED should consider requests that are targeted and justified based upon disruptions to the availability of food products resulting from unprecedented impacts of COVID-19.
• FNS expects and strongly encourages program operators to maintain and meet the nutrition standards for each Program to the greatest extent possible.
• This waiver is effective immediately and remains in effect until April 30, 2020 or until expiration of the federally declared public health emergency, whichever is earlier. FNS is offering this flexibility in short term increments and will continue to reevaluate.

3/19/20 Update:
Schools and community partners can leverage federal resources and work together to ensure access to nutritious meals during school closures. The summer nutrition programs (the Summer Food Service Program (SFSP) and the Seamless Summer Option (SSO) through the National School Lunch Program) are available to provide meals during school closures. Many schools are already using these programs to provide meals to students.

Resources have been made available to schools working to feed children who rely on school breakfast and lunch during school closures:

• New guidance from the U.S. Department of Agriculture was released regarding the delivery of meals during school closures related to COVID-19. This Q&A will provide schools and community partners clarification during this unique situation.
• Ensuring Access to the Child Nutrition Programs in the Event of School Closures is a fact sheet from Food Research & Action Center outlining model meal programs during school closures.
• No Kid Hungry Emergency Relief Grants Available—$1 million in emergency grants are available to support local efforts like home delivered meals, grab and go meals programs, school and community pantries, backpack programs, and other steps to help reach children and families who lose access to meals due to school closures related to COVID-19. If your school or organization needs funding to support these efforts, please submit your interest in receiving emergency grant funds.

3/13/20 Update:
NYS Education Department Guidance: “Operating Child Nutrition Programs when Schools are Closed due to COVID-19” encourages schools to prepare now to be able to continue to provide “critical support services” like school meals in the event of a school closure. Highlights include:

• School districts and sponsors in the Summer Food Service Program (SFSP) may provide reimbursable meals to low-income children during school closures related to COVID-19.
• To provide meals to children in areas affected by school closures, schools must complete a one page application and submit to CNCOVID@nysed.gov for review and approval, prior to commencing meal operations.
• Upon Child Nutrition’s approval of their application, schools may provide up to two meals per day per child through the SFSP or the Seamless Summer Option (SSO) of the National School Lunch Program.
• Meals may be provided and consumed at schools or other locations in the community or provided for consumption at home.
• This memo also includes a Q&A to clarify guidance for operating child nutrition programs when schools are closed due to COVID-19.

We encourage any school with questions to please contact your Child Nutrition Program Representative directly, or email CNCOVID@nysed.gov if you have additional questions or concerns.

Learn more about P-EBT here.

5/21/20 Update:
New York’s Pandemic-EBT Plan Approved

NYS OTDA FAQ on Pandemic-EBT

NYS OTDA Policy Memo on COVID-19 Pandemic EBT Food Benefits

New York’s plan to distribute Pandemic-Electronic Benefit Transfer (P-EBT) benefits has been approved by USDA. The program will provide benefits to approximately 2.1 million children across the state who have lost access to free or reduced-price school meals due to school closures. P-EBT is a crisis response nutrition program, that has been activated as a result of the COVID-19 pandemic.

Highlights from the plan include:

• All children who qualify for free or reduced-price school meals will receive Pandemic-EBT benefits, including those who attend school where all students receive free meals through the Community Eligibility Provision.
• Pandemic-EBT does not replace or affect eligibility for other nutrition programs; families can continue receiving emergency meals distributed by schools, SNAP, WIC, summer meals and/or meals in childcare in addition to Pandemic-EBT.
• Eligible families will receive a set amount of funds on an EBT card to purchase groceries at retailers that accept EBT Benefits. Visit fns.usda.gov/snap for more information on participating retailers and eligible food items.
• Benefit amounts will be $5.70 per child, for each day that school is closed due to the COVID-19 pandemic—equivalent to USDA’s daily reimbursement for free breakfast and lunch.
• Families do not need to apply to receive Pandemic-EBT. Benefits will be issued automatically on existing EBT cards for households already receiving SNAP, Public Assistance or Medicaid. New cards will be mailed to all other eligible households who currently do not have an EBT card.
• Distribution will be staggered, with families receiving benefits at different times over the next several months.

We are developing resources to help schools and community-based organizations share information with families about what to expect and how to use their Pandemic-EBT benefits. We will continue to send email updates, post updates to our website, and use Facebook and Twitter to share additional information as it becomes available.