37 U.S.C. § 402a : US Code - Section 402A: Supplemental subsistence allowance for low-income members with dependents

Search 37 U.S.C. § 402a : US Code - Section 402A: Supplemental subsistence allowance for low-income members with dependents

(a) Supplemental Allowance Required. - (1) The Secretary
concerned shall increase the basic allowance for subsistence to
which a member of the armed forces described in subsection (b) is
otherwise entitled under section 402 of this title by an amount (in
this section referred to as the "supplemental subsistence
allowance") designed to remove the member's household from
eligibility for benefits under the food stamp program.
(2) The supplemental subsistence allowance may not exceed $500
per month. In establishing the amount of the supplemental
subsistence allowance to be paid an eligible member under this
paragraph, the Secretary shall take into consideration the amount
of the basic allowance for housing that the member receives under
section 403 of this title or would otherwise receive under such
section, in the case of a member who is not entitled to that
allowance as a result of assignment to quarters of the United
States or a housing facility under the jurisdiction of a uniformed
service.
(3) In the case of a member described in subsection (b) who
establishes to the satisfaction of the Secretary concerned that the
allotment of the member's household under the food stamp program,
calculated in the absence of the supplemental subsistence
allowance, would exceed the amount established by the Secretary
concerned under paragraph (2), the amount of the supplemental
subsistence allowance for the member shall be equal to the lesser
of the following:
(A) The value of that allotment.
(B) $500.
(b) Members Entitled to Allowance. - (1) Subject to subsection
(d), a member of the armed forces with dependents is entitled to
receive the supplemental subsistence allowance if the Secretary
concerned determines that the member's income, together with the
income of the rest of the member's household (if any), is within
the highest income standard of eligibility, as then in effect under
section 5(c) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)) and
without regard to paragraph (1) of such section, for participation
in the food stamp program.
(2) In determining whether a member meets the eligibility
criteria under paragraph (1), the Secretary concerned shall take
into consideration the amount of the basic allowance for housing
that the member receives under section 403 of this title or would
otherwise receive under such section, in the case of a member who
is not entitled to that allowance as a result of assignment to
quarters of the United States or a housing facility under the
jurisdiction of a uniformed service.
(3) In determining whether a member meets the eligibility
criteria under paragraph (1), the Secretary concerned shall not
take into consideration -
(A) the amount of the supplemental subsistence allowance that
is payable under this section;
(B) the amount of any special pay that is payable to the member
under section 310 of this section,(!1) relating to duty subject
to hostile fire or imminent danger; or
(C) the amount of any family separation allowance that is
payable to the member under section 427 of this title.
(c) Application for Allowance. - To request the supplemental
subsistence allowance, a member shall submit an application to the
Secretary concerned in such form and containing such information as
the Secretary concerned may prescribe. A member applying for the
supplemental subsistence allowance shall furnish such evidence
regarding the member's satisfaction of the eligibility criteria
under subsection (b) as the Secretary concerned may require.
(d) Effective Period. - The entitlement of a member to receive
the supplemental subsistence allowance terminates upon the
occurrence of any of the following events, even though the member
continues to meet the eligibility criteria described in subsection
(b):
(1) Payment of the supplemental subsistence allowance for 12
consecutive months.
(2) Promotion of the member to a higher grade.
(3) Transfer of the member in a permanent change of station.
(e) Reapplication. - Upon the termination of the effective period
of the supplemental subsistence allowance for a member, or in
anticipation of the imminent termination of the allowance, a member
may reapply for the allowance under subsection (c), and the
Secretary concerned shall approve the application and resume
payment of the allowance to the member, if the member continues to
meet, or once again meets, the eligibility criteria described in
subsection (b).
(f) Reporting Requirement. - Not later than March 1 of each year
after 2001, the Secretary of Defense shall submit to Congress a
report specifying the number of members of the armed forces who
received, at any time during the preceding year, the supplemental
subsistence allowance. In preparing the report, the Secretary of
Defense shall consult with the Secretary of Homeland Security, with
respect to the Coast Guard.
(g) Eligibility for Other Federal Assistance. - (1) A child or
spouse of a member of the armed forces receiving the supplemental
subsistence allowance under this section who, except on account of
the receipt of such allowance, would be eligible to receive a
benefit described in paragraph (2) shall be considered to be
eligible for that benefit notwithstanding the receipt of such
allowance.
(2) The benefits referred to in paragraph (1) are as follows:
(A) Assistance provided under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
(B) Assistance provided under the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.).
(C) A service provided under the Head Start Act (42 U.S.C. 9831
et seq.).
(D) Assistance under the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.).
(3) A household that includes a member of the armed forces
receiving the supplemental subsistence allowance under this section
and that, except on account of the receipt of such allowance, would
be eligible to receive a benefit under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered
to be eligible for that benefit notwithstanding the receipt of such
allowance.
(h) Definitions. - In this section:
(1) The term "Secretary concerned" means -
(A) the Secretary of Defense; and
(B) the Secretary of Homeland Security, with respect to the
Coast Guard when it is not operating as a service in the Navy.
(2) The terms "allotment" and "household" have the meanings
given those terms in section 3 of the Food Stamp Act of 1977 (7
U.S.C. 2012).
(3) The term "food stamp program" means the program established
pursuant to section 4 of the Food Stamp Act of 1977 (7 U.S.C.
2013).