SSN Policy Manual

Dealing with State and County Agencies

School Free Lunch Programs School ''free lunch" programs are subsidized by the United States Department of Agriculture. As an expectation of receiving federal money, the schools are asked to obtain a social security number from each participant. If the child does not have a social security number, the school will give the parents a Form SSA-5, Applicationfor Social Security Card and tell them that they must provide a social security number for participation in the program. They base their assertion on 42 USC § 1758: 42 USC 51758 School Lunch Programs - Program requirements (1) The Secretary shall require as a condition of eligibility for receipt of free or reduced price lunches that the member of the household who executes the application furnish the Social Security account number of the parent ... However the regulations implementing these lunch programs assert a different requirement: 7 CFR §1 .A23 Specific exemptions. ... Sec. 6 Social security account numbers. (a) No agency shall deny, or permit any State or local government with whom it is involved in a cooperative venture to deny, to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his or her social security account number. (b) Paragraph (a) of this section shall not apply with respect to: (1) Any disclosure required by Federal statute; or (2) Any disclosure to any agency relating to a system of records it maintained prior to January 1, 1975, if such disclosure was required under statute or regulation adopted prior to that date, to verify the identity of an individual. (c) Any agency in the Department which requests an individual to disclose his or her social security account number shall inform that individual whether the disclosure is mandatory or voluntary, by what statutory or other authority the number is solicited, and what uses will be made of it. The agency shall also insure that this information is provided by a State or local government with whom it is involved in a cooperative agreement. ... There no requirement that the parents have or obtain a social security number: 7 CFR 9226.23 Free and reduced-price meals. ... (C) The social security number of the adult household member who signs the application, or an indication that helshe does not possess a social security number; . .. 7 CFR 9245.6a Verification requirements. ... eligibility for free or reduced price meals. These households shall be advised of the type or types of information andlor documents acceptable to the school. This information must include a social security number for each adult household member or an indication that such member does not have one. .. . No where in the regulation is there a requirement for the child to obtain a social security number. Additionally the regulations provide for "an indication that such member does not have one" if parent does not a social security number.