CalFresh changes in federal reconciliation bill

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The California Department of Social Services (CDSS) has provided information about changes to the federal Supplemental Nutrition Assistance Program (SNAP, knows as CalFresh in California) as a result of H.R. 1, the federal budget reconciliation act.

The act restricts updates to the Thrifty Food plan amount (the food cost used to determine benefit amount) to no earlier than January 1, 2027, and any benefit increase must be cost neutral.  The act also caps benefits amounts for households with nine or more members to the equivalent of 200% of the federal poverty level for a family of four.

The act changes rules regarding Able Bodied Adults Without Dependants (ABAWDs).  When implemented, the ABAWD requirements will apply to persons age 18-64, limits the work requirement exemption for to households with a dependent child under age 14, eliminates the exceptions for former foster youth, veterans and homeless are repealed and adds a new exception for tribal members who are eligible for Indian Health Service services is added.  The threshold for a waiver of the ABAWD requirements will be raised to the unemployment for an area being over 10%, and ends waivers based on lack of sufficient jobs.  CDSS is waiting for additional guidance for implementation.

Internet expenses will no longer count toward the excess shelter deduction.  California had not yet implemented counting internet expenses toward the excess shelter deduction, so this change will not impact California policy.

California currently provides a $20.01 Low Income Home Energy Assistance (LIHEAP) payment to allow all households to claim the Standard Utility Allowance.  This option is called Heat and Eat.  The act prevents states from continuing Heat and Eat.  CDSS is waiting for additional guidance for implementation.

Effective October 1, 2027, states must pay a percentage of CalFresh benefit allotments on a sliding scale based on the state’s error rate.  States with an error rate below 6% will have zero match.  States with an error rate between 6% and 7.99% will have a 5% state match.  States with an error rate between 8% and 9.99% will have a 10% state match.  States with an error rate of 10% or higher will have a 15% state match.

States will be able to choose to use to use their error rate for fiscal year 2025 or 2026 to calculate their fiscal year 2028 match.  After that, states must use their error rate for the third fiscal year prior to determine their match percentage.

Effective October 1 2026, the federal portion of administrative costs will be reduced to 25%.

The act repeals the National Education and Obesity Prevention Grant Progam (SNAP-Ed).  As a result, the CalFresh Healthy Living program will end on September 30, 2025.

Most qualified immigrants will no longer eligible for CalFresh, including refugees, asylees, public interest parolees, battered noncitizens, trafficking victims, and others.  Exceptions are Cuban and Haitian Entrants, Lawful Permanent Residents and Compact of Free Association states citizens.  Financial resources of ineligible noncitizens in a CalFresh household will be included in eligibility and benefit determinations.  CDSS is waiting for additional guidance for implementation.  (ACL 25-50, July 14, 2025.)

CalFresh Timeliness Standards

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The California Department of Social Services has issued clarifications about CalFresh timelines. For initial applications, after an application is filed, County Welfare Department (CWD) must process the application as soon as possible, but in no later than in 30 calendar days. Households who qualify for Expedited Service will have their applications processed within three calendar days following their application. CalFresh benefits are considered available when the household has an active EBT card and PIN, and benefits have been posted to the household’s EBT account and are available for use.

Households eligible for expedited service are: Households with less than $150 in monthly gross income and liquid resources (cash, money in checking or savings accounts, saving certificates, and lump sum payments) that are less than $100; or migrant or seasonal farmworker households who are destitute provided their liquid resources do not exceed $100; or households whose combine monthly gross income and liquid resources are less than the household’s monthly rent or mortgage, and utilities

CalFresh households may choose to pick up their EBT card at the CWD office or have the EBT mailed to their mailing address.

For Annual Recertifications, eligible households can remain eligible for CalFresh if they file the recertification application by the 15th day of the last month of their expiring recertification period and complete all required actions.

Households should receive a Notice of Expiration of Certification before the first day of their last month of recertification.

The CWD will consider any application for recertification submitted on or before the 15th day of the final month of the certification period to be on time. Submissions past this date will be considered untimely, but CWDs must process all recertification applications, including those that are submitted late.

For periodic reports, households receiving benefits must complete the SAR 7 Eligibility Status Report (SAR 7) by the 5th of the submission month. The SAR 7 determines if the reported information affects the household’s eligibility and/or benefit level for the next payment period.

SAR 7s submitted between the 1st and 11th calendar day of the submit month are considered timely, but any SAR 7 received past the 11th calendar day of the submit month is considered untimely. In that case, households will receive a discontinuance notice from the CWD, effective the end of the submit month.

Before benefits are terminated, the CWD must attempt to make personal contact via telephone, text, or other electronic message with the household to remind them of the SAR 7 report and collect the necessary information for it.

If the SAR 7 is submitted by the end of the 1st business day after the SAR 7 was due, the county will restore aid. CWDs must make benefits available to households eligible for ES no later than the third calendar day following the date of the application.

If a household fails to provide the required information or verification and becomes ineligible for CalFresh, benefits may be reinstated if the household complies within 30 days of the effective date of ineligibility. This Restoration of Aid waiver lasts through June 30, 2027.

Households who have previously received CalFresh but are not currently receiving benefits must file a new application to receive benefits again. However, under this waiver, a recently discontinued household that provides a missing report (like the SAR 7), required verification, and/or other required information to re-establish eligibility may be reinstated when there is at least one month remaining in the certification period after the effective date of ineligibility.

For Mid-Period Reports, the CWD must act on information that would increase the household benefits and not act on information that would decrease the household’s benefits. If reported information is actionable, the CWD must take action on the case effective no later than the first allotment issued 10 days after the date the change was reported.  (ACIN I-35-25, July 11, 2025.)

Social Security use of occupational information in disability determinations and hearings

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Social Security can use Vocational Specialists (VS) and Vocational Experts (VE) as sources of job-related evidence.  Since 2000, SSR 00-4p required adjudicators to identify and explain any conflicts between VS and VE testimony and the Dictionary of Occupational Titles, and explain how any conflicts are resolved.

While Social Security continues to recognize the Dictionary of Occupational Titles as a valid and reliable source of information, it is not the only reliable source of information.  Other sources of occupational information that use the Standard Occupational Classification system such as U.S Bureau of Labor Statistics Occupational Employment and Wage Statistics, and the Occupational Requirements Survey.  VEs and VSs may use any reliable source of occupational information that is commonly used by vocational professionals.  Adjudicators must weigh the VE or VS evidence in the context of the overall record and determine whether it can support a conclusion about whether the claimant can perform their past relevant work, or whether the claimant can adjust to other work that exists in significant numbers in the national economy.

VSs and VEs must identify the sources of the data they use and explain their general approach to estimating job numbers.  The Dictionary of Occupational Titles uses a different classification system than the Standard Occupational Classification system.  VEs need to explain their general approach of how they compared the Dictionary of Occupational Titles data to the data about job numbers in the Occupational Employment and Wage Statistics. A more detailed inquiry into their sources of data or approaches is not usually required.

At the hearing level, when a claimant is represented, the representative must raise any relevant questions or challenges about the VEs testimony at the time of the hearing and to assist in developing the record through appropriate questioning of the VE.  If the VS or VE does not provide the expected information and explanation, the adjudication will usually need to develop the record with sufficient evidence to make a supported finding about whether the claimant can perform their past relevant work, or whether the claimant can adjust to other work that exists in significant numbers in the national economy.

SSR 00-04p is rescinded.  (SSR 24-3p, January 6, 2025.)

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CalWORKs Child Care Program Extended to 24 Months

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The California Department of Social Services has released new guidance for the extension of CalWORKs Child Care eligibility from 12 months to 24 months.

Families enrolled in CalWORKs Child Care program after January 1, 2025 will receive child care services for a minimum of 24 months unless they meet the following exceptions:

  • The family is certified as income eligible voluntarily reports an income that exceeds the threshold for ongoing eligibility
  • The family no longer meets the residency requirements.
  • The family has abandoned care and the contractor issues a Notice of Action to disenroll the family.

Currently enrolled families will complete their 12 month eligibility cycle and will be recertified for an additional 24 months at the time of their next recertification, or until they become ineligible. Families who received a 12 month certification between January 1, 2025 and July 1, 2025 must be granted an additional 12 months of eligibility, provided they continue to meet eligibility requirements.

Families participating in the CalWORKs Family Reunification (FR) will receive FR services for up to six months or for a time period based on the Child Welfare Services (CWS) reunification plan or court order. Participants may be authorized for an additional six months of child care if their CalWORKs FR plan is extended. Once the child is reunified with the family of origin and the family is recertified with CalWORKs, child care services may be authorized for up to 24 months.

Stage One Child Care authorization may be discontinued for the following reasons:

  • The participant is transferred from Stage One to Stage Two.
  • The participant exceeds income eligibility of 85% of the state’s median income based on family size.
  • If an exempt participant initially volunteers to participate and does not sign a Welfare to Work plan to participate in welfare to work activities but later decides not to volunteer to participate.

Immediate and continuous eligibility for child care is the concurrent approval of CalWORKs cash aid and authorization for full-time CalWORKs Stage One Child Care services child care is authorized as full-time unless the recipient specifically requests part-time care.

Full-time CalWORKs Stage One Child Care services child care is authorized as full time unless the recipient requests part-time care. Part-time child care is fewer than 25 hours per week, and full-time care is 25 or more hours per week. Stage One Child Care begins when child care authorization is provided or the first day child care is used, whichever date is later.

CalWORKs Child Care participants will be transitioned from Stage One to Stage Two, or from Stage Two to Stage Three after an assessment of each participant’s continued eligibility. Stage One Child Care recipients do not have to recertify their child care more than once every 24-months unless: they have increased child care needs, they have a new child who needs care, they have changed child care providers, or the eligible child becomes ineligible. Participants in Stage One will receive services until child care is provided in Stages Two or Three, or unless the family is otherwise ineligible. Child care will be authorized in 24-month intervals.

Children from infancy to 13 years of age are eligible for child care and development programs. Children who are 12 years old when certified can only receive services for a maximum of 12-months after certification, even after they turn 13 years old. Children beyond 13 years of age are generally ineligible for subsidized child care services with exceptions for individuals with great needs or severe disabilities.

These changes to the CalWORKs Child Care program will be implemented by July 1, 2025. Families who were awarded 12 months of child care between January 1, 2025 and July 1, 2025 will be eligible for an additional 12 months of child care.  Until automation is completed, counties must authorize the second 12 months of child care manually. (CCB 25-15, June 9, 2025.)

Kin-GAP and NRLG eligibility

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The California Department of Social Services (CDSS) issued guidance regarding eligibility for Kin-GAP and Nonrelated Legal Guardian (NRLG) payment programs.

Kin-GAP is funding to relative guardians on behalf of children placed in their care after dependency or wardship is terminated.  General Kin-GAP requires that 1) the child is removed from their home by a voluntary placement agreement or judicial order; 2) the child has resided in the approved home of the prospective relative guardian while under a voluntary placement agreement or under the jurisdiction of the juvenile court for at least six consecutive months; 3) the prospective relative guardian and the county enter into a written agreement; 4) a kinship guardianship is established under Welfare and Institutions Code sections 380, 366.26 or 728(d) before the child turns 18, and 5) dependency jurisdiction is terminated.

Federal Kin-GAP also requires: 1) the child must have been determined eligible for Aid to Families with Dependent Children-Foster Care; 2) the child has been living in the approved home of the relative guardian for at least six month; and 3) the negotiated agreement must be signed before the guardianship order is issued.

Siblings placed with the same relative guardian in a kinship guardian arrangement may also be eligible for federal Kin-GAP.

State Kin-GAP also requires that the child was not eligible for Aid to Families with Dependent Children-Foster Care while placed with the prospective relative guardian, and the child has been residing for at least six consecutive months in the approved home of the prospective relative guardian.

A child who is placed in a home that is approved by an Indian child’s tribe or tribal organization designated by the tribe is eligible for Kin-GAP.

Kin-GAP payments can continue after the youth is between 18 and 21 years of age (extended Kin-GAP) if payments begin on or after the youth’s 16th birthday, and the youth is: 1) is completing secondary education or a programs leading to an equivalent credential; 2) enrolled in a postsecondary or vocational education institution; 3) participating in a program designed to remove barriers to employment; 4) employed for at least 80 hours per month; or 5) the youth is incapable of doing any of these activities because of a medical condition.

If the child is not eligible for extended Kin-GAP and the child does not have a disability warranting continuation of payments, the child may be eligible for benefits until age 19 or until high school graduation, whichever is sooner.

A nonminor former dependent or ward of the juvenile court who was eligible for and received at least one extended Kin-GAP payment or Social Security payment after age 18, and the guardian has stopped providing support, had died, or is no longer receiving benefits may try to re-enter extended foster care.

The agency that had jurisdiction of the child is responsible for paying Kin-GAP regardless of where the child or youth resides, including when the child or youth leaves California.

If the guardian moves to California from another state, the other states remains responsible for payment.

Kin-GAP payments can be suspended when: 1) the guardian does not complete the KG 2 form; 2) the guardian is no longer providing support and care to the child or youth; 3) the youth is no longer completing one of the extended Kin-GAP requirements, or 4) the child or youth is incarcerated and wardship is established.

Some counties have specialized care programs for exceptional health or behavioral needs.

A guardian can receive reimbursement for nonrecurring expenses associated with obtaining legal guardianship not the exceed $2,000.

If a current guardian dies or incapacitated and a successor guardian was named in the agreement, the child will continue to be eligible for federal Kin-GAP.  For state Kin-GAP, an alternative guardian who is also a kinship guardian is eligible for Kin-GAP.

When a child exits foster care to permanency through guardianship with a nonrelated legal guardian, nonrelated legal guardian payments may be available to support permanency for the child.  Children plated with nonrelated legal guardians through the juvenile court are eligible for state AFDC-FC.

A nonrelated legal guardian who has a guardianship order from another state may be eligible for AFDC-FC by either obtaining a California guardianship or registering an out of state guardian ship order in a California court.  (ACL 25-39, June 2, 2025.)