CalFresh / SNAP

California Food Assistance Program overissuances

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The California Department of Social Services (CDSS) has issued guidance about new policies for overissuances in the California Food Assistance Program (CFAP).  CFAP provides state funded food benefits for certain non-citizens who are ineligible for CalFresh because of their immigration status.  Effective October 1, 2025, CFAP will expand to cover persons age 55 or older regardless of their immigration status.

Beginning October 1, 2025, for mixed households, that is, households with some members who receive CalFresh and other who receive CFAP, CalFresh and CFAP overissuances must be calculated, established, and collected separately from each other.  Counties must create separate recovery accounts, and must send separate overissuance notices for each program.  Counties must apply the current overissuance collection threshold to each claim.  Collection will be at the appropriate rate (5% or $10 for administrative errors, 10% for inadvertent household errors) for the CalFresh and CFAP claims individually.

Effective October 1, 2025, benefit reduction to collect an overissuance must correspond to the program.  CalFresh benefits will not be used to recoup a CFAP overissuance and visa versa.  If a household that has collection by benefit reduction changes from CalFresh to CFAP or visa versa, the household must sign a new repayment agreement to change the source of recoupment.

Effective October 1, 2025, counties must submit CFAP overissuances to the Franchise Tax Board for collection.  However, if the current or former CFAP household member does not have a Social Security Number or an Individual Taxpayer Identification Number (ITIN), counties do not submit the overissuance to the Franchise Tax Board.  (ACL 23-73, September 6, 2023.)

Full child support pass-through for former CalWORKs recipients child only CalWORKs cases

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The California Department of Social Services (CDSS) has issued guidance regarding full pass through of collected child support for CalWORKs recipients child only CalWORKs cases.

Effective January 1, 2024, or when automation is completed, whichever is later, all child support collected must be passed through to former recipients and to CalWORKs recipients where only the children receive benefits (known as K1 and 3F families).  Any pass through payments that cannot be delivered to former CalWORKs recipients for six months will be used to recoup CalWORKs paid to the former recipient.  The former recipient family can make a claim with the Local Child Support Agency for the recouped funds within 12 months of the payment being sent for recoupment.

Also effective January 1, 2024, or when automation is completed, all support payments received in child only CalWORKs cases do not count as income for purposes of CalWORKs eligibility.

Child support payments received by a CalFresh or California Food Assistance household, including child support pass through payments, are counted as unearned income when determining CalFresh eligibility and benefit amount.

Child support payments are considered unearned income of the child when determining eligibility for Supplemental Security Income and Cash Assistance Program for Immigrants.  Any unspent child support payments count as a resource for Supplemental Security Income and Cash Assistance Program for Immigrants.  (ACL 23-93, November 6, 2023, and ACL 23-93E, December 27, 2023.)

Changes to CalFresh Notices of Action

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The California Department of Social Services (CDSS) has issued changes to three CalFresh Notices of Action: the Notice of Approval (CF 377.1), the Notice of Denial or Pending Status (CF 377.1A), and the Notice of Change for Semi-Annual Reporting Households (CF 377.4 SAR).

All three forms have been revised to 1) add a budget, 2) an explanation of both CalFresh and the California Food Assistance Program (food benefits for certain non-citizens who are lawfully in the United States but are ineligible for CalFresh because of immigration status), 3) a non-discrimination statement, and 4) a new denial reason that the applicant is ineligible for both CalFresh and the California Food Assistance Program.  Applicants who are found to be ineligible for CalFresh must be evaluated for California Food Assistance Program eligibility before being denied.

The CF 377.1 and CF 377.4 SAR have been revised to add a statement of the amount of the household’s Income Reporting Threshold, that is, the income level above which income changes must be reported in between semi-annual report or annual recertification.

The CF 377.1 has been revised to include a list of eligible persons, a list of individuals found to be ineligible, and the reasons for their ineligibility.

Automation is expected within 12 months of the release of this letter, but no later than October 1, 2025.  Counties must begin using the new revised notices when automation is completed. (ACL 23-79, September 29, 2023.)

Changes to CalFresh Able Bodied Adults Without Dependents time limit policy

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California Department of Social Services (CDSS) has issued guidance regarding changes to the CalFresh Able Bodied Adults Without Dependents (ABAWD) time limit policy.  These changes implement the federal Fiscal Responsibility Act of 2023.

Under existing policy, CalFresh recipients age 18 to 49 who are able bodied, do not have dependent children, and do not meet the criteria for an exemption are limited to three months of benefits in a 36 month period unless the recipient meets the ABAWD work requirement, qualifies for an additional three months of benefits, receives a discretionary exemption, or lives in a county or an area that has a waiver.  Current federal law allows discretionary exemptions for 12 percent of the state annual CalFresh caseload.

The Fiscal Responsibility Act of 2023 increases the age of those subject to the ABAWD rules to 50 effective September 1, 2023, 52 effective October 1, 2023, and 54 effective October 1, 2024.

The Fiscal Responsibility Act of 2023 also adds exemptions for individuals experiencing homelessness, veterans, and foster youth age 24 or younger who were in foster care on their 18th birthday.  The new exemptions are effective September 1, 2023.

The Fiscal Responsibility Act of 2023 reduces the number of discretionary from 12 percent of the caseload, to eight percent of the caseload.

Beginning September 1, 2023, the new exemptions must be applied at initial certification, recertification, and mid-period if a voluntary reports information that qualifies for one of the new exemptions.  Counties must screen for and document ABAWD time limit exemptions in the case file.

Verification of ABAWD exemptions is only required when information is questionable.  The county must support households in obtaining verification and must accept any reasonable documentary evidence provided by the household.

California currently has a statewide ABAWD time limit waiver through October 31, 2024.  However, counties must continue to identify ABAWDs, screen for exemptions, inform households of the ABAWD rules, provide the CalFresh Informational Notice, and track ABAWD data.  (ACL 23-80, September 21, 2023.)

Changes to CalFresh electronic theft replacement policy

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California Department of Social Services (CDSS) has issued guidance regarding changes to the CalFresh electronic theft replacement policy.  These changes are effective December 1, 2023.

CalFresh recipients are no longer required to report electronic theft to EBT Customer Service or the county within 10 days of the theft.  CalFresh recipients must file the EBT 2259 Report of Electronic Theft form with the county within 90 calendar days of the theft.  CalFresh recipients who had there benefits electronically stolen by scamming, that is, by getting tricked into disclosing their PIN, no longer need to also complete the EBT 2259A form.

The county or EBT Customer Service must immediately deactivate and replace an EBT card when the household reports theft.

CalFresh recipients who lose benefits to electronic theft can receive up to two months of replacement benefits for each countable replacement of electronic theft.  A countable replacement is each overall sequence of electronic theft transactions, regardless of how many transactions are involved.

A household can only receive two instances of electronic theft replacement each fiscal year (October 1 to September 30).  Replacements prior to December 1, 2023 do not count toward this limit.

The county has 10 business days from receipt of the EBT 2259 form to process the claim.

Automation of electronic theft claims, including availability of the EBT 2259 form on BenefitsCal, is expected by March 2024.

CalFresh recipients may be eligible for retroactive replacement of CalFresh benefits electronically stolen between October 1, 2022 and November 30, 2023.  To file a retroactive claim, CalFresh recipients must complete the revised EBT 2259 form no later than February 29, 2024.  Retroactive replacements are available if the cardholder was denied replacement benefits for not meeting the previous 10 day filing requirement, the cardholder only got one month of replacement benefits, but more than one month of benefits was electronically stolen, or the cardholder did not previously file an EBT 2259 form.  Retroactive claims are subject to the to countable replacements per fiscal year limit.

The county has 30 days to process retroactive claims and issue replacement benefits.  The county cannot require issuing a replacement EBT card.

Counties can no longer deny replacement benefits based on the dollar amount of a claim or the number of previous claims.  Counties must consider all facts of a claim to determine if an investigation is appropriate.  Counties can no longer delay replacement of benefits unless the county believes the claim itself to be fraudulent.  If the investigation determines that the claim is fraudulent, the county can pursue appropriate administrative or criminal actions.

(ACL 23-92, November 6, 2023.)

Treatment of income from Guaranteed Income Pilot Programs for various program

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Payments issued under the State Funded Guaranteed Income (GI) Pilot Program are exempt from being considered income and resource for various state and local benefit and assistance programs. There are seven pilot programs to support former foster youth and or pregnant individuals. This CDSS guidance only applies to State Funded Guaranteed Income (GI) Pilot Programs.

Cal Fresh: GI payments will not count as income but may count as resources.

Housing and Urban Development (HUD): HUD denied a waiver that would exempt payments from determinations. HUD did provide a list of options that may exempt GI.

Medical and Children’s Health Insurance Program: The federal government gave approval to disregard payments from a California pilot GI project as income for 12 months for Non-Magi eligibility. Medi-Cal will no longer count resources as an eligibility determination as of January 1,2024. Former foster youth are eligible for Medi-Cal regardless of income.

Refugee Cash Assistance: GI payments will not count as income or resources.

Tribal Temporary Assistance for Needy Families: The Administration of Children and Families may approve a GI exemption for individual’s tribes through an amendment to a tribes Tribal Family Assistance Plan

Women Infants and Children (WIC): If the person is currently enrolled in Medi-Cal, CalWORKs or Cal Fresh no income assessment is needed because participants in those programs are categorically eligible for WIC. If a WIC recipient is not enrolled in one of those programs, GI income may impact eligibility.

GI payments are exempt from all state benefit or assistance programs. This includes but is not limited to Assistance Dog Special Allowance, CalWORKs, Cash Assistance Programs for Immigrants, Trafficking and Crime Assistance Programs (TCVAP), California Food Assistance Program, and Childcare and Development Programs.

GI payments received under the pilot program cannot consider income or resources for any local befit or assistance program. This includes but is not limited to. General Assistance and General Relief (GA/GR).  (ACWDL, July 21, 2023.)