CDSS has provided implementing instructions for changes to federal regulations at 7 C.F.R. § 273.12(c)(3) regarding processing of unclear information received during the certification period. Unclear information is information about a household’s circumstances from which the county cannot readily determine the impact on the household’s continued eligibility or benefit amount. Information is considered unclear if the county needs additional information to act on the change appropriately. If the county does not need additional information to act on the change, the information is not considered to be unclear.
The new rules about unclear information apply to information received during the certification period from a third party that indicates a household may not have made a required mid-period report. California requires mid-period reporting of income over the Income Reporting Threshold and a drop in hours worked by an Able-Bodied Adult Without Dependents (ABAWD) to under 20 hours per week.
If the information received during the certification period is unclear and is less than 60 days old relative to the first day of the month in which the information was received, and indicates the household missed a required report, the county must issue a request for verification to the household. The county must use the CW 2200 form for this request. The form must inform households that they have 10 days from the date of the form to respond.
If the household responds within 10 days by providing sufficient information, the county must act accordingly to determine continuing eligibility. If the household does not respond or responds but refuses to provide sufficient information by the specified date, a discontinuance notice is sent to the household. Note that there must be refusal to provide the requested information to justify termination of benefits. Failure to provide information is not a basis for adverse action. Federal regulation defines refusal as “the household must be able to cooperate, but clearly demonstrate that it will not take actions that it can take and that are required. (7 C.F.R. § 273.2(d), see also MPP § 63-505.12.)
If the information is unclear, is more than 60 days old relative to the first day of the month in which the information was received, and does not indicate the household missed a required report, the county is not required to immediately follow-up on the information and instead will hold the information until the next SAR or recertification.
If the county receives unclear information from the Nationwide Prisoner Match or Deceased Persons Match the county must request additional information from the household regardless of the age of the information. The county must use the CW 2200 form to request additional information. If the household does not respond or responds but refuses to provide sufficient information, the county shall act on the change by removing the individual from the household and adjusting benefits accordingly.
CDSS will update its CalFresh reporting regulations as soon as administratively feasible. (ACL 18-20, February 28, 2018.)