Yearly Archives: 2018

Transitional Nutrition Benefit Program

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Transitional Nutrition Benefit Program

The California Department of Social Services has issued instructions implementing the Transitional Nutrition Benefit (SNB) Program.  TNB is part of the end of SSI cash-out.  As a result of eligibility of previously excluded SSI/SSP recipients, some households will have their CalFresh terminated.  TNB will provide state-funded nutrition benefits for households that include at least one SSI/SSP recipient and will become ineligible for CalFresh benefits when the SSI/SSP recipient is added to the household. A household that becomes ineligible for CalFresh for any other reason is not eligible for TNB.

TNB eligibility is determined on the effective date of the addition of the SSI/SSP recipient to the CalFresh household.

Households will be certified for TNB for one 12-month period, and then may be recertified for additional six month periods.

Transitional CalFresh recipients may be eligible for TNB if their benefits are terminated by adding a previously excluded SSI/SSP recipient to the household.

Pending CalFresh applications with a beginning date of aid in the month prior to the implementation date of CalFresh eligibility for SSI/SSP recipients can be eligible for TNB.

TNB eligibility will continue as long as the household continues to include at least one of the previously excluded SSI/SSP recipients, the same individual continues to receive SSI/SSP and the household is ineligible for CalFresh.  When TNB is terminated it cannot be reestablished except for when documentation required for redetermination is provided within 30 days of the discontinuance.

Counties are not required to act on information received during the TNB certification period except for the household being granted CalFresh.

Form notices for the TNB program are attached to ACL 18-107.

Because TNB are nutrition benefits, they are not considered income for purposes of other means-tested programs.

TNB are subject to intercounty transfer policies and procedures. (ACL 18-92, July 31, 2018.)

Supplemental Nutrition Benefit Program

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The California Department of Social Services has issued instructions implementing the Supplemental Nutrition Benefit (SNB) Program.  SNB is part of the end of SSI cash-out.  As a result of eligibility of previously excluded SSI/SSP recipients, some households will have their CalFresh reduced.  SNB will provide state-funded nutrition benefits for households that include at least one SSI/SSP recipient and will have their CalFresh benefits reduced when the SSI/SSP recipient is added to the household to compensate for this CalFresh benefit reduction.

SNB eligibility is determined on the effective date of the addition of the SSI/SSP recipient to the CalFresh household.

SNB eligibility will remain linked to the household.  The exception is SNB eligibility transfers to a new household for a domestic violence survivor who creates a separate household.

Transitional CalFresh recipients may be eligibile for SNB if their benefits are reduced by adding a previously excluded SSI/SSP recipient to the household.

Pending CalFresh applications with a beginning date of aid in the month prior to the implementation date of CalFresh eligibility for SSI/SSP recipients can be eligible for SNB.

SNB eligibility will continue as long as the household continues to receive CalFresh and the at least one of the previously excluded SSI/SSP recipients remains in the household.

SNB eligibility will be redetermined at the household’s CalFresh recertification. Counties must give separate notices of action regarding the SNB program.  Form notices for the SNB program are attached to ACL 18-108.

Because SNB are nutrition benefits, they are not considered income for purposes of other means-tested programs. (ACL 18-91, July 31, 2018.)

The end of SSI cash-out

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The California Department of Social Services has issued instructions implementing the end of SSI cash-out.  SSI/SSP recipients are ineligible for CalFresh.  Instead, SSI/SSP recipients receive an extra $10 per month in SSP benefits.  AB 1811 Sections 38-41 end the SSI cash-out.  When implemented, this change will make SSI/SSP recipients eligible for CalFresh. The change will be implemented on June 1, 2019.  If automation cannot be completed implementation can be delayed until August 1, 2019. Newly eligible households, that is new applicants in which all members are SSI/SSP recipients, will be eligible for CalFresh as of the implementation date.  If a newly-eligible SSI/SSP only household submits an application within the calendar month prior to implementation, the county must process the application but will not issue benefits until the implementation date.

SSI/SSP recipients in ongoing households will be eligible for CalFresh at the household’s next periodic report, annual recertification, or when voluntarily requested by the household.  A new application will not be required to add an SSI/SSP recipient to an ongoing household.

Grants under the Cash Assistance Program for Immigrants increase by $10 per individual and $20 per couple.  SSI/SSP recipients will be eligible for the Food Distribution Program on Indian Reservations.

All SSI/SSP recipients will be considered elderly and/or disabled household members for CalFresh purposes.

Income, resources and deductions of the SSI/SSP recipient will be considered when determining CalFresh eligibility.  Households in which all members of household receive SSI/SSP will be considered categorically eligible for CalFresh. This means that no additional verification is needed for resources, gross or net income, Social Security Number, sponsored immigrant information or residency.

Households will not be required to report termination of SSI/SSP mid-period.  However, if termination of SSI/SSP becomes known to the county it must take action mid-period.

Transitional CalFresh cases will be treated like other ongoing CalFresh cases.

Counties must provide reasonable accommodations for the disabilities of newly eligible SSI/SSP recipients. (ACL 18-90, July 31, 2018)

CalFresh Reinstatement of Benefits

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The California Department of Social Services (CDSS) has issued instructions regarding the approved extension of Food and Nutritional Services (FNS) waiver 2090046 which allows a household participating in CalFresh that has become ineligible for failure to complete semi-annual reporting or annual recertification to be made eligible again by remedying the problem within 30 days.

This extension continues current policy to reinstate the eligibility of a Non-Assistance CalFresh (NACF) household that becomes ineligible for benefits for failure to complete semi-annual report (SAR 7) or annual recertification. Reinstatement is dependent on the household providing the missing report within 30 days of the effective date of ineligibility. Then, the county will reinstate the household for the remaining months of the certification period if the household still meets all eligibility requirements.  Benefits will be prorated beginning on the date the household takes the required action.

The waiver extension beings on July 1, 2018 and ends on June 30, 2019.

The conditions for the waiver are:

  • The household’s case must be in closed status;
  • Reinstatement depends on the applicant providing the required report, information, or verification within 30 days of the date of ineligibility;
  • The household has at least one month remaining in the certification period after the effective date of ineligibility;
  • The household must fully resolve the reason for the case closure and reestablish eligibility;
  • The household must still be eligible for benefits for the remaining months of the reinstatement period;
  • Benefits for the initial month of reinstatement must be prorated from the date household performed the required action; and
  • The county must retain the established recertification period.

(ACL 18-96, August 9, 2018.)

New Treasury Offset Program Pre-Offset Warning Notices

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The California Department of Social Services has issued updated Treasury Offset Program (TOP) and Franchise Tax Board pre-offset warning letters.  These letters give notice of submission of a CalFresh overissuance debt to TOP and to the Franchise Tax Board.  TOP offsets federal debts, including CalFresh overissuances, from federal payments, including federal income tax refunds.  A pre-offset warning letter is a required step in the tax intercept process.

The updated letter states that clients can request a county administrative review of the debt submitted to the TOP.  If the client disagrees with the result of the county administrative review, the client can request a federal review within 30 days of the outcome of the county review.  The letter remove reference the right to a state administrative hearing.

The letter states that additional guidance on debtor’s rights will be issued in a separate All County Letter.

The letter states that the new TOP and Franchise Tax Board pre-offset warning notices will be accompanied by a multi-language insert.  (ACL 18-66, July 16, 2018.)

CalWORKs underpayments versus supplemental payments

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The  California Department of Social Services has issued instructions about CalWORKs underpayments and supplemental payments.

An underpayment occurs when the applicant or recipient receives less than the amount of aid they are entitled to in any given month.  Counties must take all reasonable steps to promptly correct underpayments.  Counties must correct underpayments for current recipients no later than the next annual redetermination or date of termination of benefits, whichever is earlier.  For reapplications and requests for restoration of aid, counties must correct underpayments within 60 days of the date aid is granted.  In all other cases, counties must correct underpayments within 60 days of a request for review.

Underpayments do not occur when the client does not voluntarily report a mid-period change.

Counties can offset overpayments from underpayments.  However, prior to offsetting, the county must properly establish the overpayment and provide a notice of action to the client.

A supplemental payment is issued to a recipient for the current month when the county recalculates the grant for the current month because of a change in circumstances and determines a client is eligible for a larger payment than was issued.  Supplemental payments are not subject to offsetting with overpayments.  Mid-period supplemental payments from a voluntary mid-period report are not underpayments and are not subject to offsetting.

An overpayment is any amount paid that the assistance unit was not entitled to.  An overpayment does not occur when an applicant or recipient fails to perform an act that is a condition of eligibility for aid, the failure to act is caused by state agency or county error and the amount of aid would have been the same if the condition had been performed.

Counties cannot demand repayment of nonfraudlent overpayments that are less than $35 from persons no longer receiving aid.  Counties can demand repayment of nonfraudlent overpayments that are more than $35 from persons no longer receiving aid but no further collection efforts can be made if the county determines that the cost of collection is more than the amount to be recovered.  (ACIN I-45-18, July 19, 2018.)