Yearly Archives: 2019

IHSS Provider Enrollment

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The California Department of Social Services (CDSS) has issued a reminder to counties that applicants to be In Home Supportive Services (IHSS) providers have 90 calendar days to complete all enrollment requirements.  The 90 day period begins either when the prospective provider completes one enrollment requirement or when a recipient designates in writing the individual as their provider.

An applicant to be an IHSS provider is ineligible if they do not complete all enrollment requirements within 90 calendar days of starting the enrollment process.  However, the county can extend the period to complete the enrollment process by 45 calendar days for good cause.

If a prospective provider begins providing authorized services for an eligible recipient before they are determined eligible to be enrolled as a provider, they may be eligible to be paid back to the date of application.  (ACIN I-30-19, May 22, 2019.)

Child support transportation service and education and outreach

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The California Department of Child Support Services (DCSS) has issued policy regarding transportation and education and outreach.  This policy implements sections of the new federal child support regulations that became effective on December 20, 2016.

The new federal regulations at 45 CFR Section 304.20(b)(3)(v) authorize providing transportation assistance such as bus fare or taxi reimbursement for participation in the establishment of and enforcement of child support orders.  DCSS policy is that each local child support agency may, at its discretion, provide minor transportation assistance costs.

The new federal regulations at 45 CFR Section 304.20(b)(12) also authorize education and outreach activities intended to inform the public, parents, family members and young people who are not yet parents about the child support program, responsible parenting, family budgeting and other financial responsibilities when parents are not living together.  DCSS policy is that local child support agencies may conduct education and outreach activities.  (CSSP Letter 19-05, June 4, 2019.)

Revisions to CAPI forms SOC 804 and SOC 813

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This ACIN has been superceeded by ACIN I-61-20, summarized here.

The California Department of Social Services (CDSS) has issued a revised versions of the SOC 804 and SOC 813 for the CAPI program.

The SOC 804 is the annual redetermination form.  Redetermination is done every 12 months and any time that the county becomes aware of a changes in the recipient’s circumstances.  Changes to the form include requiring an answer for the claimant’s preferred language, adding the question “Are you a victim of abuse” and adding questions to facilitate referrals for In Home Supportive Services.

The SOC 813 is the form for a determination of a request for the indigence exception to sponsor deeming.  In general, the income of a sponsor is deemed to the claimant for 10 years, regardless of whether the sponsor is actually providing support.  In some situations, a CAPI applicant or recipient who is not being supported by their sponsor and who therefore is unable to obtain both food and shelter, can have sponsor deeming suspended for 12 months.

The new Living Arrangements section of the form asks about whether the claimant receives food and shelter.  The indigence exception can apply if the claimant is unable to obtain both food and shelter.  In describing this section of the form, CDSS states as a matter of policy that someone who receives CalFresh benefits can obtain food and therefore is ineligible for the indigence exception.  The form also states that Section 8 housing assistance and other government housing subsidies are to be included in calculating cash and in kind contributions from others in determining eligibility for the indigence exception to sponsor deeming.  (ACIN I-34-19, May 16, 2019.)

CAPI end of social security number requirement for PRUCOL

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The California Department of Social Services (CDSS) has issued a new SOC 814 Statement of Facts that includes ending the requirement for persons who are permanent residence under color of law (PRUCOL) to provide a Social Security Number as a condition of CAPI eligibility.  The change to the SOC 814 reflects CDSS’s policy change that persons who are PRUCOL are no longer required to have a Social Security Number as a condition of eligibility for CAPI.  All other CAPI applicants must have a Social Security Number.

CDSS made several other changes to the SOC 814 including adding an opt-in box to communicate by text messaging, changes to the sexual orientation and gender identity information questions and changing the language preference question to require an answer.

The revised SOC 814 also now includes the question “Are you a victim of abuse?”  CDSS directs counties to always refer the case to Adult Protective Services if the answer is yes, and that a yes answer should notify the county that the abuse exception to sponsor deeming might apply.  (ACIN I-35-19, May 16, 2019.)

CalFresh eligibility for residents of institutions

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The California Department of Social Services (CDSS) has issued guidance regarding CalFresh eligibility for residents of institutions.  A resident of an institution is an individual who provided over 50 percent of three meals daily at the institution as part of the institution’s normal services.  The following individuals are not considered residents of institutions: residents of federally subsidized housing for the elderly, residents of a drug and alcohol (DAA) rehabilitation center for regular participation in a drug or alcohol treatment program, residents of a group living arrangement who are disabled or blind, temporary residents of a shelter for battered persons and residents of public or private-nonprofit shelters for homeless persons.

For CalFresh purposes, a DAA treatment center must be operating under Title 19 Part B of the Public Health Services Act or be authorized by the Food and Nutrition Service as a retailer.  DAA treatment centers cannot require residents to apply for CalFresh.  If a resident voluntarily applies for CalFresh, they must apply through an Authorized Representative who is employed by and designated by the DAA treatment center.  The DAA treatment center can require residents to use an Authorized Representative employed by the DAA treatment center for receiving and using benefits.

When a household leaves the DAA treatment center, the DAA treatment center must 1) notify the county, provide the household with a change report and advise the household to return the change report to the county within 10 days; 2) provide the household with its EBT card and 3) return household benefits.  If benefits have already been spent on the household and the household leaves prior to the 16th of the month, the DAA must return at least one-half of the monthly allotment.  If the household leaves after the 16th of the month, the remaining portion of the benefits must be returned to the household.

The DAA treatment center is responsible for any, overissuances, losses or misuse of benefits, misrepresentation of facts or intentional program violations.  The resident is held harmless for these overissuances.

Sober living environments cannot be considered a DAA treatment center for CalFresh purposes because no state agency licenses them.  Sober living environments can be authorized by the Food and Nutrition Service as a retailer.

A group living arrangement is a public or private-nonprofit residential home for disabled or blind persons that served no more than 16 residents.  A group living arrangement must be certified by CDSS.  Residents of group living arrangements must be blind or disabled to be eligible for CalFresh.  Residents of private for-profit group living arrangements are ineligible for CalFresh.

If an employee designated by the group living arrangement is acting as an Authorized Representative for the purpose of receiving and using benefits, the group living arrangement may purchase and prepare food to be consumed by CalFresh recipients on a group basis if residents normally obtain their meals at a central location or meals are prepared at a central location for delivery to residents.

If a household leaves the group living arrangement and no benefits have been spent on the behalf of the household for that month, the group living arrangement must return the full monthly allotment.  If the household leaves prior to the 16th of the month and benefits, the group living arrangement must return one-half of the benefit allotment.  If only one member of the household leaves, the group living arrangement must return a pro rata share to the individual who is leaving.  If the household leaves after the 16th of the month and benefits have already been spent on behalf of the household, the household does not receive any benefits for the remainder of the month.

When the group living arrangement is the authorized representative, it is responsible for any, overissuances, losses or misuse of benefits, misrepresentation of facts or intentional program violations and the resident is held harmless.

Persons who reside in shelters for battered persons that are public or private-nonprofits or are authorized by the Food and Nutrition Service, and which are residential facilities that serve meals are eligible for CalFresh.  The Food and Nutrition Service can provide point of sale devices to shelters for battered persons.

A shelter for homeless persons is a public or private-nonprofit facility that temporarily houses homeless persons.  Shelter for the homeless may be a homeless meal provider to accept CalFresh benefits.  Homeless meal providers must be authorized by the Food and Nutrition Service and meals must include food purchased by the homeless meal provider.

Individuals must be homeless to be eligible to use CalFresh at a homeless meal provider.  An employee of a homeless meal provider cannot be an authorized representative.  The homeless meal provide cannot require persons to use CalFresh benefits for their food.  The Food and Nutrition Service can provide point of sale devices to homeless shelters that are meal service providers.  (ACL 19-51, May 23, 2019.)

CalFresh Authorized Representatives

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The California Department of Social Services (CDSS) has issued guidance regarding Authorized Representatives (AR) for household applying for or receiving CalFresh.  An AR is an adult non-household member who is authorized to act on the household’s behalf to apply for CalFresh, complete work registration forms, complete reporting or use the Electronic Benefits Card to purchase the household’s food.

The AR must be an individual.  The county cannot designate an entity as an AR.  If an individual is employed by an entity, the county is encouraged to note that fact.

A Social Security Representative Payee can act as an AR, but the household must designate the Representative Payee as a CalFresh AR.

A third party can be authorized to apply for or obtain CalFresh for the household via power of attorney, guardianship or conservatorship.  These third parties are not required to be designated as an AR.

Counties must inform all CalFresh applicants and recipients at recertification of the right to designate an AR.  The household can designate an AR on the CalFresh application, recertification form or a separate form developed by the county.  A household may designate an AR at any time during the certification period.

There are several groups of people who cannot be designated as ARs including county employees who are involved in eligibility determinations, employees of retailers authorized to accept CalFresh, employees of homeless meal providers authorized to accept CalFresh and federally funded application assisters.

When an AR applies for CalFresh on behalf of the household, the identity of both the AR and the responsible household member must be verified.  When an AR is applying on behalf of the household, the application may be denied for failure to verify the identity for both or either the AR and the responsible household member.

When a household designates an AR, the household is liable for any overissuance, even if the AR provided incorrect information.

Households must be allowed to designate an emergency AR to obtain benefits and purchase food for a particular month.  This designation must be made using a county form or a written statement signed by the responsible household member and the emergency AR.  (ACL 19-55, May 31, 2019.)