Author: Stephen Goldberg

CalFresh denials for missing verification waiver extension

Posted on by

The California Department of Social Services (CDSS) has issued instructions regarding denials of CalFresh applications for failure to provide requested verification.  California has been granted an extension of a waiver by the federal government that allows counties to choose to deny CalFresh applications for failure to submit requested verification within 10 days of the written request even if 30 days have not passed since the application date.  The new waiver is in effect until April 30, 2029.  46 counties have chosen to implement this waiver.

Counties must meet several conditions to deny an application for failure to submit requested verification within 10 days of the written request even if 30 days have not passed since the application date including:

  • The county schedules an interview for all applicants who are not interviewed on the day of application. The county cannot deny the application prior to the 30th day if the household does not appear for the first scheduled interview.
  • The county sends a notice of denial on the 30th day after the date of application if the household does not appear for a scheduled interview and has not contact the county.
  • The household is given at least 10 days to submit missing information
  • The denial notice states why the application was denied and that the application will be reopened if the required verification is received within 30 days of the date of application and benefits will be provided from the date of application. (ACL 24-30, April 25, 2024.)

Verification and eligibility for public benefits for public interest parolees

Posted on by

The California Department of Social Services (CDSS) has issued guidance regarding verification and eligibility for persons paroled into the United States under Immigration and Naturalization Act section 212(d)(5), also known as public interest parolees, when determining eligibility for CalWORKs, CalFresh, California Food Assistance Program (CFAP), Refugee Cash Assistance (RCA), and Entrant Cash Assistance (ECA).

When someone entering the United States is granted parole status at a port of entry or District Office, they are given a DT code.

People who are paroled into the United States are eligible for CalWORKs.  In verifying parole status for CalWORKs, counties must accept documentation showing the DT code and the length of parole, and must not ask for additional verification.  Counties can ask for additional verification or run a SAVE match if the length of parole is unclear.  Counties must review CalWORKs applications received after June 30, 2023 and were denied for failure to provide additional verification of parole status, and retroactively approve aid if the family is otherwise eligible.  When the recipient’s parole term expires, counties must evaluate whether the family meets another eligible noncitizen category.

Office of Refugee Resettlement eligible parolees are eligible for RCA or ECA if they meet all other program eligibility requirements.  Any CalWORKs applicant with a DT code who is found ineligible for CalWORKs should be evaluated for RCA and ECA. Counties must review RCA applications received after June 30, 2023 and were denied for failure to provide additional verification of parole status, and retroactively approve aid if the family is otherwise eligible.

To be eligible for CalFresh, a parolee must have a duration of parole into the United States of at least one year, and must have been in the United States for 5 years.

To be eligible for CFAP, a parolee must have a duration of parole into the United States of at least one year.  CFAP does not have the 5 year waiting period requirement. (ACL 24-27, April 24, 2024.)

Child Support pass through in former assistance cases

Posted on by

Effective May 1, 2024, all child support collections in cases where the family previously received CalWORKs benefts, including collections assigned to arrears owed to the government for recoupment of CalWORKs benefits, will be paid to the family receiving child support.  This change is not retroactive.  Collections in former assistance cases made before May 1, 2024 can still be retained by the government agency to recoup CalWORKs benefits paid to the family.

Effective May 1, 2024, child support collections that are passed through in cases where the family previously received CalWORKs, will count towards reimbursing the government agency for CalWORKs previously received by the family.  Any child support collected that exceeds the amount of CalWORKs received by the family will be passed through to the family.

Any pass through payments that cannot be delivered to the former aid recipient within six months will be retained by the government agency to recoup CalWORKs that was paid.  The former recipient has 12 months after the payment is used for CalWORKs recoupment to make a claim for that payment.  If the former aid recipient is deceased, collected child support will be used to recoup CalWORKs that was previously paid. (CSSI Letter 24-04, May 1, 2024.)

Changes to CalWORKs recipient financial eligibility test

Posted on by

The California Department of Social Services (CDSS) has issued guidance regarding continuing financial eligibility for CalWORKs recipients.  When a family receiving CalWORKs has an income increase that takes over 130% of the Federal Poverty Level (the Income Reporting Threshold or IRT), they must report that to the county.  This is a report that must be made mid-period when it happens, this is between required semi-annual reports.

Counties must now determine continuing eligibility after an income report of income report determining: 1) whether the income is over the IRT; 2) if it is over the IRT, is it reasonable anticipated to continue; 3) if it is does the income reported, minus any of that income which is exempt from consideration for CalWORKs purposes, is more than the IRT.  If it is, the CalWORKs grant will be recalculated accordingly.  The critical change is subtracting any exempt income before redetermining eligibility and benefit amount.

Families must continue to report when their total gross and unearned income exceeds the IRT, but continuing financial eligibility will be determined after determining if the income is reasonably anticipated to continue, and whether it exceeds the IRT after subtracting exempt income.

This change also applies to Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victim Assistance Program benefits.  (ACL 23-96, December 26, 2023.)

New policy for in person PIN changes on EBT cards

Posted on by

The California Department of Social Services (CDSS) has a new policy about in person requests for changes to the PIN number on Electronic Benefits Transfer (EBT) cards. This policy change is because of an increase in in person fraudulent requests to change PIN numbers.

In person PIN changes at a county outside of cardholders residence will no longer be allowed.  Counties must tell people that they can change their PIN number by calling the Automated Response Unit number on the back of the card, or by using the ebtEDGE app or online portal.

If there is a pending intercounty transfer, the county must issue a new card.  If benefits remain on the old card from the previous county, the new county must change the PIN number.

For in person PIN change requests in the county of benefit issuance, counties must verify the identity of the person asking to change the PIN.  The identity information and the physical EBT card must match the case information in CalSAWS before the PIN is changed.  The county must also check the PIN change receipt to make sure the last four digits of the card number on the receipt match the physical card number.

Only the cardholder can change the PIN on their own EBT card.

To verify identity, the county must first use a photo ID.  If the individual does not present a photo ID, the county must verify two points of personal identifying information from the case:  name of any other persons on the case and their relationship on the case, date of birth, last four digits of Social Security Number, or address on the case.  (ACL 24-25, April 10, 2024.)

CalFresh treatment of earmarked income

Posted on by

The California Department of Social Services (CDSS) has issued guidance regarding treatment of earmarked income when determining eligibility for CalFresh and benefit amount.  Earmarked income is income received by the CalFresh applicant or recipient that is designated for a particular purpose.

Unless the source of the earmarked income is otherwise excluded, recurring income that is earmarked and reasonable anticipated to continue is not excluded.  Earmarked income that is received only once, or that is so infrequent that it cannot be reasonably anticipated does not court for CalFresh purposes.

Education assistance that is not otherwise excluded from being considered income for CalFresh is excluded to the extent that it is earmarked by the lender, used for, or intended to be used for, education expenses.

Voluntary contributions from nongovernmental persons or organizations having no liability for the support of the recipient are excluded as income because they are also excluded under CalWORKs rules.

Excluded income is not subject to verification.  Counties can only request verification if the information provided by the applicant or recipient is questionable, that is,the information is inconsistent with the applicant or recipient’s prior statements or with other information the County has.  A county’s determination that information is questionable must be based on an individualized inquiry.  When verification is required, the county must use the CW 2200 form to request the verification, document in the case file why the information received was considered questionable, and state what documentation was used to resolve the questionable information. (ACIN I-01-24, January 5, 2024.)