Author: Stephen Goldberg

CalFresh Transitional Nutrition Benefit recertifications are starting November 2023

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The Transitional Nutrition Benefit (TNB) program provides food benefits for households that became ineligible for CalFresh because of the addition of a household member who was previously excluded from the CalFresh household because they received Supplemental Security Income (SSI) benefits.

Beginning in November, 2021, recertifications for TNB were paused for two years. TNB recertifications will begin in November, 2023.  Counties must send the Notice of Recertification for the Transitional Nutrition Benefit Program (TNB 4) to TNB households in the month prior to the household’s original TNB renewal month, starting in October 2023 for the November renewals.  Recertifications will be for 12 months.  TNB households are not required to report mid-period or complete a periodic report to maintain eligibility.

If a TNB household is discontinued for failure to complete the renewal, benefits must be restored back to the date of termination if the recertification and all required documents are submitted within 90 days of the discontinuance.

CWDs must publicize the resumption of TNB renewals starting in November 2023 using mass change information practices.  (ACIN I-35-23, July 3, 2023.)

Revised WTW 5 form to reflect changed Welfare to Work pregnancy exemption

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Effective January 1, 2022, all pregnant CalWORKs recipients are exempt from Welfare to Work participation.  Pregnancy verification is no longer required prior to granting the Welfare to Work exemption. The exemption may continue for the duration of the pregnancy if medical verification of the pregnancy is provided.  Counties no longer determine whether an individual qualifies for the Welfare to Work pregnancy exemption because it is no longer tied to ability to work because of pregnancy.

The California Department of Social Services WTW 5 Welfare to Work notice has now been updated to reflect the new pregnancy exemption from Welfare to Work.  (ACL 23-61, July 18, 2023.)

Eligibility Disqualifications for Certain Convicted Felons and New Attestation Requirements

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The California Department of Social Services has issued guidance regarding a federal regulation change to CalFresh eligibility that imposes new disqualifications for certain convicted felons. These new disqualifications do not change the rules regarding fleeing felons and probation or parole violations.

Any adult who has been convicted of aggravated sexual abuse, murder, sexual exploitation and other abuse of children, a Federal or State offense involving sexual assault, or an offense under State law determined by the Attorney General to be substantially similar to one of the first three offenses listed, after February 7, 2014, and who is not in compliance with the terms of their sentence, will not be eligible for CalFresh benefits.

The new federal regulations require an attestation by all individuals applying or recertifying for CalFresh benefits whether they have been convicted of one of these crimes as an adult, and whether the convicted household member is complying with the terms of their sentence. Individuals may provide attestations in writing, verbally, or both.  CalFresh applications will have a new question where individuals can state whether the individual or any adult member of their household has been convicted of any of the disqualifying crimes, and if so whether they are in compliance with the terms of their sentence. The online applications will also have the new attestation requirement added.

Counties must explain the attestation requirement to the applicant household during the interview. Individuals cannot be required to come to the county office only to make the attestation. The individual’s attestation must be documented by the CWDs in their case file.

Verification requests must be limited to attestations that are considered questionable, which is  when the application has contradicting information or discrepancies that would cast doubt on the timeliness, completeness, or accuracy. For questionable applications, the county must verify any conviction for crimes and that the individual is out of compliance with the terms of their sentence. When verifying an attestation, counties can use their Special Investigation Unit, Investigators, and R-IEVS Fleeing Felon Match.

Application processing must not be delayed beyond required processing times only because verification has not yet been received.  If the county must act on the case to meet the time standards, the application must be processed without consideration of the individual’s conviction status.

The implementation of the new eligibility disqualifications will be effective upon funding and completion of automation in CalSAWS.  (ACL 23-59, June 28, 2023, and ACL 23-59E, September 28, 2023.)

New income limits for subsidized child care programs

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The California Department of Social Services (CDSS) has notified counties and child care and development contractors of the new income limits for all direct service and voucher-based child care and development contracts administered.  It reflects the State Median Income (SMI) and Income Ranking Table for Fiscal Year (FY) 2023-24, and the updated Schedule of Income Ceilings is used to determine a family’s income eligibility for state subsidized child care and development programs for FY 2023-24. The updated Income Ranking Table is used to determine an income-eligible family’s priority for enrollment in a state subsidized child care and development programs for FY 2023-24. 

Contractors must enroll families into CDSS-administered child care and development programs in priority order. First priority is for neglected or abused children who are recipients of child protective services, or children who are at risk of being neglected or abused, when there is a written referral from a legal, medical, or social services agency. 

The second priority for enrollment is for income-eligible families, with families who have the lowest gross monthly income in relation to family size receiving the highest priority. If two or more families are in the same priority in relation to income, the family that has a child with exceptional needs must be admitted first. Effective January 1, 2023, families in which the primary home language is a language other than English are also second priority for services. Contractors must ask on their waiting list application if a family’s home language is a language other than English.  Contractors must prioritize the family by the income declared on the application for the means-tested government program.

Effective July 1, 2023, contractors must use the revised FY 23-24 Income Ranking Table when determining enrollment priorities for families.  (CCB 23-16, June 19, 2023.)

SSI eligibility for Cuban, Haitian, Nicaraguan and Venezuelan Parolees

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The Social Security Administration has provided instructions for processing Supplemental Security Income (SSI) claims for citizens of Cuba, Haiti, Nicaragua, and Venezuela who are paroled into the United States by the Department of Homeland Security (DHS).

Individuals under the “Cuban Haitian Nicaraguan and Venezuelan parole process” can potentially receive SSI. To determine eligibility for SSI, the Social Security Administration must evaluate and verify the parole states and determine if the parolee meets one of the listed conditions for their country.

For Cuba and Haiti Nationals, documents that qualify as evidence of parole status are Employment Authorized Document (EAD) with a C11 category, unexpired passport, or an unexpired Form I-94 with a code of CHP for Cuban Humanitarian parolee or HHP for Haitian Humanitarian Parolee.

A Cuban or Haitian parolee might also be a Cuban/Haitian entrant (CHE) which is a distinct status that is separate from the January authorization. If the parolee has the CHE status they are eligible for SSI up to seven years.

If the parolee is not a CHE then SSI eligibility ends on the expiration date of parole status.

For Nicaraguan Nationals, documents that qualify for evidence of parolee status are an Employment Authorization Document with a C11 category, unexpired passport, or unexpired Form I-94 with a Class of Admission of Nicaraguan Humanitarian Parolee.

A Nicaraguan parolee is eligible for SSI if they one of the exceptions that allows for immigrant eligibility for SSI.  If they do not meet one of the exceptions, their SSI eligibility expires at the end of the parole status.

For Venezuelan Nationals, documents that qualify for evidence of parolee status are an Employment Authorization Document with a C11 category, unexpired passport, or unexpired Form I-94 with a Class of Admission for Venezuelan Humanitarian Parolee. They may also have an expired passport, the expired passport is valid for five years after the expiration date listed on the passport.

A Venezuelan parolee is eligible for SSI if they meet one of the exceptions that allows for immigrant eligibility for SSI.  If they do not meet one of the exceptions, their SSI eligibility expires at the end of the parole status.  (Social Security EM-23020.)

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Disaster CalFresh July 2023 San Luis Obispo County

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The California Department of Social Services has issued guidance and information regarding implementation of Disaster CalFresh for San Luis Obispo County.

Disaster CalFresh provides one month of temporary food assistance to households affected by natural disasters who were not already receiving CalFresh.

To be eligible for Disaster CalFresh, a household must have:

1) lived or worked in the disaster impacted county at the time of the disaster;

2) Purchased or planned to purchase food during the benefits period, which is February 21, 2023 through March 22, 2023;

3) Experienced an adverse effects because of the disaster, such as food loss, loss of income, inaccessible resources, or disaster-related expenses;

4) Meet the Disaster Gross Income Limit.  To be eligible, the household’s income received plus accessible liquid resources, minus disaster related expenses, must be less than the Disaster Gross Income Limit.

Households that received CalFresh in February 2023 are not eligible because they already received a minimum of $95 via Emergency Allotments for the February 2023 benefit month.

A Disaster CalFresh household includes people who lived and purchased and prepared food together on the start date of the disaster. A Disaster CalFresh household does not include people who the applicant is temporarily staying with at the time of application due to the disaster. A Disaster CalFresh household may include people who had been excluded from an ongoing CalFresh household at the time of the disaster.

Disaster CalFresh requires verification of 1) Identity; 2. Residency and loss/inaccessibility of income or liquid resources, if possible; and 3. Household composition and food loss, when questionable.

While identity verification is required, a specific type of documentary proof is not Acceptable identity verification may include, but is not limited to, a driver’s license, a work or school identification card, an identification card for health benefits, a voter registration card, a foreign passport, and “matricula consulares.”

A social security number is not required to apply for D-CalFresh.

To the extent possible, verification of residency should be satisfied via information from other sources, such as a rent or mortgage billing statement, utility billing statement, and identity documents. No specific type of documentary proof is required.

Counties should assist households in obtaining necessary verification. This includes, with the client’s permission, verifying information through alternative sources such as online banking or utility accounts, and using collateral contacts.

Certified households must be able to access benefits within 72 hours of application, which begins to run on the day of the interview.

Authorized representatives may assist with Disaster CalFresh applications following the same policy as for regular CalFresh.

The Disaster CalFresh application for San Luis Obisppo County is July 10, 2023 through July 14, 2023.  Applicants can pre-register beginning on July 8, 2023.  Pre-registration will allow households to apply for D-CalFresh beginning on July 8, 2023, and to submit required D-CalFresh verifications via online portals. Counties may take up to 24 hours to initiate a telephone call to households who preregister to complete a phone interview during the application period based on the order in which their pre-registration was received.

The filing date is the day that the interview is completed and not the day that county receives the application.  Applicants must complete the CF 385 form and submit it during the application period.  Applications can be submitted by phone, online or in person. When accepting Disaster CalFresh applications by phone, verbal attestation is acceptable. Applicants who submit the application and verification online will be called for an interview within 24 hours.  If an online application does not have a phone number, the county must send the applicant a reminder notice to complete the interview no later than July 20, 2023.

Disaster CalFresh interviews should be done in-person when possible, but they can be done by phone.

Reports of electronic theft of Disaster CalFresh are handled in the same was as electronic theft of any other CalFresh benefits as described in ACLs 21-133 and 23-13.  (ACWDL, June 30, 2023.)