Author: Stephen Goldberg

CalFresh ABAWD waiver

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The United States Department of Agriculture  Food and Nutrition Service (FNS) has granted a statewide waiver for California of the CalFresh Able Bodied Adults Without Dependents (ABAWD) time limit from July 1, 2020 to July 31, 2021.

FNS issued new regulations about when states can be eligible for waivers of the time limit.  Those regulations have been enjoined while litigation continues.  While the injunction is in place, FNS is using the prior regulations to decide waiver requests.  Under the prior regulations, California qualified for a statewide wavier because it now qualifies to extended unemployment benefits.

While the new ABAWD waiver is in effect, counties must 1) screen for exemptions and inform clients of the ABAWD rule, 2) track and report registrant, ABAWD, and Employment and Training data, and 3) sanction CalFresh work registrants who voluntarily quit a job of 30 hours per week or more.

Individuals who were previously discontinued from CalFresh for not meeting the ABAWD work requirement can reapply and be approved for benefits.  (ACL 20-90, August 20, 2020.)

COVID-19 CalFresh waiver extension and end of CalFresh interview waivers for September 2020

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California had three federal waivers for CalFresh because of COVID-19.  The federal waiver for not conducting CalFresh initial application and recertification interviews has not been extended.  As a result, counties must begin conducting initial application and recertification interviews on September 1, 2020.

The federal waivers for not conducting a face-to-face interview even on request of the applicant, and not requiring specific recording equipment for telephonic signatures are extended until September 30, 2020.  For details about these waivers, see ACWDL April 2, 2020, summarized here, and ACWDL May 28, 2020, summarized here.  (ACWDL, August 19, 2020.)

Using corrected CalWORKs amount to determine CalFresh overissuance

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The California Department of Social Service (CDSS) has provided clarification that when determining the amount of a CalFresh overissuance or underissuance, the county must use the CalWORKs and CalFresh amount that the household should have received if the household has correctly reported and the county had taken timely action.  For example, if a household has income that was not considered when determining the CalWORKs and CalFresh grants, the CalFresh overissuance is determined using the corrected amount of CalWORKs as income, that is, the lower CalWORKs grant caused by the increase in income.

ACIN I-16-05 is incorrect and is corrected by this letter.  ACL 03-18 is correct.

Households with established claims as of the release of this letter may request a recalculation using the correct methodology.  (ACIN I-05-16E, August 13, 2020.)

COVID-19 requesting individual stimulus payment for dependents of benefits receipients and for other non-filers

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The Internal Revenue Service (IRS) has reopened the non-filer tool for SSI, Social Security, VA benefits and Railroad Retirement recipients to request the $500 per dependent stimulus payment.  People on  SSI, Social Security, VA benefits and Railroad Retirement can now request the $500 child stimulus payment using the portal until September 30.  After September 30, 2020, SSI, Social Security, VA benefits and Railroad Retirement recipients must file a 2020 tax return in 2021 to get the $500 per dependent payment.

In addition, IRS set a deadline of October 15 for people who do not need to a tax return to apply for the stimulus using the portal.  People who do need to file a tax return but do not apply using the portal by October 15 will need to file a 2020 tax return in 2021 to get the stimulus. In addition, SSI, Social Security, VA benefits and Railroad Retirement recipients who did not automatically receive their stimulus payment need to complete the non-filer tool by October 15 or they will need to file a 2020 tax return in 2021 to get the stimulus.

IRS states it is working to resolve cases where a stimulus payment was taken and applied to their spouse’s past-due child support.  IRS states it will automatically issue the portion of the stimulus payment that was applied to the other spouse’s debt.

IRS has cancelled all checks that were issued to people who died before the receiving the stimulus payment.  Some stimulus payments to spouses of deceased  persons were cancelled.  IRS is working on reissuing payments to surviving spouses of deceased taxpayers who were unable to deposit the initial stimulus payment to the deceased and surviving spouse.  (IR 2020-180, August 14, 2020.)

New revision of CAPI Indigence Exception form

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The California Department of Social Services (CDSS) has revised the Cash Assistance Program for Immigrants (CAPI) indigence exception form SOC 813.  These changes reflect that, as explained in ACL 20-79, summarized here, CalFresh and housing subsidies will no longer be counted as income for purposes of determining eligibility for the CAPI indigence exception to sponsor deeming.  ACIN I-34-19, summarized here, which transmitted the prior version of the SOC 813 form and included the prior policy, is superceeded.  (ACIN I-61-20, August 13, 2020.)

CAPI acceptance of expired LPR cards

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Effective immediately, counties must accept expired Lawful Permanent Residence (LPR) cards when determining eligibility for the Cash Assistance Program for Immigrants (CAPI).  If a claimant presents an expired LPR card, the county must verify immigration status using the Systematic Alien Verification for Entitlements (SAVE) system.  The county must accept an expired LPR card and grant benefits as otherwise eligible if the LPR card can be verified through SAVE.

This policy applies to any administrative hearing or rehearing that is currently pending.  (ACL 20-88, August 5, 2020.)