Benefits eligibility when public interest parole expires

The California Department of Social Services has released guidance regarding benefits eligibility for public interest parolees when their parole status expires or is terminated.

Individuals paroled into the United States are eligible for CalWORKs.  If an individual’s parole status expires or is terminated, and they are not in another qualifying noncitizen status, they are not eligible for CalWORKs.  Change in immigration status is not a mandatory mid-period report.  People who lose their parole status will be redetermined at their next semi-annual report or annual redetermination.  Counties must complete a SAVE search before discontinuing benefits to ensure that they are not eligible under a different immigration status.

Parolees are no longer eligible for CalFresh unless they are Cuban-Haitian Entrants.  Parolees who have not met the five-year waiting period or are exempt from the five year waiting period are eligible for the California Food Assistance Program (CFAP). A parolee may be eligible for CalFresh, or for CFAP after five years if they adjust their status to a status that is eligible for CalFresh or CFAP after five years.

The only parolees who are eligible for Refugee Cash Assistance (RCA) or Entrant Cash Assistance (ECA) are Cuban-Haitian Entrants who are paroled, Afghan Humanitarian Parolees, and Ukrainian Humanitarian Parolees.  Continuing eligibility for RCA/ECA is redetermined at the next semi-annual report.

Note that effective May 5, 2025, RCA/ECA eligibility is limited to four months.  For cases where there is not a required semi-annual report because of the four-month limit on benefits, the county should only discontinue benefits before the four months have been used if there is a voluntary report of RCA/ECA benefits.

Note that for purposes of these benefits programs, Cuban-Haitian refers to benefits eligibility, rather an immigration status.  For purposes of benefits eligibility, a Cuban-Haitian Entrant is:

(1) any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; and

“(2) any other national of Cuba or Haiti-

“(A) who-

“(i) was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.];

“(ii) is the subject of removal proceedings under the Immigration and Nationality Act; or

“(iii) has an application for asylum pending with the Immigration and Naturalization Service; and

“(B) with respect to whom a final, nonappealable, and legally enforceable order of removal has not been entered.” (Refugee Education and Assistance Act of 1980 § 501(e).)

Cuban-Haitian Entrant parolees whose parole expires or is terminated may lose parole-based employment authorization, but may remain eligible for employment services.  Counties should review those cases to ensure that Cuban-Haitian Entrant parolees whose parole expires or is terminated are enrolled in appropriate activities. (ACIN I-15-26, April 24, 2026.)

Revised CalFresh work rules oral script

The California Department of Social Services (CDSS) has released an updated version of the CalWORKs work rules oral script.  The updated version removes the CalFresh Employment and Training section, and reflects changes to the CalFresh time limit and work rules because of HR 1.

The county must verbally inform at least one member of the CalFresh household or authorized representative of the work rules using the CDSS script or a similar script written by the county.  If a household member becomes a mandatory work registrant during the certification period, the county must make a good faith effort to reach the household and give a verbal explanation of the work rules.  A minimum of two attempts to contact the household is considered a good faith effort.  (ACL 26-26, April 10, 2026.)

 

 

 

HR 1 Work Requirements Questions and Answers

The California Department of Social Services has released Questions and Answers about HR 1 CalFresh work requirements.

Counties cannot implement policy changes in HR 1, including screening under the modified HR 1 exemptions from work requirements, until June 1, 2026.

An applicant, authorized representative, or another household member, can provide information to complete work registration or work participation exemption screening for another household member. If the person reporting the information cannot provide all requested information, the county must send a request to the individual.  If the individual does not respond within 10 days, the county must apply the three month time limit.  Information for all other household members should be processed.

Exemptions can be applied retroactively. If an individual reports information mid-period that triggers an exemption, the county must act on that information within 10 days.

Applications received before June 1, 2026, and recertifications that are due before June 1, 2026, must be screened using the pre-HR 1 rules, even if approval is after June 1, 2026.

Individuals age 60-64 are exempt from work registration, but are not automatically exempt from work participation. An individual may not be found to meet the obviously unfit to work exception to work participation based only on age.  The obvious unfitness exception requires county observation that the individual has a physical or mental impairment that makes it difficult to meet the 20 hours per week or 80 hours per month participation requirement. The individual may also be exempt if they have medical certification of unfitness to work, or they are receiving or applying for disability benefits. If a recipient turns age 65 they are no longer subject to work requirements

Individuals must be screened for an HR 1 exemption before the time limit can be applied.

Counties cannot require a specific type of verification.  Verification methods can include documentary evidence, electronic verification, collateral contacts, and, if necessary, the client’s statement.

Self-attestation is sufficient to qualify for the Native Americans exception to HR 1.

If verification of the Urban Indian exception is questionable, the county can reference the California Urban Indians website for more information.

Multiple adults in the same household can get a work requirement exception for caring for the same child under age 14 if they reside in the same CalFresh household. If the recipient turns 65, they are no longer considered subject to work requirements.  The CalSAWS system will automatically stop coding an individual as subject to work requirements starting the month of their 65th birthday.

If a recipient who has not been screened under the HR 1 exemption criteria reports a change mid-period that would make them ineligible for an exemption, the exemption continues until their next recertification when they can be rescreened.  If an individual who has been screened for HR 1 exemptions voluntarily reports a change that would end their exemption, the county cannot apply the time limit until they are rescreened at recertification to determine if another exemption applies.

Recipients who have been screened under the HR 1 criteria and found subject to the three month time limit must report a drop in work hours below 20 hours per week averaged monthly.

When a household reports a change in household composition on or after June 1, 2026, new household members must be screened under the HR 1 criteria.

Households are considered informed of the time limit and work requirements only after they have been given both a verbal explanation, and the CF 886 informing notice.

Elderly Simplified Application Process (ESAP) households are not required to have an interview for recertification. The county must attempt to contact the ESAP household at least three times if it needs more information to determine if an exemption applies.  However, if the county does not have enough information to determine if the ESAP household is exempt from the three month time limit after those contact attempts, the county must schedule an interview.  If the ESAP household does not complete the interview, their recertification must be denied.  (ACIN I-14-26, April 14, 2026.)

CalFresh ABAWD Handbook Version 3.0 released

The California Department of Social Services has released the CalFresh

Able Bodied Adults Without Dependents Time Limit Handbook Version 3.0.  The new handbook updates time limit waivers, work related policies, time limit exemptions, satisfying work and community engagement requirements, discretionary exemptions, counting months, ongoing eligibility, special circumstances, notice requirements, tracking participation, and the California Food Assistance Program.  The new handbook is effective June 1, 2026.  The prior handbook released as ACL 19-93 is superceeded.  (ACL 26-29, April 15, 2026.)

Associate and Bachelors degree programs now count as CalFresh LPIEs

In general, students who are enrolled in an institution of higher learning at least half time are ineligible for CalFresh.  There are several exceptions to that rule.  One of those exceptions is when the student is in a program designated as a Local Program that Increases Employability.  Effective June 1, 2026, all associates and bachelor’s degree programs at a California Community College, California State University, or University of California campus will be considered LPIEs.

This means that anyone attending a California Community College, California State University or University of California campus at least half time, and who is enrolled in an associates or bachelor’s degree program in any major, is exempt from the CalFresh student exclusion.  This includes associates degrees for transfer.  Students who have not declared a major but are in enrolled in general education courses requires to obtain a associates or bachelor’s degree will also be exempt from the CalFresh student exclusion.  A client’s verbal or written statement that they are enrolled in an associates or bachelor’s program at a public institution of higher learning is acceptable verification unless it is questionable.

The student exclusion still applies to students enrolled in private institutions, and to students who are not enrolled in associates or bachelor’s degree programs.  This includes graduate/advanced degree programs, certificate programs, Career and Technical Education programs, and adult basic education programs.  However, such programs can still be submitted to the California Department of Social Services for evaluation whether they qualify for the Local Program that Increases Employability exception to the CalFresh student rule.

The expansion of programs that qualify as LPIEs must be applied to all new CalFresh applications starting June 1, 2026.  The new definition will apply to ongoing households when they recertify.  However, voluntary reports will be acted upon if they increase benefits.  (ACL 26-25, April 13, 2026.)

Processing of Recipient IEVS matches

The California Department of Social Services (CDSS) issued guidance regarding processing of matches from the Recipient Income and Eligibility Verification System (R-IEVS) system.  R-IEVS contains income information from several databases that is matched with information provided by current CalWORKs and CalFresh recipients.

In general, counties must process IEVS matches within 45 days, and establish overpayments and overissuances no later than the quarter after the quarter when the income discrepancy is discovered.  However, R-IEVS matches on closed cases are not subject to the 45 day processing time or the quarter after quarter requirement.

Counties must try to process IEVS matches on closed cases within 12 months of the run date of the date of receipt of the match.  However, counties can process the match after 12 months if the counties believes it is cost effective or if the county suspects fraud.  If the county determines that pursuing the match is not cost-effective, there must be a note in CalSAWS to that effect.

On or before March 31, 2026, CDSS and CalSAWS will do a one-time disposal of all IEVS abstracts that are more than 12 months old.

Counties must implement and update written policies that reflect these new guidelines. (ACL 26-05, January 26, 2026.)