CalFresh / SNAP

Extension of COVID-19 CalFresh waivers

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California has been granted waivers of the initial application and recertification interview (if certain criteria are met); and of the recording requirement for telephonic signatures (if certain criteria are met) because of COVID-19.  These waivers have been extended until March 31, 2023.

Approval of these waivers requires California to state that a State of Emergency or disaster declaration continues at the time of the request.  The federal Food and Nutrition Service will approve additional waivers for up to three months.  If the State wants to continue using a waiver for longer than three months, the State can submit an extension request in the third month of the waiver timeframe.  No waiver may continue beyond the end of the month after the month when the federal COVID-19 public health emergency declaration is lifted by the Secretary of Health and Human Services.  (ACWDL, December 21, 2022.)

CalFresh pre-release application process for incarcerated persons

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The California Department of Social Services has issued recommendations regarding processing CalFresh applications for incarcerated persons.  Currently, California does not have a statewide process for processing pre-release CalFresh applications.  California has requested a federal waiver to create such a process.  However, California has a waiver for a pilot project in Orange County from March 1, 2021 to February 28, 2023 that allows incarcerated persons to apply for CalFresh up to 30 days before their release date.

For verifying the identity of the applicant, counties must accept any readily available documentary evidence which reasonably establishes the applicant’s identity and, if documentary evidence is not readily available, counties may verify identity through a collateral contact.  For formerly incarcerated individuals, identification cards and booking sheets from the prison or jail are examples of acceptable forms of identification. Any documents which reasonably establish the applicant’s identity must be accepted, and counties cannot require a specific type of document.

For Social Security Numbers, applications should be filed using the exact name associated with the Social Security Number even when the applicant is incarcerated under an alias or other alternate name.

Counties must assist all households in getting mandatory verification. Counties must use existing verification when available including electronic sources when applicable to the household.

Counties must screen all CalFresh applicants for work registration requirements.  This includes formerly incarcerated individuals.  Counties must inform all applicants of available local employment services related to experience, training, and education that the individual has obtained before or during their incarceration.

Counties can partner with community based organizations to provide application assistance inside county jails.  (ACWDL, November 18, 2022.)

New two year waiver of ABAWD rule

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The United States Department of Agriculture has approved a new statewide waiver for California of the CalFresh Able Bodied Adults Without Dependents (ABAWD) time limit.

The ABAWD rule limits CalFresh recipients between the ages of 18 and 50 with no children and who are not disabled to three months of CalFresh benefits every three years. The new ABAWD waiver is effective from November 1, 2022 to October 31, 2024.

Counties must continue to 1) Identify ABAWDs, screen for exemptions, and inform clients of ABAWD rules; 2) provide an information notice about the ABAWS rules, and 3) track and report work registrant, ABAWD, and Employment and Training data.  (ACL 22-103, December 16, 2022.)

COVID-19 CalFresh emergency allotment for December, 2022

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California has been approved to issue an emergency allotment of CalFresh for December, 2022.  All households will receive at least the maximum CalFresh allotment.  Households eligible to receive the maximum allowable allotment based on household size are now eligible to receive an emergency allotment of $95 per month. Households who are not eligible to receive the maximum allowable allotment based on household size, but whose emergency allotment would be less than $95 per month to receive the maximum allotment, will receive additional CalFresh benefits to raise their emergency allotment to the $95 minimum.

The Food and Nutrition Service will allow a one-month emergency allotment phaseout after the State-issued emergency or disaster declaration expires. States may request emergency allotment approval for one additional issuance month if the Secretary for Health and Human Services public health emergency declaration remains in place, and the State-issued emergency or disaster declaration has expired or will expire in the current month. The Department will release county guidance via letter if the phase-out emergency allotment is implemented.

The emergency allotment will be issued on January 8, 2023 for CalSAWS counties, and on January 14, 2023 for the counties that remain on the CalWIN computer system.

Moving forward, emergency allotments may be approved by FNS on a month-to-month basis until the Secretary of Health and Human Services rescinds the public health emergency.  There will be a one-month phase out of emergency allotments after the public health emergency is rescinded.  (ACWDL, December 9, 2022.)

Treatment of CAPP payments for various programs

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The California Department of Social Services (CDSS) has issued guidance to County Welfare Departments (CWDs) regarding treatment of California Arrearages Payment Program (CAPP) payments issued to California assistance program applicants and recipients to help pay eligible past due energy bills that increased during the COVID-19 pandemic

CAPP payments do not count as income when determining eligibility and/or grant amount for the CalWORKs program and do not count against the resource limit for the 12 months after receipt of payment. Furthermore, CAPP authorized payments are not considered in-kind income for CalWORKs recipients.

For both CalFresh and the California Food Assistance Program (CFAP), CAPP payments are considered third-party payments that are not owed to the household and therefore are not counted income. CAPP payments are not considered resources for CalFresh and CFAP.

For Modified Adjusted Gross Income (MAGI) Medi-Cal, CAPP payments are treated as a qualified disaster relief payment similar to other disaster payments that the IRS exempts from gross income. This means that CAPP payments are not counted in the MAGI Medi-Cal eligibility determination. For Non-MAGI Medi-Cal, CAPP payments are considered exempt disaster and emergency assistance and do not count as income or a resource.

CAPP payments do not count as income for the Cash Assistance Programs for Immigrants (CAPI), because they are considered to be a tax refund. CAPP payments do not count as a resource for CAPI for the 12 months after the payment is made.

RCA, ECA, and TCVAP programs do not count CAPP payments as income and do not count as a resource limit for 12 months after receipt of the payment because their programs use the same rules as CalWORKs. (ACL 22-83, October 21, 2022.)

Treatment of Better for Families Tax Refund, and the Young Child and Foster Youth Tax Credits

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The California Department of Social Services (CDSS) has issued guidance for various programs about the treatment of Better for Families Tax Refund, and the Young Child and Foster Youth Tax Credits.

AB 192 established the Better for Families Tax Refund program, called the middle-class tax refund. SB 201 expanded the definition of a qualified taxpayer to include taxpayers with no earned income and those in foster care between the ages of 18 and 25.

The CalWORKs program treats the Better for Families Tax Refund the same as the federal earned income tax credit. It does not count as income and does not count as a resource for 12 months.  Refunds from the Young Child and Adopted Youth Tax Credit are treated the same as federal earned income refunds and do not count as income, and do not count as a resource for 12 months.

CalFresh and the California Food Assistance Program do not count either the of Better for Families Tax Refund, or the Young Child and Foster Youth Credits as income. CalFresh and the California Food Assistance Program counts them as a resource beginning in the month received. However, most households are in California are not subject to a resource limit because they have either Categorical Eligibility or Modified Categorical Eligibility.

The Better for Families Tax Refund does not count as income for Medi-Cal Modified Adjusted Gross Income (MAGI) applicants or recipients. It will be considered property for non-MAGI Medi-Cal recipients.  Counties are reminded that the property limit for non-MAGI Medi-Cal is now $130,000 for one person and $65,000 for each additional person.

The Department of Health Services (DHCS) is seeking a federal waiver to exempt the Young Child and Foster Youth Tax Credit from being treated as income.

The CalWORKs program rules apply to RCA, ECA, and TCVAP programs, and they must follow the CalWORKs rule above both the Better for Families Tax Refund, and the Young Child and Foster Youth Tax Credits.

The Cash Assistance Program for Immigrants (CAPI) treats both the Better for Families Tax Refunds and the Young Child and Foster Youth Tax Credit in the same way as federal earned income refunds, and federal tax refunds are excluded from counting as income and from the resource limit.  (ACL 22-91, October 28, 2022.)