CalFresh / SNAP

Disaster CalFresh April 2023

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The California Department of Social Services has issued guidance and information regarding implementation of Disaster CalFresh for April, 2023 for the California winter storms and power outages.  Disaster CalFresh has been approved for Kern, Mariposa, Monterey, San Benito, Santa Cruz, Tulare, and Tuolumne Counties.

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.

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 April, 2023, is April 17, 2023 through April 21, 2023, and April 24, 2023 through April 25, 2023.  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 April 28, 2023..

Disaster CalFresh interviews should be done in-person when possible, but they can be done by phone.  (ACWDL, April 14, 2023.)

County requests for approval of exemption of Guaranteed Income project income for CalWorks and CalFresh

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The California Department of Social Services (CDSS) has issued a notice to describe how counties with Guaranteed Income (GI) projects can request that their programs be approved as CalWORKs GI Projects and therefore not be counted as income for CalWORKs and CalFresh. GI payments will count as income CalWORKs unless CDSS grants an exemption requested by the county.  Counties that would like to receive the CalWORKs exemption must submit the TEMP 3023 form.  County requests that GI not be counted as income for CalWORKs must include a comprehensive plan, a research plan and an Institutional Review Board approval.  CDSS will approve requests by formal order of the Director.  The order cannot extend beyond three years.

Note that CalWORKs Guaranteed Income Projects are different than California Guaranteed Income projects.  Income from California Guaranteed Income projects is also exempt for CalWORKs and CalFresh if the program including any private funding.

GI income will count for CalFresh unless any part of the GI payments are funded by a  nongovernment source, and the GI program is approved by CDSS. (ACIN I-35-22, April 14, 2022.)

AB 2300 changes to sanctions, exemptions and good cause and counting of Paid Family Leave

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The California Department of Social Services (CDSS) informs counties of changes in sanctions, exemptions, good cause, and counting of Paid Family Leave.

For CalWORKs, the first $225, and then one-half of remaining disability-based income is disregarded.  Effective October 1, 2024 or when automation is completed, whichever is later, disability-based income will include Paid Family Leave benefits.  Note that the $225 initial disregard amount will also increase when the addition of Paid Family Leave benefits as disability-based income occurs.

In addition, effective October 1, 2024 or when automation is completed, whichever is later any month in which a CalWORKs recipient receives Paid Family Leave benefits will not count towards the CalWORKs 60-month time on aid clock.  This exemption only applies to the CalWORKs time on aid clock and does not apply to the federal Temporary Assistance to Needy Families time on aid clock.

16 and 17 year olds who are required to attend school, and qualifying custodial parents under age 20 are exempt from Welfare-to-Work participation as long as they are attending school.  Previously, individuals lost this exemption if they stopped attending school.  Effective January 1, 2023, these individual can regain their exemption if they return to school.

Effective January 1, 2023, there are several new reasons for good cause for not meeting Welfare-to-Work requirements.  A CalWORKs recipient should be granted good cause for nonparticipation in Welfare-to-Work if anticipated hours of employment are unpredictable,  the recipient has one of list of labor or employment law violations, the recipients states they have experienced sexual harassment or other abusive conduct at work, or the recipient states that their rights under and federal, state or local labor or employment law were violated.  A recipient is not required to verify their statement, and is not required to reference any specific law.  These good cause reasons may not last longer than three months.

These good cause reasons also apply to CalFresh work requirements.  (ACL 23-30, March 22, 2023.)

Potential Intentional Program Violation policy

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The California Department of Social Services (CDSS) has issued a policy about potential Intentiional Program Violations (IPVs).  Counties can only establish nonfraudulent CalWORKs overpayments and CalFresh overissuances for two years prior to the date of discovery.  Any benefits paid more than 24 months prior to the date of discovery cannot be included in a nonfraudulent overpayment or overissuance claim.

A fraudulent overpayment or overissuance claim is a claim caused by an IPV.  An IPV can only be established by an administrative disqualification hearing, a signed administrative disqualification hearing waiver, a criminal court conviction, or a signed disqualification consent agreement.  If a county determines that a claim previously established as nonfraudulent is fraudulent, the county must reclassify the claim as an IPV and issue a new notice.

CDSS has created the potential IPV claim for cases where the county believes there is an IPV, and the claim is beyond the 24-month establishment period.  When the county creates a potential IPV claim, there will be two claims on the case, the nonfraudulent claim and the potential IPV claim.  Collection on the potential IPV claim must be immediately suspended.

IPV claims are limited to six years before the date of discovery.

If a potential IPV claim is substantiated through either criminal prosecution or the administrative disqualification hearing process, the county must change the potential IPV to an IPV.  If a potential IPV is not substantiated through either criminal prosecution or the administrative disqualification hearing process, the county must delete the potential IPV claim.

Starting March 1, 2023, if a county investigation reveals sufficient evidence to refer the case for either criminal prosecution or an administrative disqualification hearing, the county must send a potential IPV informing notice to inform the client of the potential IPV amount beyond the 24-month period. (ACL 23-19, February 2, 2023.)

CalFresh waivers for the end of the Public Health Emergency

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California has been approved for three federal waivers to assist with the end of the federal COVID-19 Public Health Emergency.

California has a waiver for address changes that will be effective from April 1, 2023 to March 31, 2024.  Under the waiver, if a county receives a verified change of address, but does not receive updated shelter cost information, the county will not change the household’s shelter cost.  The county must send a notice encouraging the household to report any changes in shelter costs.  The county must also ask about shelter cost at the household’s next recertification or periodic report.  If the county believes the change of address information is questionable or unclear, the county must respond to the information as required in 7 C.F.R. 273.12(c)(3).

The waiver of the initial application and recertification interview is extended until March 31, 2024.  As part of the waiver extension, starting April 1, 2023 or upon completion of automation, counties must send a written explanation of simplified reporting to all households; provide a verbal explanation of the work requirement if the county contacts the household or the household is subject to mandatory employment and training; send a written notice to all households subject to the general work requirements, the Able-Bodied Adults without Dependents work requirements, and mandatory employment and training; and screen all households for exemptions from work requirements and the Able-Bodied Adults without Dependents work requirements.

The waiver of the recording requirement for telephonic signatures for initial applications and recertifications is extended to March 31, 2024. (ACWDL, March 28, 2023.)

Treasury Offset Program and Franchise Tax Board Intercept for CalFresh overissuances

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The California Department of Social Services (CDSS) has issued guidance on suspending collection of CalFresh overissuances by Treasury Offset Program (TOP) and Franchise Tax Board Intercept.  TOP is the federal program to collect overissuances from federal tax refunds or other federal benefits such as Social Security.

When an individual has an overissuance that becomes delinquent, it is referred to both TOP and the Franchise Tax Board for collection.  After three years, TOP is the only method that can be used to collect on CalFresh overissuances.  However, if the individual goes back on CalFresh, the overissuance can be collected by grant reduction.  In that instance, the case must be removed from TOP and Franchise Tax Board because grant adjustment is the only allowed method of collection.

If the individual stops receiving benefits, the case is then returned to TOP for collection as long as the case is delinquent.  The case is considered delinquent until the individual establishes or resumes a repayment agreement, the individual makes a satisfactory payment, the individual pays the entire debt, or, the individual begins receiving CalFresh again.

CDSS states that if an individual stops receiving CalFresh, the county can also reactivate collection by the Franchise Tax Board.   (ACL 23-07, January 11, 2023.)