CalFresh waivers for the end of the Public Health Emergency

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

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.)

February 2023 emergency CalFresh allotment and end of emergency allotments

California has been approved to issue an emergency allotment of CalFresh for February. 2023.  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 emergency allotment will be issued on March 26, 2023.

The February, 2023 emergency allotment will be the last emergency allotment.  Beginning April 2023, CalFresh benefits will return to the regular amount listed on the most recent notice of action.  All CalFresh recipients are mailed an informing notice regarding the end of the emergency allotment.  CDSS is also doing a communications campaign to inform CalFresh recipients about the end of the emergency allotments

Counties are reminded that there are several income deductions, allowances, and exclusions that can help maximize household allotments while minimizing the impact of the end of emergency allotments.  These deductions include the earned income deduction, self-employment deduction, standard deduction, excess shelter deduction, homeless shelter deduction, standard utility allowance, limited utility allowance, telephone utility allowance, dependent care deduction, standard medical deduction, excess medical expense deduction, and child support exclusion.    (ACWDL, February 2, 2023.)

Disaster CalFresh February 2023

The California Department of Social Services has issued guidance and information regarding implementation of Disaster CalFresh for the California winter storms.  Disaster CalFresh has been approved in waves.  Wave 1 is : Calaveras, Merced, Monterey, Sacramento, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, and Santa Cruz Counties.  Wave 2 is Contra Costa and Mendocino Counties, and Ventura County zip codes 93022, 93023, and 93001.  Wave 3 is Alameda 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 December 27, 2022 through January 25, 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.

For wave 1, the Disaster CalFresh application period is February 6-10, and February 14-15.  For wave 2, the application period is February 9-10, and February 13-15.  For Wave 3, the application period is February 21-24 and February 27 to March 1,  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.

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

If an online application does not have a phone number, or an applicant does not complete the interview when the county makes contact, the county must send the applicant a reminder notice.  (ACWDL, February 3, 2023,, February 8, 2023, and February 15, 2023.)

Additional extension of benefits eligibility for Afghan migrants

The California Department of Social Services (CDSS) has provided guidance about an additional extension of the arrival timeframe for Afghan Humanitarian Parolees and other persons who have left Afghanistan to be eligible for CalWORKs and CalFresh and refugee resettlement benefits.

Afghan Humanitarian Parolees, and their spouse and children, are eligible for benefits and services to the same extent as refugees. Persons are Afghan Humanitarian Parolees if they are citizens or national paroled into the United States between July 31, 2021 and September 30, 2023 (an extension of the original cutoff date first from September 30, 2022 and then from December 16, 2022). They are eligible from October 1, 2021 or the date they are paroled in the United States, whichever is later, to March 31, 2023, or the end of parolees’ parole term, whichever is later. Benefits that Humanitarian Parolees, and their spouse, children, parents or legal guardians are eligible for are Refugee Cash Assistance, CalWORKs, CalFresh, SSI, Refugee Support Services, and Services for Older Refugees. Counties should redetermine eligibility for benefits when parole has expired or by March 31, 2023, whichever is later.

Afghan Special Immigrant Visa holders, Special Immigrant Conditional Permanent Residents, and Afghan Special Immigrant Lawful Permanent Residents are eligible for public benefits to the same extent as refugees if their status is established between July 31, 2021 and September 30, 2023.

Effective November 21, 2022, Afghan parolees and their families with certain classes of admission are considered work authorized without waiting for their employment authorization. This allows them to enroll in Refugee Cash Assistance employment services. Their unexpired I-94 is sufficient to show employment authorization for 90 days after they are hired.

Afghan Humanitarian Parolees, and their spouse, children, parents and legal guardian, who are admitted into the United States between July 31, 2021 and September 30, 2023 are eligible for CalFresh. They are not subject to the five year waiting period for refugees. They are eligible until March 31, 2023.  (ACWDL, January 30, 2023.)

Changes to electronic benefits theft replacement form and policy

The California Department of Social Services (CDSS) has issued a new form EBT 2259 for reporting benefits stolen by electronic theft.

CDSS has also changed its policy about electronic theft.  People reporting electronic theft no longer need to contact the electronic benefits transfer vendor prior to submitting the form EBT 2259 to the county.  People no longer are required to file a police report to submit the form EBT 2259 and get replacement benefits.

Counties review the form EBT 2259 to ensure that the form is complete prior to submitting it to CDSS.  If the claim is for scamming benefits (people being tricked to give out the PIN to their EBT card), the county decides if the claim is consistent with typical scamming practices.  If it is not, the claim should be referred for investigation.

If the theft report is made timely (which is within 10 days of the theft, and submitting the EBT 2259 within 90 days), the county has 10 business days to issue benefit replacement.   The county has a duty to assist persons with the report within 10 business days.  If the county cannot process the form within 10 business days, it must issue replacement benefits.

If the county refers the case for investigation, the case can be pended for up to 25 calendar days.  (ACL 23-13, January 27, 2023.)