CalFresh / SNAP

Treatment of CalKIDS accounts

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In 2019, the passage of SB 77 provided one-time state funding to create CalKIDS, a qualified scholarship program. It opens a college savings account for every newborn child in California regardless of income. CalKIDS will provide an initial seed deposit of at least $25 in each savings account and other potential financial awards to participants. In 2021, the passage of the American Rescue Plan Act significantly expanded the program to include an additional 3.7 million low-income public school students in grades 1 through 12 who qualify for free or reduced lunch, are homeless, or are in foster care. Eligible students receive an initial seed deposit of $500. Later in 2021, CalKIDS clarified eligibility to include students attending state special schools.  The CalKIDS expansion was implemented on July 1, 2022. 

College Savings and CalKIDS Accounts allow families to save and invest money for their children’s future higher education expenses. Savings withdrawn from a CSA program that utilizes a 529 college savings account, such as CalKIDS, are not subject to federal or state taxes if they are used for qualified higher education expenses. 

Because CalKIDS Accounts are owned by the State and are not available to the Assistance Unit (AU) are not counted as income or resources for CalWORKs purposes. Any funds, including funds deposited and investment returns, originating from a CalKIDS account will not be considered in the eligibility determination or grant calculation for CalWORKs applicants or recipients. 

CalKIDS Accounts are entirely excluded as income or resources for the CalFresh and California Food Assistance Program CalKIDS shows accounts must be excluded from income and resources entirely. 

CalKIDS does not count as income for CalWORKs Homeless Assistance Program (HA) and the CalWORKs Housing Support Program (HSP) because they are CalWORKs programs.  CalKIDS also does not count as income when determining eligibility for assistance provided by other Housing and Homelessness Programs, including Project Roomkey/Homelessness COVID Response, Bringing Families Home, and the Housing and Disability Advocacy Program.

CalKIDS accounts do not count as income for CalWORKs Stage 1 Child Care.  For other child care programs,  CalKIDS accounts are not considered countable income because they are owned by the state.. CalKIDS funds that are withdrawn and not utilized for educational purposes may be considered countable income if not excluded on some other basis.

The impact of CalKIDS on RCA/ECA and TCVAP follows the income and assets eligibility and administration rules of the CalWORKs program unless specifically superseded by RCA regulations. The eligibility criteria for ECA and TCVAP Cash Assistance states benefits shall be the same as those for RCA, with certain exceptions. These CalWORKs regulations regarding the treatment of CalKIDS accounts and funds also apply to RCA, ECA, and TCVAP recipients.

CalKIDS accounts are not counted as a resource for SSI/SSP or CAPI because they are owned by the state.  Distributions that are used for educational expenses of the designated beneficiary are excluded as a resource in the month received, and if retained beyond the month of receipt, they are excluded for 9 months beginning with the month of receipt. However, since the funds will be distributed directly to the higher education institutions on behalf of the participants to pay for qualifying higher education expenses and not retained by the beneficiary, the distributions will likewise not be considered a resource to the beneficiary.  (ACL 22-79, October 4, 2022.)

COVID-19 CalFresh emergency allotment for October, 2022

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California has been approved to issue an emergency allotment of CalFresh for October, 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 emergency allotment will be issued on November 20, 2022 for CalWIN counties and November 27, 2022 for CalSAWS counties.

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, October 11, 2022.)

Cuban and Haitian Entrant eligibility for benefits programs

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The California Department of Social Services has issued information regarding eligibility of Cuban/Haitian entrants for public benefits programs. 

Cuban/Haitian entrants may be eligible for Entrant Cash Assistance (ECA),. This refers to federally funded cash assistance available to those who do not meet the categorical requirements of other state/federal cash assistance programs. ECA follows the rules of the Refugee Resettlement Program. ECA applicants are not required to have a Social Security Number.

Cuban/Haitian entrants can be eligible for CalWORKs upon entry into the United States.  They must submit proof of applying for a Social Security Number within 30 days or have good cause for not applying for a Social Security Number.  Cuban/ Haitian Entrants who apply for or receive CalWORKs must be eligible for Homeless Assistance or the Housing Support Program (HSP). Cuban/Haitian Entrants can be eligible for Project Roomkey, the Bringing Families Home (BFH) program, the Housing and Disability Advocacy Program (HDAP), and/or the Home Safe program if they otherwise meet the eligibility requirements for each program.”

Cuban/Haitian entrants can be eligible for CalFresh immediately without a waiting period. Non-citizens who are eligible based on immigration status must meet all other requirements. These individuals are not eligible for the California Food Assistance Program while Entrant status is in effect because they are eligible for CalFresh.. 

Cuban/Haitian Entrants who are aged, blind, or disabled and meet income limits, may be eligible for SSI/SSP. Entrants are eligible for SSI for seven years. A Cuban/Haitian Entrant who is found ineligible for SSI because of their immigration status can be eligible for CAPI.

Cuban/Haitian Entrants who become eligible for ECA must meet work registration requirements.  Cuban/Haitian Entrants who do not have work authorization should be enrolled in services to help achieve self sufficiency.   (ACIN I-63-22, September 20, 2022.)

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 December 31, 2022.

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, September 26, 2022.)

CalFresh verification of Social Security Numbers for newborns

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The California Department of Social Services (CDSS) has issued a clarification regarding verification of Social Security Numbers for newborns for CalFresh purposes.  CalFresh recipients may voluntarily report changes in household composition at any time during the certification period, and the change must take effect next month. When the change is reported too late in the month to increase benefits for the next month, , the County must issue supplemental benefits.

All CalFresh applicants must provide their Social Security Number (SSN) or proof of SSN application prior to certification. However, a newborn baby is exempt from this requirement for six months. If the household is unable to provide a SSN or proof of applying for a SSN for a newborn, the County must determine if there is a good cause for non-compliance and, if good cause is found, approve an additional month’s benefit. The County must review information from multiple sources, including the family member and the Social Security Administration, and must accept documentary evidence of the SSN application.

If the household cannot provide an SSN when they apply for CalFresh for the newborn, the child is eligible until the next recertification or six months after the application, whichever is later. If the recertification is earlier, the county must send the family a Request for Verification Form (CW 2200) six months after benefits are granted.  The family will have ten days to respond to the request for verification.  If the recertification is more than six months after benefits are granted, the county must request the child’s SSN during the recertification process.  If the household does not provide the child’s SSN, the child will be excluded from the CalFresh household unless there is good cause for the newborn not having a SSN.

A new baby must be added to the CalFresh program one month after verbal communication of the newborn and date of birth. Counties cannot require the household to complete an application form to add the newborn to the CalFresh household.  (ACIN I-54-22, July 22, 2022.)

CalFresh student eligibility based on local programs that increase employability

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The California Department of Social Services (CDSS) has issued updates regarding the assessment and approval process of campus based Local Programs that Increase Employability (LPIE) for the CalFresh program.

In general, persons who are enrolled at least half-time in an institution of higher learning are ineligible for CalFresh.  There are several exceptions to this rule which allow college students to be eligible for CalFresh.  One of those exceptions is the student is participating in an employment and training program operated by a state or local government which has one or more components that are equivalent to a CalFresh Employment and Training Component.  Those components include Adult Basic Education, Career & Technical Education, English Language Acquisition, Work Readiness Training, and Work Experience.  CDSS determines whether a state or local program qualifies under this definition.

Campus based programs that meet these requirements must submit an application to CDSS on or before September 1, 2022.  Counties will no longer participate in the process of identifying campus based LPIEs. CDSS has a list of approved programs on its website.  After September 1, 2022, the list will be updated monthly to identify new programs, newly qualifying programs and previously approved programs that no longer meet the criteria.

CDSS has determined that Campus Based Employment and Research and Teaching Assistantship Program always meet the criteria for being considered LPIEs and therefore students in those programs are eligible for CalFresh benefits.  Students enrolled in Workforce Innovation and Opportunity Act will continue to eligible because those students have a different exemption from the student rule.

Programs at private institutions are no longer eligible for LPIE status because the programs must be operated by a state or local government.  Previously approved programs at private institutions are removed from the approved list effective September 1, 2022.  Students who are already enrolled in those programs and are receiving CalFresh on that basis must remain eligible for the length of their certification period.  Student eligibility status must be reassessed at the student’s next recertification.

Most state-funded and foster youth programs previously approved as LPIEs will be removed from the approved list.  These programs will need to be individually assessed and approved as meeting the criteria to be LPIEs.  Programs that were previously approved that now must be individually identified and assessed as having a component equivalent to a CalFresh Education and Training component include:  Extended Opportunity Programs and Services (EOPS), Educational Opportunity Program (EOP),  Disabled Students Programs and Services (DSPS) & Student Academic Services (SAS), Cooperative Agencies Resources for Education (CARE) Program, McNair Scholars Program, Mathematics, Engineering, Science Achievement (MESA) Program, Unaccompanied Refugee Minors (URM) Program, Guardian Scholars Program, Foster Youth Success Initiative (FYSI), Cooperating Agencies Foster Youth Educational Support (CAFYES), Chafee Education and Training Voucher (ETV) Program, and Extended Foster Care (AB 12/AB 212).  Students who are already enrolled in those programs and are receiving CalFresh on that basis must remain eligible for the length of their certification period.  Student eligibility status must be reassessed at the student’s next recertification.

Students who are enrolled in a LPIE should be informed by their campus that they meet an exception to the student eligibility rule.  If a student states, verbally or in writing, that they are enrolled in a program that is on the list of approved LPIEs, counties should exempt the student from the student rule unless that information is questionable.  If the information is questionable, acceptable verification can include, a transcript, an email from an instructor, verbal affirmation from a campus official, or  targeted outreach emails from campuses to LPIE enrollees.  If a program does not appear on the LPIE list, counties must explore whether the student is enrolled in another LPIE or meets another exemption from the student rule before determining that the student is ineligible for CalFresh.  (ACL 22-46, June 3, 2022.)