The California Department of Social Services (CDSS) has changed its policy regarding CalFresh benefits stolen by electronic theft in accordance with the decision in Ortega v. Johnson. There are two types of electronic theft of benefits: skimming, which is use of electronic equipment to capture a recipient’s electronic benefits card, and scamming, which is deceiving a recipient to disclose their account information.

Recipients can report possible electronic theft by contacting the EBT Customer Service Helpline or contacting the county.  The report must occur within 10 days of the electronic theft.  Once the report is made, the recipient must complete the EBT 2259 report within 90 days of the electronic theft.  The recipient is not required to file a police report.  If the recipient does file a police report, they are not required to submit a copy of the police report.

CalFresh benefits stolen electronically cannot be replace more than twice in six months.  This does not include replacement because of household misfortune such as a mass replacement because of a power outage.  A skimming or scamming sequence over a series of transactions counts as one countable replacement.  The maximum replacement amount is one month of benefits.

Counties can deny replacement when the available documentation indicates that the replacement request is fraudulent, or the request for replacement is not for electronic theft.

Counties must refer a case for investigation when the claim is over $1,000 and the claim amount is more than the maximum monthly allotment for the household.  Counties can refer a case for investigation when more than two skimming claims are processed within a six month period.  Counties must refer a case for investigation and pend the replacement for up to 25 days when three or more electronic theft claims are filed within a 12-month period.

Replacement benefits do not count as income or a resource.  (ACL 21-133, October 29, 2021.)

Update: 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 reporting electronic theft must contact the county within 10 days of the loss, and file the EBT 2259 form with the county within 90 days of the loss. People no longer are required to file a police report to submit the form EBT 2259 and get replacement benefits.  (ACL 23-13, January 27, 2023.)

The Transitional Nutrition Benefit (TNB) is a food benefit for persons who had their CalFresh benefits terminated a when Supplemental Security Income (SSI) recipients became eligible for CalFresh and was added to the household in July, 2019.  TNB replaces some of those benefits that were lost.  

Previously California Department of Social Services (CDSS) policy required that households were required to recertify for TNB every six months, and benefits could be restored only if all documentation or information was provided in 30 days of the recertification deadline. 

Effective November 1, 2021, TNB recertifications are required every  12 months and the period to restore TNB benefits by submitting missing documentation is extended to 90 days.  Any household who submits their required documentation or information within the 90-day restoration period may have their TNB eligibility restored without proration back to the original date of discontinuance.

To allow time for the automation of the extension of the TNB restoration period, all TNB recertifications are paused beginning November 2021. This pause applies to households who receive November benefits, including those discontinued before November, and their discontinuance is rescinded due to the new 90-day rescind period or Administrative Hearing compliance. The recertification pause does not impact households who were recertified in October 2021.

If a household has recertification due in November 2021 and loses TNB Program eligibility for not providing documentation or information to continue program eligibility before November, counties must rescind the discontinuance of TNB program eligibility for the household. During the recertification pause, households will not be required to complete recertification to maintain eligibility. The pause will continue for two years or until the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement policy changes. 

Counties must publicize this change using mass change information practices, including but not limited to news and media outlet, posters in offices, or sites frequented by certificated households, notices mailed to households.

Counties should consider including a message on their websites, social media, Interactive Voice Response Systems, and other client communication tools to alert households of the new changes.  (ACL 21-131, October 26, 2021.)