CalFresh / SNAP

Use of CDSS interpreter services and confidentiality agreement form

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The California Department of Social Services (CDSS) has issued new guidance and instruction regarding county use of the CR 6181 Interpreter Services Statement and Confidentiality Agreement form.  The CR 6181 must be used when individuals with limited English proficiency use their own verbal interpreter, or when deaf and hard of hearing persons use their own sign language interpreter.

The CR 6181 informs people of the possibility of communication errors when they use their own interpreter.  It also informs that their interpreter may need to interpret sensitive and personal information, and the county cannot guarantee that the client provided interpreter will maintain confidentiality.  The CR 6181 does not replace the GEN 1365 Notice of Language Services form.  Counties must not compel, encourage, or require an applicant/recipient to use their own interpreter, or discourage use of a county provided interpreter.

After a county is informed that an applicant/recipient needs an interpreter, the county must offer free county-provided interpretation at each substantive client contact.  When an applicant/recipient decides to use their own interpreter after being offered a free interpreter, counties must use the CR 6181.  The CR 6181 is consent and a release of information which allows the applicant/recipient to use their own interpreter.

The county must not rely on the client-provided interpreter to help the individual understand or complete the CR 6181.  The county must use a county-provided interpreter for questions about the CR 6181 form.  A new CR 6181 form must be completed if the prior CR 6181 is more than one year old, or the applicant/recipient is using a different interpreter.  The county cannot use the applicant/recipient provided interpreter without a completed CR 6181.

For communication by telephone, counties must accept the CR 6181 by telephonic signature or another form of agreement.

Minors can only be used for interpretation temporarily and only until the county provides an interpreter.  Because use of a minor is temporary, a CR 6181 is not needed when a minor acts as an interpreter.

Counties must inform applicants/recipients of their right to free interpretation.  The county cannot conduct substantive, program related  (ACL 24-68, October 17, 2024.)

 

Changes to CalFresh electronic theft policy

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Electronically stolen CalFresh benefits are currently replaced with federal funds.  However, federal funding for this purpose expires on December 20, 2024.  If Congress does not act, replacement for electronically stolen food benefits will be from state funds starting on December 21, 2024.  Current policy about replacing electronically stolen CalFresh benefits will not change.

CalFresh recipients are, and will continue to be, eligible to receive up to two months of replacement food benefits for each countable replacement of electronic theft.  A countable replacement is each overall sequence of electronic theft transactions reported by a recipient on the EBT 2259 form, regardless of the number of transactions involved.

All transactions that occur within 90 days and are listed on the same EBT 2259 form will be considered one countable replacement unless the county suspects, based on the information on the EBT 2259 form, that there were two series of thefts in the 90-day period.  In that case, the county must contact the customer.  Indicators that there are separate incidents of theft include thefts the occurred in different states, thefts that are across multiple months, and thefts in which there are weeks between the dates of the transactions.  In these situations, households cannot be required to submit another EBT 2259 form.  The county worker must document in the case record and inform the household why two countable replacements were issued.

A household cannot receive more than two instances of replacement benefits each federal fiscal year (October 1 to September 30).   (ACL 24-62, August 23, 2024 and ACL 24-62E, September 30, 2024.)

Increase in CalFresh Standard Medical Expense Deduction

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California currently has a Standard Medical Expense deduction of $120 per month under a project scheduled to last until September 30, 2025.  This means that households with an elderly or disabled get a standard medical deduction amount of $120 per month if they can verify at least $35 per month of medical expenses.

Effective October 1, 2024, the Standard Medical Expense deduction will increase to $150 per month.  This means that households with an elderly or disabled member and between $35 and $185 of medical expenses per month will get a standard $150 per month deduction.  Households with over $185 in medical expenses will be able to deduct their actual medical expenses.

To pay for this increase in the Standard Medical Expense deduction, the Standard Utility Allowance offset will increase from $3 to $4 per month for all households starting October 1, 2024.

Failure to verify medical expenses is not a basis to deny or discontinue a case.  If a household does not verify medical expenses, they will not get the medical expense deduction.  The county must help applicants and recipients to get verification.

Eligible households must be informed about the new medical expense dedication amount and how to claim the medical expense deduction at both application and recertification. (ACL 24-59, August 16, 2024.)

Benefits eligibility for citizens of freely associated states

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Effective March 9, 2024, citizens of the Compact of Free Association states of Micronesia, Palau, and the Marshall Islands are eligible for federal Supplemental Nutrition Assistance Program benefits (CalFresh in California).  This population is not subject to a waiting period and is immediately eligible for benefits.

State agencies must verify the immigration status of this population using the Systematic Alien Verification for Entitlements (SAVE) system.

Members of this population who applied for Supplemental Nutrition Assistance Program benefits on or after March 9, 2024 and were denied may reapply to be determined eligible from the date of reapplication.  In addition, people who applied and were denied can request a hearing within 90 days of the denial[1] and if the Administrative Law Judge determines that the household was eligible at the time of application, benefits can be issued retroactive to the date of application.

As a best practice, states should track members of this population who were denied benefits on or after March 9, 2024 and do outreach to encourage them to reapply or request a hearing.

Citizens of the Compact of Free Association states of American Samoa and the Northern Mariana Islands remain ineligible for Supplemental Nutrition Assistance Program benefits.   (FNS Memo, July 12, 2024.)

The California Department of Social Services has now issued a policy that mirrors the FNS memo except that when the date of denial is within 30 days, counties must reopen the application and process it in accordance with the new rules.  (ACL 24-61, August 21, 2024.)

NOTE:  Citizens of the Compact of Free Association states of Micronesia, Palau, and the Marshall Islands are now also eligible for Medicaid.  (P.L. 118-42, Section 209(f)(1).)

[1] In California, that 90 day deadline can be extended to 180 days for good cause, and the 90 time limit does not begin to run if the denial notice does not meet legal requirements.

Benefits extension for Ukranian Humanitarian Parolees

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President Biden’s signing of The Ukraine Security Supplemental Appropriations Act, expanded resettlement assistance provided by The Office of Refugee Resettlement (ORR) to displaced Ukrainians and non-Ukrainians paroled to the U.S. The ORR updated its eligibility criteria and mainstreamed federal benefits for refugees.

The ORR identified 4 categories (A-D) of individuals displaced from Ukraine who are eligible for resettlement assistance and other benefits. Category A includes Ukrainian citizens or nationals paroled into the U.S. by the DHS between February 24, 2022, and September 30, 2024 (extended from September 30, 2023), for humanitarian reasons. Category B includes non-Ukrainian individuals who last habitually resided in Ukraine and who the DHS has paroled into the U.S. between February 24, 2022, and September 30, 2024 (extended from September 30, 2023). Category C includes spouses or children of those in categories A or B who were paroled into the U.S. after September 30, 2023. Category D includes parents, legal guardians, or primary caregivers of unaccompanied refugee minors or children from sections A or B, paroled into the U.S. after September 30, 2023.

Eligible Ukrainian parolees who enter the United States with parole between February 24, 2022 – September 30, 2023, date of eligibility is May 21, 2022, or date of parole whichever is later. For those who enter the United States between October 1, 2023 – September 30, 2024, their date of eligibility is April 24, 2024. These parolees remain eligible for ORR benefits and services until their terms end or they obtain a different status.

UHPs are exempt from their financial supporter’s income being used to determine eligibility for benefits. UHPs who apply for and receive Temporary Protected Status (TPS) remain eligible for ORR benefits. However, if an individual only has TPS they are not eligible for benefits.

To qualify for Refugee Cash Assistance (RCA) UHP’s must meet all eligibility requirements. CWDs must determine eligibility by reviewing immigration documents, the date of humanitarian parole, and other program-specific information. UHP applicants are also exempt from certain types of income and resource requirements. Additionally, UHP are not required to provide SSNs but if they choose to do so, they must be notified that providing it is voluntary along with information on how it will be used.

Eligible UHPs can receive federally funded CalWORKs benefits without the five-year restriction on public benefits and should be evaluated for state-funded assistance if necessary. UHPs should provide proof of SSN application within 30 days of applying for benefits. This requirement can be avoided if the county determines that good cause exists. Applicants are also subject to provisions of the Child Support Enforcement Program but can claim good cause if participation is not in the best interest of the child.

UHPs granted parole between February 24, 2022, and September 30, 2023, became eligible for CalFresh on May 21, 2022. UHPs paroled into the United States between October 1, 2023, and September 30, 2024, become eligible for CalFresh on April 24, 2024, or their date of parole whichever is later. UHPs paroled between October 1, 2023 and April 23, 2024 for the California Food Assistance Program (CFAP) if they have parolee status of one year or more.

UHPs who are aged, blind, or disabled and meet income and resource limits may qualify for SSI/SSP through the SSA. Counties should issue RCA benefits until SSI/SSP benefits are granted.  UHPs who qualify are also exempt from employment services.

CWDs are directed to review all denied applications submitted by potential UHPs on or after April 24, 2024, and determine if they are now eligible per the updated policy. If they are found to meet eligibility the CWD must retroactively provide approval for benefits.  (ACWDL, June 28, 2024.)

 

New rule for CalWORKs treatment of guaranteed income

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The California Department of Social Services has provided guidance about new rules for about counting Guaranteed Income (GI) payments as income for CalWORKs.  A GI payment is one or more unconditional cash payments issued from a program intended to support the basic needs of recipients and disrupt poverty.  An unconditional payment means that there are no restrictions on how GI participants use that money.

GI payments are now exempt from being considered income or resources for CalWORKs. Counties must exempt any direct GI payments made to CalWORKs applicants and for recipients at Semi-Annual Report (SAR 7), annual redetermination, or when reported to the county

CalWORKs applicants must submit a verification form for GI participation, SAR 7 and annual redetermination. Verification can include but are not limited to, award letters, and bank statements. Counties are encouraged to inform GI programs and their participants of verification requirements. If GI recipients are having problems verifying GI income, counties can contact the GI programs on their behalf by obtaining a release of information.

CalFresh income exemption policy is unchanged. Direct payment from GI programs are exempt from being considered income when the payment contains any amount of non-governmental funds. Payments from GI programs that do not contain any amount of non-governmental funds are considered income for CalFresh.

Verification is needed for CalFresh intercountry transfers, childcare, and Tribal TANF.  Award letters used for verification should include a statement about whether there are any non-governmental funds used for each direct payment.  GI payments which are determined exempt from being considered income for CalFresh do not require additional verification. If the county cannot determine if the GI income is exempt, the county must use documentary evidence as the primary source of verification. Collateral contacts or a written sworn statement may be used when documentary evidence cannot be obtained or is insufficient to determine if the GI income is exempt.

When a GI program participant moves to another county and continues to receive GI payments, any GI payments that were exempt in the sending county must continue to be exempt in the receiving county.  (ACL 24-09, February 28, 2024.)