CalFresh / SNAP

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.)

Non-work Social Security Number request form for CalWORKs, CalFresh and CFAP

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The California Department of Social Services (CDSS) has issued a new form to use when helping non-citizens get a Social Security Number (SSN).

CalWORKs applicants must have a SSN or or submit verification of their request for a SSN within 30 days of the date of application.  Counties must assist individuals in this process.  If the applicant cannot submit an application for a SSN because necessary documentation is not available, the county must determine if good cause exists.

Social Security will accept the new Non-Work Social Security Number Request Form (GEN 2101).  A wet signature of an authorized county management official or designee is required.  Counties can develop their own form, but only the GEN 2101 has been approved by the Social Security Administration.

For CalFresh, households must provide the SSN of each household member pr must provide verification of application for a SSN prior to certification.  A non-work SSN satisfies this requirement.  Counties may grant good cause for failure or refusal to comply with this requirement.  Household members granted good cause are eligible for one month after the month of application.  After that, good cause must be shown monthly.  Counties must assist in obtaining verification of good cause.  Delays because of illness, temporary absence or lack of transportation are not good cause.

The California Food Assistance Program (CFAP) uses the same rules as CalFresh except that trafficking victims, crime victims, and domestic violence survivors are not required to have a SSN.  When CFAP is expanded to all individuals over age 55 regardless of immigration status, applicants who do not have a SSN will be evaluated for eligibility based on all other criteria.  (ACL 24-44, June 26, 2024.)

CalFresh work rules verbal script

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The CalFresh Work Rules Oral Script provides guidelines for county welfare departments (CWDs) to explain work rules to CalFresh recipients. Section 1 provides information on CalFresh Work rules which may vary by household. Section 2 only applies to households with a work registrant. The section communicates CalFresh work rules and how to receive CalFresh benefits. Section 3 only applies to households with able-bodied adults without dependents (ABAWD). The section communicates the work requirements for ABAWD’s including exemptions, punishments for non-compliance, and the process to regain CalFresh benefits within a 3 year period. Section 4 only applies to households if the county provides an employment and training program (E&T). The section provides information on the E&T voluntary program and must be introduced by CWD’s to household members considered work registrants. Section 5 is for questions raised during the oral explanation.

California currently has a waiver of the ABAWD rules, which means that, except for work registration, none of the ABAWD rules currently apply in California.  However, CWDs are still  required by federal regulation to provide a written and oral explanation of CalFresh work rules to eligible members. After submitting a CalFresh application, applicants are automatically registered for CalFresh work requirements. CalFresh work rules must be followed to ensure benefits are not decreased or stopped.

CDSS’ CalFresh work rules script explains the ABAWD rules.  CalFresh recipients are required to work at least 30 hours a week and cannot decrease hours worked unless they have a valid reason. Examples include being sick, caring for a child younger than 12 years old, working in unreasonable conditions, or physically being unable to work.

Recipients are excused from CalFresh work rules if they are:

  1. Under 16 years old or over 60, or
  2. Taking care of a child that is under 6 years old, or
  3. Taking care of someone with a disability, or
  4. Getting or applying for unemployment or disability benefits, or
  5. Going to school or a training program, or
  6. Meeting work rules for another program like CalWORKS, or
  7. Attending a drug abuse treatment program.

The first violation of CalFresh work rules results in a 1-month suspension of benefits. The second violation results in a 3-month suspension. A third violation results in a 6-month suspension of benefits. Once benefits are suspended, applicants must reapply and meet or be excused from the work rules to access benefits.

. ABAWD work requirements apply to people between the ages of 18 and 52 who don’t live with children under 18 years old and are physically and mentally able to work. Adhering to ABAWD work requirements allows recipients to keep CalFresh benefits for longer than three months in a three-year period. In order to maintain benefits, ABAWDs must work, volunteer, or participate in employment and training activities for at least 20 hours per week or 80 hours per month. Examples of work activities include a job, workfare, community service, volunteer work, or joining a training program. If ABAWDs begin working below 20 hours per week/80 hours per month, the county must be notified within 10 days. ABAWDs are exempt from work requirements in the following scenarios:

  1. Struggling with mental and physical health issues
  2. Experiencing homelessness
  3. Struggling with drug and alcohol problems
  4. Victims of domestic violence
  5. Living with a child under 18
  6. Pregnant
  7. Veteran
  8. Under 28 years old and were in foster care on their 18th birthday

If CalFresh recipients do not meet ABAWD work requirements for 3 months, they will lose benefits until the end of the 3-year period. To get CalFresh benefits again, recipients must reapply and meet or be excused from ABAWD work requirements.

If the county CalFresh recipients reside in has an employment and training program, CWDs are required to explain the program. The CalFresh employment and training program (E&T) helps recipients find and train for jobs. The program is voluntary and covers costs like transportation, childcare, tools, books, uniforms, and personal safety items. CalFresh recipients are not required to participate in the program to receive benefits.

After CWDs finish explaining the CalFresh work rules, recipients will be mailed all of the information discussed.  (ACL 24-42, June 14, 2024.)

 

 

EBT card replacement with chip/tap cards

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The California Department of Social Services (CDSS) has provided information about the replacement of current magnetic stripe EBT cards with chip/tap cards.  The new cards will be for CalWORKs, CalFresh, General Assistance, Refugee Cash Assistance (RCA), Trafficking and Crime Victims Assistance Program (TCVAP), Entrant Cash Assistance (ECA), Cash Assistance Program for Immigrants (CAPI), and Low-Income Home Energy Assistance Program (LIHEAP).  County equipment will be replaced in May, 2024.  New cardstock will be delivered to counties in May, 2024

In Summer, 2024, new chip/tap cards will be mailed to anyone with an active case, that is anyone who has accessed benefits in the last nine months.  The new cards will be mailed in three phases.  The first phase will be combined CalWORKs and CalFresh cases, GA, RCA, TCVAP, CAPI and LIHEAP.  The second phase will be cash-only benefits cases.  The third phase will be CalFresh only cases.

The existing PIN will carry-over to the new chip/tap card.  Cardholders will need to enter the PIN for each transaction with the chip/tap card.

SunBucks and Women, Infants and Children benefits will not be moved to the new chip/tap cards.

Counties should tell cardholders to use their replacement cards as soon as they receive them.  A successful transaction with the new card will activate it.  Cardholders can also activate their new card using the EBT Edge application, or by contacting the EBT customer service center.  Cardholders will have approximately 45 days after they receive their new card before their old magnetic stripe card will be unusable.

CDSS will monitor activation data and do direct outreach to cardholders who receive their new card but do not activate it.

Counties should refer questions to the EBT customer service center.

Any remaining magnetic stripe cards will be deactivated approximately 60 days after mass replacement is completed.  Cardholders who do not receive a new card can ask for their chip/tap card through the EBT Customer Service or the county.

Some retailers may not have equipment to accept chip/tap cards.  In most of those cases, the EBT card will need fall back to a magnetic stripe or manual key-in transaction.

Cardholders who are unhoused can have their replacement cards mailed to the county welfare department.  County welfare departments will get a list of cardholders who use the county welfare department mailing address for triage.  (ACWDL, June 24, 2024.)