Additional CalFresh Income Exclusions including Guaranteed Basic Income

The California Department of Social Services (CDSS) has informed counties about changes to CalFresh income exclusions.  Effective December 1, 2021, student loans and grants excluded for CalWORKs must also be excluded for CalFresh.  The CalWORKs exclusion is all needs-based education grants for undergraduate students, all awards and scholarships for dependent children, any grants when it is verified that the proceeds are not available to meet current needs, and any loans not otherwise excluded that have a written agreement specifying obligation to repay and a repayment plan.

Effective December 1, 2021, payments from CalWORKs approved Guaranteed Income projects and pilots that have any amount of private funding must also be excluded as income for CalFresh.  CDSS will identify these projects.  In addition, income from projects funded by the California Guaranteed Income Pilot Project will be excluded if CDSS determines that they payments are funded by any amount of non-governmental funding.

Counties must apply these changes to application received on or after December 1, 2021.  For ongoing CalFresh households, these income sources must be excluded at the household’s next periodic report, recertification or when voluntarily requested by the ongoing household.

Excluded income is not a mandatory verification unless questionable.  To be considered questionable, information on the application must be inconsistent with the applicant’s statements or other information the county has.  This decision must be based on the household’s individual circumstances.  (ACL 21-137, November 12, 2021, and ACL 21-137E, April 1, 2022.)

Changes made to the Transitional Nutrition Benefit (TNB) Program recertification

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.)

 

COVID-19 CalFresh emergency allotment for November, 2021

California has been approved to issue an emergency allotment of CalFresh for November, 2021.  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 new $95 minimum.

The emergency allotment will be issued on December 5, 2021 for CalSAWS counties and December 12, 2021 for CalWIN counties.  The emergency allotment can be issued manually if a household should have received the emergency issuance through the batch process but did not.

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, November 16, 2021.)

CalFresh Mid-Period actions

The California Department of Social Services (CDSS) has provided guidance regarding action on information received mid-period for CalFresh.

In general, the county must act on mid-period change that would increase benefits and must not act on mid-period information that would decrease the household’s benefits.  The county must act on the following mid-period information that decreases benefits: the household voluntarily asks that the case be closed, the county has information that is considered verified upon receipt, a household member has been identified as a fleeing felon or parole violator, there has been a change in the household’s CalWORKs, SSI or general assistance grant, and the county certifies that a member of the household has received substantial lottery or gambling winnings (defined as equal to or greater than the CalFresh resource test in a single game or bet).

There are three changes that must be reported within 10 days: gross monthly income over the income reporting threshold, reduction in work hours below average 20 hours per week for persons subject to the Able Bodied Adults Without Dependents time limit, and receipt of substantial lottery or gambling winnings.

The county must also act on certain mass changes mid-period.

The county must ensure that mid-period changes that are reported but not acted on are reported on the household’s next SAR or recertification.

When a household reports a change that results in benefits increase, the change must be effective no later than the first allotment issued 10 days after the change was reported.  There are only two situations when the county must issue a supplement to increase benefits when a change is reported too late in the month to increase the household’s next monthly benefit amount: when there is an increase in benefits because of a new household member, and when there is a decrease of more than $50 in the household’s monthly income.

In cases where the county requires verification to act on the change that would result in increased benefits, the county must inform the household in writing of the additional verification needed and that failure to provide the verification will result in no change to benefits.  If the household does not provide the verification within 10 days but provides it later, the time to take action on the change runs from the date of the verification.  The county cannot require verification of changes in income if the income source has not changed, and the change is less than $50, unless the information is incomplete, inaccurate, inconsistent or older than 60 days.

Households certified with income between 131 and 200 percent of the federal poverty level do not have a mandatory mid-period income reporting requirement because they already have met their income reporting threshold reporting requirement.

Counties must act mid-period on one of 10 changes whether it increases or decreases benefits.  One of those categories is information that is verified upon receipt.  To be verified upon receipt, the information must be obtained from the primary source, complete, not questionable, and requires no further verification. There are 13 categories of information that is considered verified upon receipt.

The county must follow up on information that is unclear, which is when the county cannot readily determine the effect on the household’s eligibility or benefit amount.  The county must follow up on unclear information by sending a CW2200 request for verification form if it is less than 60 days old and was required to have been reported, or if the unclear information presents significantly conflicting information form that used by the county at initial certification or recertification.  If the unclear information is more than 60 days old, the county cannot act on it.

The county does not need to act on information reported for another program, does not result in a change for the other program, but would decrease CalFresh benefits.  (ACL 21-101, October 15, 2021.)

County welfare department access requirements

The California Department of Social Services has issued guidance on county welfare department access requirements.  County welfare departments must implement procedures that ensure members of the public, including those with disabilities, are notified of and have access to county welfare department programs.  Counties must conduct an annual review of the hours of operation of public offices to ensure that the needs of recipients, including those who work, are adequately met.

Regular business hours are defined as a minimum of 8 hours per day, except Saturdays, Sundays and holidays.  Counties maintain an office that is open to the public that offers basic certification services during regular business hours, including accepting applications, interviewing applicants, and accepting notice of change in household circumstances. Counties can implement risk reduction measures because of COVID-19 in accordance with local county health orders, such as limiting capacity in lobbies and social distancing.

If counties must close for health and safety reasons during regular business hours, counties must

  • Make applications available and provide the opportunity to file applications for and receive benefits within legally mandated time frames, including expedited CalFresh, immediate need CalWORKs, and homeless assistance. This includes availability of application in all threshold languages for that office.  Counties must maintain sufficient staff to accept and act upon all applications, and/or maintain a local telephone service with sufficient staff to accept and act upon all applications as if the request had been made in person at the county welfare department office.
  • Provide a drop-box, mail slot or other means to file applications. Applications are assumed to be filed on the date the office is closed.  The county must have a method to give a receipt on request.
  • Inform callers to the county main telephone line of the working days or hours of the regular working day, when offices will be closed, procedures for obtaining and filing applications when offices are closed, and procedures for applying for expedited CalFresh, immediate need CalWORKs, and homeless assistance while offices are closed.
  • Post notices in prominent locations within the county welfare department offices and in the public areas, including the doors immediately outside of the office, which inform the public when offices will be closed, procedures for obtaining and filing applications when offices are closed, and procedures for applying for expedited CalFresh, immediate need CalWORKs, and homeless assistance while offices are closed and the right to a receipt of hand delivered documents. (ACIN I-83-21, October 5, 2021.)

COVID-19 CalFresh emergency allotment for October, 2021

California has been approved to issue an emergency allotment of CalFresh for October, 2021.  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 new $95 minimum.

The emergency allotment will be issued on November 14, 2021.  The emergency allotment can be issued manually if a household should have received the emergency issuance through the batch process but did not.

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 14, 2021.)