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.)

 

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.)