CalFresh / SNAP

Compromise CalFresh overissuances for elderly or disabled households

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The California Department of Social Services has issued guidance regarding its compromise policy for households with elderly and/or disabled members.  Counties will compromise Administrative Error (AE) and Inadvertent Household Error (IHE) overissuances for active and inactive households that include at least one elderly and/or disabled household member.  AE and IHE claims for active and inactive households consisting solely of members who are elderly and/or disabled at the time of discovery of the claim will be reduced by 100 percent.  AE and IHE claims for active and inactive households that include at least one elderly and/or disabled household member and only an elderly and/or disabled household member is responsible for the claim will be reduced by 100 percent.  AE and IHE claims for active and inactive households that include at least one household member is elderly and/or disabled and one who is not and the non-elderly or disabled household member is responsible for the claim will be reduced by 50 percent.

The date of discovery is the date the county determined that an overissuance occurred.

For active and inactive cases, counties must use the most recently verified information to determine household composition at the time of discovery.

Household members who become elderly and/or disabled during collection of an overissuance are eligible for reduction.  The household must inform the county and verify their elderly and/or disabled status verified by the county to have their remaining overissuance claim reduced.

Counties are only required to inform households of a reduction if the household’s claim is reduced by 100 percent on an already established claim.  No notice is required if a household’s overissuance is reduced by 100 percent prior to establishment of the claim.  Counties must give notice to households of a 50 percent compromise and of the remaining overissuance balance.

The new policy does not affect claims already in collection.  However, households can request a reduction if they become elderly or disabled after the new policy is in effect.

This compromise policy does not apply to overissuances incurred while waiting for a unsuccessful hearing decision.

This policy is anticipated to become effective in Fall, 2022.  CDSS will issue final guidance when the implementation date is determined.  (ACL 21-118, September 30, 2021.)

UPDATE: Automation of the overissuance compromise policy and revised Notices of Action is expected to be completed by May 1, 2023, which is the final date that the policy can become effective.  (ACL 22-61, July 22, 2022.)

UPDATE: Automation of the overissuance compromise policy and revised Notices of Action is expected to be completed by September 1, 2023.  (ACL 22-61E, April 11, 2023.)

Two year timeframe to establish overpayment/overissuances

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Current California Department of Social Services policy limits establishment of CalFresh overissuances to three years prior to the date of discovery.  (See ACL 18-99.)  Effective July 1, 2022, or when automation can be completed, whichever is later, counties can only establish nonfraudulent CalWORKs overpayments and CalFresh overissuances for two years prior to the date of discovery.  The date of discovery is the date the county determined by computation that an overpayment or overissuance occurred.  The overpayment/overissuance is considered established as of the date of the initial demand letter or written notice.

When a valid overpayment/overissuance is established, any overpaid or overissued benefits paid more than 24 months prior to the date of discovery cannot be included in the overpayent/overissuance claim.

The 24 month timeframe does not apply to fraudulent overpayment/overissuances.  A fraudulent overpayment/overissuance is an Intentional Program Violation.  An Intentional Program Violation can only be established by an administrative disqualification hearing finding that fraud has occurred, a signed administrative disqualification waiver, a criminal prosecution, or a signed disqualification consent agreement.

Counties can reclassify nonfraudulent overpayments/overissuances if the county later determines that fraud occurred.  An Intentional Program Violation can include overpayment/overissuances beyond the 24 month limit.  When reclassification occurs, the county must issue a new notice of action.  (ACL 21-109, September 29, 2021.)

CalWORKS Income Reporting Threshold for the Federal Fiscal Year 2022

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The California Department of Social Services (CDSS) issued new amounts for the Income Reporting Threshold (IRT) for CalWORKs and CalFresh.

CalWORKs and CalFresh recipients do not need to report changes to their income between semiannual reports or annual recertifications unless their combined earned and unearned income increase to an amount over the IRT.

For persons who report income over the IRT, the county will determine if the reported income is anticipated to continue. If the income amount over the IRT is reasonably anticipated but not at a level that results in ineligibility, the grant amount will be recalculated.

If the income over the IRT makes the recipient ineligible, the county will discontinue benefits at the end of the month.

Recipients will be sent individualized notices to inform them of their new IRT amount.  (ACL 21-92.)

Statewide CalFresh Restaurant Meals Program

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Effective September 1, 2021, the CalFresh Restaurant Meals Program (RMP) is available statewide.  RMP allows elderly, disabled or homeless CalFresh recipients to purchase hot food at authorized restaurants.  Previously, 18 counties operated RMP.  The California Department of Social Services (CDSS) will operate RMP in counties that did not previously have it, and in counties that have chosen to transfer administration of their RMP to CDSS. CDSS’ administration includes vendor outreach and technical assistance, maintaining vendor agreements, supporting vendors in obtaining authorizes from the United States Department of Agriculture Food and Nutrition Service (FNS), and program monitoring.  CDSS will also be the RMP liaison between counties and FNS.

Counties that continue to administer RMP will need an outreach and marketing plan and outreach materials, will work with vendors and will enter into vendor agreements.  (ACL 21-100, August 27, 2021.)

Eligibility of Afghan Humanitarian Parolees for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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THIS POLICY IS SUPERCEEDED BY ACWDL December 2, 2021, summarized here, for federal benefits.

The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Afghan Humanitarian Parolees Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits.

Humanitarian Parolees are not eligible for Refugee Cash Assistance or any other Office of Refugee Resettlement programs.

Humanitarian Parolees are eligible for CalWORKs from the day they are paroled into the United States.

Humanitarian Parolees are not eligible for Supplemental Security Income (SSI) benefits.  Humanitarian Parolees are eligible for Cash Assistance Program for Immigrants.

Humanitarian Parolees are eligible for CalFresh only if they have been paroled into the United States for at least one year, and, among other factors, have lived in the United States for qualified aliens, have 40 quarters of qualifying work, or are children under age 18.

Humanitarian Parolees are eligible for the California Food Assistance Program when the have been paroled into the United States for one year or more.

Regardless of documentation provided, the county must submit these cases to the SAVE system for immigration status verification. (ACWDL, September 3, 2021 and Errata, September 17, 2021.)

Eligibility of Afghan Special Immigrant Parolees for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Special Immigrant Visa holders and special immigrant parolees in the SQ/SI categories (collectively called Special Immigrant Parolees) from Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits.

Special Immigrant Parolees are eligible for Refugee Cash Assistance, Refugee Medical Assistance and other Office of Refugee Resettlement programs.  A Social Security Number is not required to be eligible for these programs.

Special Immigrant Parolees and their families are eligible for CalWORKs effective on their date of entry to the United States.

Special Immigrant Parolees are eligible for Supplemental Security Income (SSI) benefits.  If for some reason Special Immigrant Parolees are found to be ineligible for SSI, the can be eligible for Cash Assistance Program for Immigrants.

Special Immigrant Parolees are immediately eligible for CalFresh.

Regardless of documentation provided, the county must submit these cases to the SAVE system for immigration status verification.  (ACWDL, August 30, 2021.)