Effective immediately, exemptions from the CalFresh student eligibility rule are now no longer mandatory verifications. Counties must only require verification that a student meets an exemption when information provided by the household is questionable or when a student’s claim of physical or mental unfitness is not evident to the county.

A student is defined as any person who is enrolled at least half-time, as defined by the institution, at an institution of higher education. A student must be determined ineligible to participate in CalFresh unless they meet at least one exemption. Students who are enrolled less than half-time in courses are not considered a student for CalFresh purposes and do not need to meet an exemption. Exemptions include but are not limited to:

• Working 20 hours a week or 80 hours a month
• Attending school as part of an employment and training program
• Attending school as part of a program to increase employability
• Being a TANF-funded benefit recipient
• The student is physically or mentally unfit

Previously, the county verified all exemptions, but now must only verify exemptions from the student eligibility rule in questionable cases or when a student’s physical or mental unfitness is not evident to the county. When verifying exemptions, the county must follow existing guidelines.

Information is considered questionable when the application differs from the applicant’s statements or other information received by the county. The county must document why the information is questionable, or where in the case file the inconsistency exists and what documentation was used to resolve the inconsistency.

Verification for physical or mental unfitness is required when the unfitness or disability is not evident to the county. Verification can be provided by any medical health professional or the applicant’s case manager.

Counties must review relevant information during the application and reapplication process to mitigate the occurrence of errors and variances. (ACL 21-58, May 21, 2021.)

The California Department of Social Services (CDSS) has issued information regarding changes to CalFresh Employment and Training (E & T) because of the 2018 Farm Bill.

CDSS previously implemented the 2018 Farm Bill provision requiring counties to consult with Local Workforce Development Boards when designing their E & T programs. Beginning in fiscal year 2022, counties may consult with private employers or employee organizations in lieu of Local Workforce Development Boards if they can demonstrate it is more effective or efficient.

Beginning in fiscal year 2022, counties that are providing CalFresh E & T services can offer subsidized employment as a work experience activity.  This means that wages can be paid to participants who engage in work experience and wage costs may be claimed as an allowable CalFresh E & T expense.

Effective October 1, 2021, E & T providers can make a determination that a participant is not a good fit for a particular E & T component.  If the providers makes this determination, the county must decide if the individual should continue to participate in E & T.  If the provider determines they have a more suitable placement, the county can either require the provider to refer to participant back to the county, or allow the provider to switch the individual to the other placement without a referral.

When the county receives a determination that a participant is not a good fit, the county must, no later than the participants next recertification, either: refer the individual to another appropriate E & T component, refer the individual to a workforce partnership, reassess the physical and mental fitness of the individual, or coordinate with other workforce or assistance programs to identify other work opportunities or assistance.

By October 1, 2021, all counties must provide a written notice and verbal explanation of all applicable work requirements to all individuals subject to any CalFresh work-related policy. This new notice must be provided to all ABAWDs subject to the time limit at application, recertification, and when an individual loses an ABAWD exemption.

The Farm Bill reduces the number of discretionary exemptions from the Able Bodied Adults Without Dependents (ABAWD) time limit from 15% of covered individuals to 12% of covered individuals.  This means counties without a waiver of the ABAWD time limit will have fewer discretionary exemptions available to provide to non-exempt ABAWDs at risk of losing CalFresh eligibility.

Effective immediately, E & T programs for veterans operated by the Department of Labor or the Department of Veterans Affairs and certified workforce partnerships are allowable work activities to satisfy the ABAWD work requirement.  In addition, time spent in case management through E & T counts toward the ABAWD work requirement.  (ACL 21-48, April 23, 2021.)

The United States Department of Agriculture has withdrawn its appeal of the injunction blocking implementation of changes to the Supplemental Nutrition Assistance Program (SNAP — CalFresh in California) Able Bodied Adults Without Dependants (ABAWD) rule.  In general, ABAWD rule requires adults who are age 18-49, able to work, and do not have dependents limits benefits to 3 months within a 3 year period unless they are working, enrolled in a work program, or participating in some combination of those two for 80 hours each month.  The proposed rule would have greatly expanded the number of people covered by the ABAWD rule by limiting states waivers of the ABAWD rule.  The new rules were enjoined by the District Court for the District of Columbia.  The abandonment of the appeal of that injunction means that the new rule is now dead.

Note that the ABAWD rule is currently suspended nationwide until June 30, 2021 because of COVID-19.  (United States Department of Agriculture Press Release, March 24, 2021.)

The California Department of Social Services has issued clarification regarding notices of action terminating, denying or changing benefits for failure to provide required verification.  Before denying or terminating a household for failure to provide verification, the county must give the household a Request for Verification (CW 2200) form and must give at least 10 days from the request to provide the verification.

If the household fails to provide required verification after the county sends a CW 2200, the county must send an adverse notice of action.  That notice of action must individually list what verification the household failed to provide.  This applies whether one or multiple verifications are missing.

The county can only send an adverse notice of action for failure to provide mandatory verification.  If the household does not provide verification for certain expenses but the county determines that the household is eligible for CalFresh without deducting the expense, the county must approve the case without the deduction.

Counties can only request verification of shelter costs if questionable.  If a household claims heating and/or cooling costs, or other utility costs, and a bill is not available, the county must accept the applicant or recipient’s statement as verification.  Counties must use the standard medical deduction for households that verify between $35.01 and $155 per month in medical expenses.  Household that verify medical expenses over $155 may deduct actual expenses.  (ACIN I-33-21, April 26, 2021.)