The United States Department of Agriculture Food and Nutrition Service (FNS) has withdrawn the proposed rule revising categorical eligibility for the Supplemental Nutrition Assistance Program (SNAP – CalFresh in California). FNS reaffirms its longstanding categorical eligibility policy at 7 C.F.R. § 273.2(j). (RIN 0584-AE62, June 10, 2021.)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
CalFresh / SNAP
CalFresh Water Pilot implementation
The California Department of Social Services (CDSS) has announced the implementation date and final ZIP code selection for the CalFresh Water Pilot. The pilot is a program to provide additional CalFresh nutrition benefits to purchase safe drinking water in areas where it is necessary. Pilot benefits will be available to CalFresh households living in selected ZIP codes in Kern County with out-of-compliance water systems under the California Safe Drinking Water Act. The first date of the pilot is March 1, 2022 and will last for 12 months, depending on the final number of pilot-eligible households and continued funding.
The following Kern County zip codes will participate in the Pilot:
- 93241 (Lamont)
- 93220 (Edison)
- 93243 (Gorman-Lebec)
- 93311 (Bakersfield)
- 93387 (Bakersfield)
- 93386 (Bakersfield)
Notices about the program will be issued to eligible households on February 1, 2022 regarding the implementation date, eligibility criteria, benefit amount, and pilot duration. Notices will be given to households when they approved to participate in the CalFresh Water Pilot, discontinued from the pilot, or when the pilot ends. (ACL 21-50, April 28, 2021).
The pilot is extended to October 31, 2021. (ACL 22-101, November 30, 2022.)
COVID-19 CalFresh emergency allotment for June, 2021
California has been approved to issue an emergency allotment of CalFresh for June, 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 July 18, 2021.
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, June 2, 2021.)
Verification of CalFresh student eligibility rule exemptions
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.)
CalWORKs and CalFresh changes to semi-annual reporting and annual recertification
The California Department of Social Services (CDSS) has issued instructions regarding changes to the semi-annual reporting and annual recertification processes. CalFresh Households and CalWORKs assistance units now provide information about income received during the 30 days prior to submitting the annual recertification. Counties must determine the relevant period based on when the household or assistance unit submits their annual recertification or when the county sends a CW 2200 Request for Verification form. This does not change the process for semi-annual reports or initial applications.
Counties must request verification of any income received during the 30 days prior to submission of the annual recertification. Verification is not required for households or assistance units that report no income during the 30 days prior to submission of the annual recertification. Verification is also not required the income source has stopped (for example job loss) or the income is not reasonably anticipated to continue, and the loss of income is not questionable.
If complete income information is not submitted with the annual recertification, the county must send a CW 2200 Request for Verification form to request verification of income. The CW 2200 must list the specific date range for which income verification is requested. The CW 2200 must request income verification for 30 days prior to the date of the form. If the client returns income verification that is outside of the 30 day period stated on the form, but is sufficient to determine eligibility, the county must accept it.
The 30 day verification period may not always fall within one calendar month. The household or assistance unit can only be required to provide income verification for a specific calendar month. If the household or assistance unit submit income verification that crosses more than one month, the county must convert the income to a monthly average.
There is no change to the process for either delayed processing of CalFresh application, or CalWORKs late redetermination and good cause for late filing.
Semi-annual reports (SAR 7) no longer must be signed no earlier than the first of the month to be considered complete. The SAR 7 is now considered complete if the form is signed and dated by persons specified by CDSS, all questions and items are fully answered, and all required verification is provided.
Personal contact for late or incomplete SAR 7 can now be made by text or other electronic means if the household or assistance unit consents.
Counties must implement one of these interview scheduling methods for CalWORKs no later than July 1, 2021: time block interviews, telephonic contact in conjunction with written communication about scheduling an interview, and same day interviews. For time block interviews, the designated time block must give households a reasonable window of time to expect a call. For initial applications, the interview must be scheduled as promptly as possible to ensure that eligible households have an opportunity to participate. For recertification, the interview must be scheduled so that the household has at least 10 days after the interview to provide verification. Regardless of the scheduling method used, if a household misses its scheduled interview, at initial application or recertification, the county must send a Notice of Missed Interview. (ACL 21-24, March 4, 2021, and ACL 21-24E, December 30, 2022.)
Implementation of CalFresh Employment and Training Provisions of the 2018 Farm Bill
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.)