COVID-19 CalFresh emergency allotment for January 2021

California has been approved to issue an emergency allotment of CalFresh for January, 2021.  The emergency allotment will be issued on February 7, 2021 to raise each household’s monthly CalFresh allotment to the maximum allowable for the household size.  Per guidance from the Food and Nutrition Service (FNS), households already receiving the maximum allotment are not eligible to receive an emergency allotment.  However, the Consolidated Appropriations Act increases CalFresh allotments by 15% for the period January 1, 2021 through June 30, 2021.  Information about this increase will be issued in a future letter.

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. (ACWDL, January 4, 2021.)

COVID-19 not counting new stimulus payments as income for benefits programs

The California Department of Social Services (CDSS) has issued guidance regarding treatment of the new individual stimulus payments as income for various benefits programs.

The payments authorized by the Consolidated Appropriations Act of 2021 are individual tax rebates.  They are excluded from income in the month received for CalWORKs, CalFresh, Refugee Cash Assistance, and the Trafficking and Crime Victims Assistance Program.  The individual stimulus payments count as a resource after 12 months if they have not been spent.  (ACWDL, December 31, 2020.)

CalFresh Elderly Simplified Application Project extension

The California Department of Social Services (CDSS) has issued guidance regarding extension of the Elderly Simplified Application Project (ESAP).  ESAP is federal waivers to allow elderly and disabled CalFresh households to waive recertification interviews, use data matching to reduce needed verifications, extend certification period for up to 36 months, and waive the requirement to contact the household every 12 months, which eliminates the need to send and collect SAR-7 reports.

These waivers apply to households where all members are either elderly (age 60 or older) or disabled with no earned income.  Households that include excluded or ineligible members who are also elderly or disabled are eligible for ESAP.

This is an extension of existing federal waivers until September 30, 2026.  The elimination of periodic reporting is new and is expected to be effective on March 1, 2022 when programming is completed.

When the waiver of periodic reporting becomes effective, ESAP households will still need to complete mandatory mid-period reporting, including gross income over the Income Reporting Threshold during the 36 month-certification period.

The interview waiver allows counties to waive recertification interviews unless the case is set to be denied.  This means there will not be a recertification interview unless requested by the household, the county is going to deny the recertification application, or information provided is questionable, incomplete or contradictory.  An ESAP case cannot be denied at recertification without an attempt to schedule an interview.  Counties must continue to conduct interviews at initial certification for ESAP household except that the initial interview may be waived for other reasons.

The verification waiver means that ESAP households are only required to submit verification of income, non-citizen eligibility, utility expenses, medical expenses, social security numbers, residency, identity, or child support payments if they are questionable.

If a household becomes ineligible for ESAP during the 36-month certification period (for example because of employment or a change in household composition) the county must convert the household to non-ESAP and the household will need to comply with all reporting requirements.  However, the household must complete their 36-month certification period.  The county cannot shorten the certification period once it is assigned.  At the end of the 36-month certification period, the county must determine continuing CalFresh eligibility and whether the household continues to be ineligible for ESAP.  The county must send a written notice to the household when it is converted from ESAP to a regular CalFresh household.  (ACL 20-145, December 29, 2020.)

CalFresh reporting responsibilities for substantial lottery or gambling winnings

The California Department of Social Services (CDSS) has issued guidance regarding reporting requirements for CalFresh applicants and recipients who receive substantial lottery or gambling winnings.  Households must report receipt of substantial winnings within 10 calendar days of receipt of winnings at any time during the certification period.  This mid-period reporting requirement is in addition to existing mid-period reporting requirements.

Substantial lottery winnings are a cash prize won in a single game, purchase of a ticket, hand, or similar bet, which is equal to or greater than the resource limit for elderly or disabled households, which is currently $3,500.  The dollar amount is determined before taxes or other withholding.  If a household member shared in the purchase of a ticket, hand, or similar bet, with a non-household member, the total portion of the winnings allocated to the household must be considered when determining whether a household is required to report during the certification period.  This reporting requirement applies even if the household immediately spends or loses a substantial portion of the winnings and the remaining winnings are below the resource limit for elderly and disabled households.

The county must verify the winnings, and if the dollar amount is above the resource limit, must discontinue the entire household based on receipt of the winnings.  A household with substantial winnings will remain ineligible until the household’s income and resources do not exceed the resource limit.  This applies to all households, including categorically eligible households where all members receive CalWORKs, general assistance, SSI, and households certified under modified categorical eligibility.

A household may reapply for CalFresh at any time.  The household must not be considered categorically eligible or modified categorical eligible.  Counties must apply the CalFresh gross income, net income and resource test.  This requirement only applies the first time the household is certified following the loss of eligibility.

If the household composition has changed, the household is considered a different household that is treated as any other CalFresh applicant household.

Counties must verbally inform all new and existing households of the new substantial lottery and gambling winnings reporting requirement during the initial certification and recertification interview.  Counties must inform the household that benefits will be discontinued if the household receives substantial winnings during the certification period.  (ACL 20-132, December 11, 2020.)

CalFresh verification procedures

The California Department of Social Services (CDSS) has issued guidance regarding implementation of AB 79 regarding verification of information for CalFresh.  To the extent permitted by federal law, counties must seek verification via available electronic sources or client statement when allowed, before requiring submission of additional information, use of collateral contacts, or home visits.  Before sending a household request for missing verification, the county must check all available electronic resources to verify the missing information, and use the client statement to the extent allowed by federal law.

Counties must not send a request for missing verification or deny a case based on missing verification, unless they have first checked all available electronic sources or determined whether client statement is an allowable option.  If verification cannot be obtained by electronic sources, and client statement is not an allowable form of verification for the information in question, counties must make the request for information using the CW 2200 Request for Verification form.

Available electronic sources include IEVS, MEDS, SSA, CMIPS, or any other source available to the county.  The Work Number can only be used for verification when confirmed by the household to be accurate.

Counties must accept a client statement as the standard verification for dependent care expenses, and counties cannot seek other verification unless the information provided by the household is questionable.

If a household does not provide verification of certain expenses, or provides questionable information, but the household is eligible for CalFresh without deducting the expense, the county must approve the case without the deduction.

There are other ways to verify information.  For example, residency must be verified to the extent possible, using all documents already provided by a household.

For factors other than mandatory verifications, a client statement must be accepted as verification unless the information provided is questionable.

Counties must accept verbal confirmation from the household whenever client statement is a valid form of verification.  For information that can be verified by client statement and that is not questionable, counties are not required to also check electronic sources, and cannot delay processing of an application, recertification or periodic report by checking electronic resources.

When regulations only allow for verification via client statement under specific circumstances, and all other attempts at verification have failed, counties can use the best available information which can include verbal client statement.

Counties must document in the case record why information provided by a household is questionable before requesting additional information.  Counties cannot require a specific type of verification when verifying questionable information.  (ACL 20-135, December 15, 2020.)

CalFresh work study verification

The California Department of Social Services (CDSS) has issued guidance regarding verification of work study approval for college students who have applied or are applying for CalFresh.  CDSS also provides a form that colleges can use to verify work study approval.

Students are ineligible for CalFresh unless they meet an exemption.  Students who provide verification showing they are approved for work study for the school term and can reasonably anticipate working during the school term meet an exemption and can be eligible for CalFresh.  (ACL 20-114, October 28, 2020.)