CalFresh / SNAP

CalFresh reporting responsibilities for substantial lottery or gambling winnings

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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

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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

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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.)

COVID-19 CalFresh Employment and Training supportive services and equipment

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The California Department of Social Services (CDSS) has issued guidance regarding provision of equipment and supportive services to CalFresh employment and training (E & T) participants, particularly in response to COVID-19.

Counties and state partners can purchase necessary equipment for use by CalFresh E & T participants.  Equipment purchased by a county, state partner, or third-party partner may include laptops, cell phones, and other computer equipment to be loaned to participants for programs that require remote access such as distance learning.

Supportive services assist participants with overcoming barriers that prevent participation in CalFresh E & T.  Providers are required to pay directly or reimburse CalFresh E & T participants for expenses that are reasonable, necessary and directly related to participation upon presentation of appropriate documentation.  Reimbursable supportive services include dependent care costs, transportation, uniforms, personal safety items, books or training materials, and internet or telephone services.

Personal protective equipment necessary to engage in CalFresh E & T, when not provided by an employer, is covered, including personal protective equipment, hard hats, non-slip shoes, cloth face coverings and protective gloves for use during COVID-19 consistent with public health guidance.  (ACL 20-125, November 17, 2020.)

COVID-19 CalFresh overissuances

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The California Department of Social Services (CDSS) provides clarification about CalFresh overissuances in the context of COVID-19.  Beginning in March, 2020, all CalFresh households have been receiving maximum amount of CalFresh.  Households entitled to less than the full allotment have been receiving the difference between their entitled allotment and the full allotment as an emergency allotment.  For any month a household receives an emergency allotment, there cannot be an overissuance unless the household is found to have been completely ineligible.

Households are only required to report a change in income during the reporting period that are over the income reporting threshold. Changes in household circumstances such as a change in household composition or expenses, and income fluctuations that are less then the income reporting threshold are not required to be reported during the certification period.

If households report all income as required at application, periodic report or recertification, an overissuance can only be calculated for months in which gross monthly income exceeds the income reporting threshold for two months or more.  Changes in household income or other circumstances that are not required to be reported do not result in an overissuance.

Nonrecurring lump sum payments, including any government stimulus payment or retroactive unemployment insurance payments, do not count as income for CalFresh.  Nonrecurring lump sum payments are a resource in the month received. In this context, there is an overissuance only if a household subject to the resource limit receives a nonrecurring lump sum, does not report at application, periodic report or recertification, and the countable resources exceed the resource limit.

Income that is not reasonably anticipated cannot be used in determining eligibility.  When recreating the circumstances to determine the amount of an overissuance, the county must determine whether the income was required to be reported and if the income was reasonably anticipated to continue.

When determining if an overissuance is administrative error or inadvertent household error, counties must consider the circumstances at the time of the overissuance.  These circumstances include various waivers because of COVID-19 including waiver of periodic reporting and extension of certification periods, and elimination of the interview requirement at initial certification and recertification.  In addition, COVID-19 created significant application and call volume and changes in county operations that may have resulted in a households inability to complete required reports.  Counties must consider these circumstances when establishing an overissuance claim. These circumstances are likely to have impacted a household’s ability to report timely, increasing the occurrence of overissuance claims caused by administrative error.

When an administrative error overissuance claim is established for an active CalFresh household as a result of administrative error, collection is by grant adjustment of 5% or $10 per month, whichever is greater, for no more than 36 consecutive months.

When an overissuance is established for an inactive CalFresh household as a result of an administrative error or inadvertent household error, the claim establishment threshold is $400. (ACIN I-87-20, November 19, 2020.)

COVID-19 CalFresh emergency allotment for December 2020

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California has been approved to issue an emergency allotment of CalFresh for December, 2020.  The emergency allotment will be issued on January 10, 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.

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, November 30, 2020.)