CalFresh / SNAP

New policy for in person PIN changes on EBT cards

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The California Department of Social Services (CDSS) has a new policy about in person requests for changes to the PIN number on Electronic Benefits Transfer (EBT) cards. This policy change is because of an increase in in person fraudulent requests to change PIN numbers.

In person PIN changes at a county outside of cardholders residence will no longer be allowed.  Counties must tell people that they can change their PIN number by calling the Automated Response Unit number on the back of the card, or by using the ebtEDGE app or online portal.

If there is a pending intercounty transfer, the county must issue a new card.  If benefits remain on the old card from the previous county, the new county must change the PIN number.

For in person PIN change requests in the county of benefit issuance, counties must verify the identity of the person asking to change the PIN.  The identity information and the physical EBT card must match the case information in CalSAWS before the PIN is changed.  The county must also check the PIN change receipt to make sure the last four digits of the card number on the receipt match the physical card number.

Only the cardholder can change the PIN on their own EBT card.

To verify identity, the county must first use a photo ID.  If the individual does not present a photo ID, the county must verify two points of personal identifying information from the case:  name of any other persons on the case and their relationship on the case, date of birth, last four digits of Social Security Number, or address on the case.  (ACL 24-25, April 10, 2024.)

CalFresh treatment of earmarked income

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The California Department of Social Services (CDSS) has issued guidance regarding treatment of earmarked income when determining eligibility for CalFresh and benefit amount.  Earmarked income is income received by the CalFresh applicant or recipient that is designated for a particular purpose.

Unless the source of the earmarked income is otherwise excluded, recurring income that is earmarked and reasonable anticipated to continue is not excluded.  Earmarked income that is received only once, or that is so infrequent that it cannot be reasonably anticipated does not court for CalFresh purposes.

Education assistance that is not otherwise excluded from being considered income for CalFresh is excluded to the extent that it is earmarked by the lender, used for, or intended to be used for, education expenses.

Voluntary contributions from nongovernmental persons or organizations having no liability for the support of the recipient are excluded as income because they are also excluded under CalWORKs rules.

Excluded income is not subject to verification.  Counties can only request verification if the information provided by the applicant or recipient is questionable, that is,the information is inconsistent with the applicant or recipient’s prior statements or with other information the County has.  A county’s determination that information is questionable must be based on an individualized inquiry.  When verification is required, the county must use the CW 2200 form to request the verification, document in the case file why the information received was considered questionable, and state what documentation was used to resolve the questionable information. (ACIN I-01-24, January 5, 2024.)

Changes to CalFresh Restaurant Meals Program

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The CalFresh Restaurant Meals Program allows eligible household buy hot or prepared food at participating restaurants.  Eligible CalFresh participants are adults age 60 or over and their spouses, people with disabilities and their spouses, and people experiencing homelessness.

Because of recent guidance from the United States Department of Agriculture, the CalFresh Restaurant Meals Program is limited to household where all members of the household are eligible for it.  The only exception is spouses do not need to meet the age or disability criteria.  Households that include a member who does not meet the Restaurant Meals criteria (except for a spouse) are not eligible for the Restaurant Meals Program.  This change will be effective upon automation in the CalSAWS system, which is expected in early 2025.

After automation is completed, CalSAWS will identify existing households that are no longer eligible for Restaurant Meals and will terminate their access to it.

When automation is completed, any member of a household that is eligible for Restaurant Meals, including spouses, will be able to access the program.

When automation is completed, counties will be required to provide the CF 889 form to all households that are approved for or terminated from the Restaurant Meals Program.  (ACL 24-01, January 19, 2024.)

Prepopulated SAR 7

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The California Department of Social Services (CDSS) has developed a new SAR 7 semi-annual report form.  Effective the date automation is complete, counties must provide the new SAR 7 form prepopulated to recipients of CalWORKs, CalFresh, California Food Assistance Program, Refugee Cash Assistance, Trafficking and Crime Victims Assistance Program, and Entrant Cash Assistance.

CDSS also has a blank version of the new SAR 7 form to be made available in welfare department lobbies and online for on demand access.  For cash aid recipients, counties must also provide the new Domestic Abuse Addendum.

Most households are required to submit a report six months after benefits are granted, and six months after completing annual recertification.  Elderly and disabled households that do not have earned income are not required to submit semi-annual reports.

Counties must continue to provide the SAR forms to the household by mail, email or in person by so that it is received by the 5th day of the month it is due.

For CalFresh households, changes in immigration status, student status, fleeing felon status or a violation of probation or parole, are not required to be reported on the semi-annual report and the new SAR 7 does not ask those questions.

For CalWORKs and other cash aid, effective the date the prepopulated SAR 7 is automated, property and/or resources will no longer be evaluated semi-annually.  Property and resources will only be evaluated at application and annual redetermination.

The new SAR 7 form includes questions about exemptions from the Able-Bodies Adults Without Dependents (ABAWD rules because federal rules require that screening (and it will be needed if the ABAWD rules become effective again in California at some point in the future).

The new SAR 7DA allows households to disclose any history of domestic abuse in order to receive services or assistance.  Information about domestic abuse cannot be released to any outside party, agency, or county employee who is not directly involved in the case unless the information is required to be disclosed to law enforcement or the recipient gives written authorization.  When an individual completes the SAR 7DA, the county must privately contact them to provide information, resources or needed accommodations.

The SAR 7DA can only be released as part of an intercounty transfer if the recipient has signed a WTW 37 release form.

The disability question on the SAR 7/SAR 7B allows disclosure of a disability or a request for assistance because of a disability.  When households report having a disability or state that they need assistance because of a disability, counties must contact the household to assist and provide information, resources or needed accommodations.

When a household checks the “I am homeless” box, counties are strongly encouraged to screen households for homeless assistance or other available services, and to identify eligibility for an ABAWD exemption when necessary.  (ACL 24-06, February 2, 2024.)

Calculating CalFresh Overissuances

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The California Department of Social Services (CDSS) has issued guidance regarding calculating CalFresh overissuances. This guidance supersedes ACL 15-95 for CalFresh overissuances.

When determining the amount of a CalFresh overissuance, counties must recreate the circumstances of the case, that is they must calculate the amount of the overissuance by determining the difference between the amount of benefits the household should have received and the amount the household actually received. The county must not consider income changes that the household was not required to report unless the change would result in increased benefits.

Households are required to report income that exceeds the Income Reporting Threshold, that is 130 percent of the Federal Poverty Level.  This reporting is required at any time, including between semi-annual reports.  Households that are eligible for CalFresh with income between 131 and 200 percent of the Federal Poverty Level are not required to report income changes between semi-annual reports.

In determing whether a household has exceeded 130 percent of the Federal Poverty Level, the county must use the household’s actual gross income.  Counties cannot use the conversion factor (4.3 times weekly earnings) to determine if a recipient has missed a required report of income over the Income Reporting Threshold.

If a household misses a required report of income over the Income Reporting Threshold, the county must recalculate the monthly allotment for the months in which the household income exceeded the Income Reporting Threshold, and establish any appropriate overissuances.

Counties are required to review information they receive from the Income Eligibility Verification System (IEVS).  When the county receives an IEVS match and determines there is a potential discrepancy between the match and the income the household reported, the county must ask for information from the household to verify the IEVS match.  If the household does not respond, the county can use the Work Number or another third party payroll source to verify the IEVS match.  Counties can only request verification related to an IEVS discrepancy that shows the client may have missed a mandatory report of income over the Income Reporting Threshold.

When reconciling IEVS matches, counties must consider prospective budgeting rules, including whether the income could have been reasonably anticipated at the time of the previous semi-annual report or annual recertification.

If benefits should have been different based on income verified after an IEVS match, the county must recalculate the monthly allotment for the months in which the household income exceeded the Income Reporting Threshold, and establish any appropriate overissuances.

When calculating the amount of an administrative error overissance, the county must apply the earned income deduction.  When calculating the amount of an advertent household error or Intentional Program Violation overissance, the county must not apply the earned income deduction.  (ACL 24-23, March 29, 2024.)

Civil rights complaint language

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The California Department of Social Services (CDSS) has updated its appeal language for civil rights complaints. There are three main changes to the appeal language. The first of these changes increases the amount of time CalFresh complainants have to file civil rights appeals to the United States Department of Agriculture (USDA) to 90 days from the previously set 30 days.

The next two changes were implemented because of the Supreme Court’s decision in Bostock v. Clayton County which established that discrimination based on sexual orientation or gender identity is also considered discrimination based on sex. The second change establishes that complainants may appeal Cal Fresh complaints to USDA based on  gender identity and sexual orientation. It has also added reprisal or retaliation for prior civil rights activity as a protected category. The third change establishes that complainants may file discrimination complaints with the United States Department of Health and Human Services (HHS) based on  pregnancy, sexual orientation, and gender identity.

Counties must use the provided language from the USDA when informing people of their right to appeal to the USDA. Additionally, the requirements to inform of the right to appeal to CDSS or the USDA do not apply when the complainant fails to participate or withdraws the complaint and no County Welfare Department (CWD) decision was made. However, complainants must be informed of their right to file their complaint with the HHS. Mail or email can be used to inform complainants of complaint outcomes.  (ACL 23-98, November 27, 2023.)