CalFresh / SNAP

90 day suspension of redeterminations, CalWORKs clock stop, and public meeting requirements

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Governor Gavin Newsom has issued an executive order regarding public benefits programs in California.  The executive order suspends otherwise required redeterminations for Medi-Cal, CalWORKs, CalFresh , Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services for 90 days.

The executive order also stops the CalWORKs 48 month time clock through June 17, 2020.  Any month or partial month of CalWORKs received will not be counted toward California’s 48 month time on aid limit.

The Executive Order also suspends any requirement of physical presence in the Brown Act or the Bagley-Keene Act for meetings or local or state bodies.  Meetings of state or local bodies held via teleconference and allowing members of the public to observe and address the meeting shall satisfy any requirement that the body allow members of the public to attend the meeting and offer public comment.

The body must have a procedure for reasonable accommodations for persons with disabilities and advertise that procedure in each public meeting notice.  Requirements for notice of the time and agenda for meetings are unchanged, except that the notice of the time of the meeting must also give notice of how the public may observe and comment.  These public meeting provision apply as long as state or local public officials have imposed or recommended social distancing. (Executive Order N-29-20, March 17, 2020.)

CDSS guidance regarding COVID-19

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The California Department of Social Services (CDSS) has issued guidance regarding the impct of COVID-19 on CalWORKs, CalFresh, housing and homelessness programs, and Refugee Cash Assistance.  Counties must ensure continuity of and safe access to services during pandemic conditions or periods of social distancing.

Current CalWORKs recipients are eligible for waiver of existing rules regarding homeless assistance, including the once-every-12-months limit.

Counties are encouraged to explore Diversion eligibility.  Diversion is designed to address a specific crisis or item of need and may be appropriate for affected families.  People who receive diversion are not subject to work requirements or child support assignment.  However, Diversion payments count toward the 48-month time on aid clock.

For CalWORKs applicants, when evidence concerning eligibility does not exist, the applicant’s sworn statement under penalty of perjury is sufficient except for verification of U.S. citizenship or immigration status, and medical verification of pregnancy.  Written statement is also acceptable to establish residency for the forseeable future.  The photo identification requirement is unchanged, meaning that if the applicant cannot present photo identification within 15 days of application, aid shall continue if the applicant presents evidence of good faith efforts to obtain photo identification.  Income rules remain the same.  Some persons impacted by school or work closures will no longer have an income that is reasonably anticipated.

For CalWORKs, counties can conduct interviews telephonically or by electronic means.  Counties that want to implement electronic/telephonic interviewing now because of COVID-19 can contact CDSS for immediate approval, and must submit a plan to CDSS within one week of implementation.

Counties may provide welfare-to-work good cause or exemptions in response to COVID-19. Good cause determinations should be made on a case-by-case basis.  However, counties can implement county-wide good cause to avoid face-to-face interactions to mitigate COVID-19.

Child care providers may not be reimbursed for days on which the provider is not operating unless that provider has a paid day of non-operation and can provide documentation that contractual terms require parents to pay for days of non-operation.  Reimbursable days of non-operation are limited to 10 days per fiscal year.  Payments to alternative providers when regular providers are not operating are limited to 10 days per child per fiscal year.  Counties must pay for child care on behalf of the client when the child is ill for during excuses absences for illness or quarantine.

For CalFresh, counties should promote online, phone or mail-in applications.  Counties should conduct as many interviews as possible by phone.  Counties should fulfill EBT card replacement requests by phone or mail as often as possible.

Counties must ensure that they are granting maximum allowable CalFresh certification periods.  Counties should maximize use of existing databases for verification.  If a household cannot provide required verification because of unusual circumstances, self-certification can be used.

Counties can exempt households from certain requirements for good cause.

If county offices close during regular business hours, they must make it possible for individuals to apply for and receive CalWORKs and CalFresh, including emergency benefits, within time frames required by state and federal law.  Counties must also provide notice of hours of operation, and procedures during closure hours for applying for and receiving benefits.  These procedures must include making applications available and providing a drop-box or mail slot for filing applications.  Such applications must be deemed to have been filed on the date of the county closure.  Counties must maintain sufficient staff to accept and act upon all applications, and telephone staff to accept and act upon all applications as if they were made in person.  This includes making immediate need available no later than the third calendar day following the application date.

Refugee Cash Assistance and Refugee Support Services will use the CalWORKs guidance.  (ACWDL, March 12, 2020.)

CalFresh Expedited Service Entitlement and Application Timeframes

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The California Department of Social Services has issued guidance for County Welfare Departments (CWDs) clarifying the timeframes for processing CalFresh applications and the circumstances  when a household is entitled to expedited service (ES).

All CalFresh applications must be screened to determine if the household meets the criteria for ES entitlement at the time the application is filed or at any time during the application process. Households found entitled to ES must have access to their CalFresh benefits by the third calendar day following the date of application. This three-day processing timeline includes screening the application, scheduling the interview, processing the application, collecting mandatory verification of the applicant’s identity, and issuing benefits onto the Electronic Benefit Transfer.

A household’s entitlement to ES is not lost due to a delay in meeting the expedited processing timeframe. If a household is entitled to ES, and the CWD cannot schedule the initial interview within the three-day expedited processing timeframe, the CWD must make every effort to meet the federal seven-day expedited processing timeframe. If the CWD cannot meet the federal seven-day expedited processing timeframe, the CWD must process the application as soon as possible.

A household may re-request expedited service at any time prior to approval. If the household is found to be entitled to ES, the three-day timeframe to issue benefts must start on the date the household is found entitled to ES. 

The only way a household can lose ES entitlement is if (1) the household’s circumstances change and the household no longer meets the criteria for ES entitlement or (2) the household is scheduled for an initial interview within the three-day expedited processing timeframe and the household misses the scheduled interview. Under these circumstances the household’s application will be processed under the normal CalFresh processing timeframe. (ACIN I-11-20, February 3, 2020.)

Advising CalFresh Work Registrants of Employment Services

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The California Department of Social Services (CDSS) has issued guidance regarding a new federal requirement for County Welfare Departments to inform all CalFresh work registrants (individuals subject to the general CalFresh work requirements) with no earned income of local employment services, including but not limited to CalFresh Employment and Training (E & T). This requirement is effective immediately.

Work registrants are required to register for work every twelve months, provide information to determine employment status, report to an employer when referred by the county welfare department, accept a bona fide offer of suitable employment, and not voluntarily quit a job of 30 hours or more a week or reduce work hours to fewer than 30 hours a week. There is currently no mandatory CalFresh E&T required of work registrants n California.

The county welfare department is responsible for the work registration process and must determine which individuals in the household are work registrants and note this information in the case record. CalFresh recipients are not required to take additional steps in the application or recertification process to complete the work registration process.

All CalFresh recipients are subject to work registration unless they qualify for an exemption. If an individual no longer qualifies for an exemption from work registration, they must be registered for work when reported. (ACL 20-10, February 6, 2020.)

CalFresh Student Eligibility Handbook

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The California Department of Social Services (CDSS) has released its CalFresh Student Eligibility Handbook.  The Handbook provides guidance regarding student eligibility for CalFresh including definition of a student, income exclusions for students, exceptions from the general rule that students are not eligible for CalFresh, programs to increase employability which in qualifies a student for an exemption from the student eligibility rule, and verification procedures.  (ACL 20-08, February 12, 2020.)

Social Security and SSI COLA

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Social Security and Supplemental Security Income (SSI) recipients will receive a 1.6% cost of living adjustment (COLA) effective January 1, 2020.  The California Department of Social Services has issued instructions regarding how the COLA will impact CalWORKs and CalFresh Grants.

For new CalWORKs and CalFresh applicants, the anticipated amount of the Social Security or SSI benefits, including the COLA, will be used to determine eligibility and grant amount starting for January, 2020.

For CalWORKs and CalFresh households in their final month of their semi-annual reporting period, counties will reasonably anticipate the increase in Social Security and SSI income for January, 2020 and thereafter.

For all other CalWORKs and CalFresh households, counties must adjust benefits beginning in January, 2020 to include the COLA amount because COLA adjustments cause mandatory mid-period changes in grant amounts.  Counties must give timely and adequate notice of grant amount changes caused by the COLA.  (ACIN I-67-19, November 25, 2019.)