CalFresh / SNAP

Review and hearing process for Treasury Offset Program collections

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The California Department of Social Services (CDSS) has issued guidance regarding administrative review and state hearing process for debts submitted to the Treasury Offset Program (TOP) for collection.  TOP is a system to collect federal debts, including CalFresh overissuances (but not CalWORKs overpayments), from federal payments, including federal income tax refunds.

Counties must send a notice to clients before the debt is submitted to TOP.  The client has 60 days from receipt of the TOP pre-offset warning notice to request a county administrative review.  If this request is made within 60 days of receipt of the TOP pre-offset warning notice, the debt cannot be submitted to TOP.  If the request for administrative review is submitted after the 60-day timeframe, the TOP process continues pending the hearing but the client will be refunded any intercepted funds if the county rules in favor of the client.  If the county determines that the debt is not eligible for TOP submission, the debt must be deleted from the TOP system.

Clients are entitled to inspect and copy county record related to the debt prior to the administrative review.  The county must mail copies of the records to clients as a if needed as a reasonable accommodation.

The county review must include confirming that the overissuance notice was adequate and language compliant, that a demand letter/notice was sent including a due date, for inadvertent household and administrative errors, ensure that collection is within the three year statute of limitations, verify that the client was given the opportunity to appeal, verify that no responsible party is an active member of a CalFresh household and verify the balance of the claim and any collections received or payment agreements.  The county must complete its review and issue a decision within 30 days of receiving the client’s request.

If the client disagrees with the county administrative review decision, the client can request review by the federal Food and Nutrition Service within 30 days of the county administrative review decision.  The client is not entitled to a state administrative hearing to challenge the county administrative review decision.

If a client requests a state administrative hearing within 90 days of the date of the overissuance notice of action, the debt is not eligible for TOP and counties must ensure the debt is not submitted to TOP.  For hearing requests filed between 90 and 180 days of the overissuance notice of action, the TOP process continues unless the administrative law judge finds jurisdiction.  For hearing requests filed after 180 days of the date of the overissuance notice of action, intercepted funds will be refunded if the client wins the hearing.

If the client loses the administrative hearing the client can request rehearing.  If the rehearing request is granted within 180 days of the delinquency date, the TOP process must be suspended.  If more than 180 days have passed, intercepted funds will be refunded if the client prevails in a rehearing.  (ACL 19-22, March 25, 2019.)

Use of the Work Number

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NOTE — The section of this ACL regarding the Work Number being used in conjunction with, but not in lieu of, existing income and eligibility sources, is superseded by ACL 21-16.

The California Department of Social Services (CDSS) has issued guidance regarding use of the Work Number consumer credit report in determining initial and ongoing eligibility for various programs. 

For CalFresh, if documentary evidence of income is unavailable, for example because a household member did not provide or does not have access to necessary documentation at the time of the application or interview, the Work Number can be used to verify income in real time at application, during the certification period, at recertification, or for a Quality Control review.

Information obtained through the Work Number is not considered verified upon receipt which means the applicant or recipient must be consulted before the county can use the information.  If the information provided by the Work Number is consistent with information provided by the applicant or recipient, consultation is not necessary.  If the household confirms the information from the Work Number is accurate or there is no discrepancy, the Work Number can be used to verify income.

The Work number can be used in conjunction with, but not instead of existing required income and eligibility sources including IEVS.

Counties cannot require the household to submit additional documentation that is duplicative of information received through the Work Number.  Counties can request additional documentation only if the household states that the information is inaccurate or the Work Number does not verify all income sources.

If the county takes adverse action based on information from the Work Number, the notice of action must state the name, address and telephone number of the Work Number, a statement that the Work Number did not make the adverse decision, a statement of the right to obtain free disclosure of the consumer’s file within 60 days, and a statement of the consumer’s right to dispute the accuracy or completeness of any information provided by the Work Number.

Counties can use the Work Number to verify information received at initial application or recertification.  This can allow same day service when documentary evidence is not available on the day the application is submitted.

Counties can use the Work Number to verify a voluntary report of a change in income or to verify income information provided at periodic report.

For Quality Control reviews, counties can use the Work Number to substantiate information provided by the household or if the household refuses to cooperate.

For CalWORKs, counties can use the Work Number to verify information at application, redetermination and to determine ongoing eligibility.  The Work Number can be used to verify welfare-to-work information for Work Participation Rate purposes.  Counties can use the Work Number to verify income when transitioning clients from State One to Stage Two child care.

The Work Number cannot be used to verify a missing mandatory report of income over the Income Reporting Threshold.

For IEVS matches, if the client does not respond to the verification letter, the county can use the Work Number as the independent verification source.

The Special Investigations Unit can use the Work Number to verify information from IEVS. (ACL 19-08, February 9, 2019.)

CalFresh recertification delayed processing

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The California Department of Social Services (CDSS) has issued guidance regarding delayed processing of CalFresh annual recertifications.  An application for recertification is considered delayed if the recertification process is not completed by the end of the final month of the certification period.

The county should consider an application for recertification timely if it was submitted before the 15th day of the final month of the certification period.

If a household files a timely application for recertification but recertification is not completed within the final month of the certification period because of county-caused delay, the county must continue to process the case and provide a full month of benefits for the first month after the new certification period as soon as administratively possible.

If a household files an application before the end of the certification period but the recertification process cannot be completed within the final month of certification period because of a client-caused delay, the county shall deny the application at the end of the period.  This applies whether the application for recertification was timely or untimely filed.  After the county denies the application, the household has up to 30 days after the end of the certification period to complete the recertification process.  If the household takes the required action within 30 days after the end of the certification period, the county shall withdraw the denial and provide prorated benefits retroactive to the date the client took the required action and completed the recertification process.

If the household files an application for recertification within 30 days following the last month of the certification period, benefits must be prorated based on when the application for recertification is received.  If the application is then delayed beyond what would be the first month of the new certification period because of fault of the county, that delay is considered county-caused delay.

If an application for recertification is received more than 30 days following the end of the last month of the certification period, delayed processing is not permitted.  However, the application for recertification shall be considered a new application for CalFresh and the county cannot require the client to submit an additional new application.

When the county receives an incomplete application for recertification, the county must send a denial notice.  The Notice of Expiration of Certification form does not satisfy the requirement for denying an application for recertification.

When a household misses their recertification interview appointment, the county sends the household a notice of missed interview.  The Notice of Missed Interview is dated to reflect the end of the certification period, even when the certification end date falls on a weekend or holiday.

The Manual of Policy and Procedure will be updated as soon as administratively possible to reflect this guidance.   In the interim, counties must comply with the guidance in this letter.  (ACL 19-10, February 3, 2019.)

Disability and domestic violence questions computer system flags

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The California Department of Social Services (CDSS) has issued directions regarding AB 2030.  AB 2030 requires CDSS to include in any amendments or revisions to standard application or semi-annual reporting forms after January 1, 2019 that allow applicants or recipients to disclose disabilities, the need for reasonable accommodations because of a disability and any experiences of domestic violence. 

CDSS states that initial application forms and semiannual report will capture the need for reasonable accommodations the next time they are revised.

The current welfare computer system vary in how they flag reasonable accommodations.  CalWIN has an icon for disability accommodations that is displayed in the upper-right side of the “Display Individual Demographics Summary” window.  CalACES North (formerly known as C-IV) can flag cases with an indicator type that county users can select (special accommodations, special circumstances etc.)  CalACES South (formerly known as LRS) allows any county user with access to falg a case to alert the first point of contact.  These flags are identified by a banner at the top of every page.  (ACL 19-13, February 21, 2019.)

Febraury 2019 early CalFresh issuance

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CDSS is issuing CalFresh benefits for February 2019 early between January 16 and January 20.  This early issuance is required because, as a result of the federal government shutdown, there is no appropriation to fund the Supplemental Nutrition Assistance Program (SNAP)  after January 20.

Counties must provide client notice as they would for a mass change.  This includes county websites, posters, press and social media.  There is no individual household noticing requirement.  However, counties are encouraged to contact individual households as feasible using communication channels such as text messaging, email and phone messges.

Most clients will receive their benefits between January 16 and 20.  However, some clients will receive benefits on their normal issuance date if they are eligible and federal reserve funds are available.  These clients are 1) current clients who have a report due in January but the report is received and processed after the early issuance but before the end of January; 2) current clients who have a report due in January and whose eligibility is determined after the end of January; 3) News client determined eligible after the early issuance is completed and 4) New clients who apply on or after February 1.  CDSS estimates that about $86 million in benefits is associated with cases which will not be completed by January 20 because reports have not been submitted or case processing is not completed.

Without a new appropriate for the United States Department of Agriculture either by resolution of the federal government shutdown or by enactment of separate legislation appropriating funds for the SNAP program, there is insufficient federal funding for March benefits.  (All County Welfare Directors Letter, January 11, 2019.)

SOGI self-identification

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The California Department of Social Services has issued instructions implementing voluntary self-identification of sexual orientation and gender identity (SOGI).  Although counties must ask about SOGI, applicant or recipient responses are voluntary.  CDSS has created form CW 2223 for this purpose.  Counties must use the CW 2223 for applications and redetermination/recertifications.  All primary caretaker relatives, including minor parents/caretaker relatives, who elect to disclose this information complete their own CW 2223 form.  Applicants and recipients must be given the opportunity to complete the form regardless of whether the application or redetermination/recertification is done by phone, in person or on line.  For example, if the interview is done by phone, the form should be mailed to the client.

The CW 2223 is not programmed into the county computer systems.  The letter contains instructions for how county workers need to enter the information into the computer systems. 

For CAPI only cases, the CAPI application includes optional SOGI questions so the CW 2223 form does not need to be used.

Counties should do periodic training of front line staff on SOGI sensitivity and best practices.  According to CDSS, some best practices include explaining why the questions are being asked and that the responses are confidential, and using gender-neutral language such as partner or significant other.  (ACL 18-133, November 8, 2018.)