Verifying shelter costs for CalFresh excess shelter deduction

The California Department of Social Services (CDSS) has issued instructions implementing AB 494 that requires counties to accept shelter costs reported by a CalFresh applicant or recipient on a signed application, periodic report or recertification.  Counties cannot request additional verification unless the expenses reported are questionable.

Counties must deduct the actual amount of the household’s monthly shelter costs in excess of 50 percent of their income after all other deductions.  The excess shelter cost deduction cannot be more than the current maximum unless the household includes at least one elderly and/or disabled member.

Allowable shelter costs include rent, mortgage payment, loan payment on a mobile home, condominium and homeowner association fees, property taxes and insurance on the home.

To be considered questionable, information reported must be inconsistent with statements made by the applicant or inconsistent with other information received by the county.  If the reported shelter expense is questionable, the county must verify it before allowing the deduction.  Counties cannot require a specific document or type of verification.  Acceptable verification includes rental agreement, rent receipts, mortgage bills, property tax assessment, home or renter’s insurance bills, hotel receipts, cancelled checks or copies. The reason a reported shelter cost was determined questionable, the request for verification, and any verification provided by the household, must be documented in the case file.  (ACL 19-86, August 21, 2019.)

CalFresh medical deduction for medical travel

The California Department of Social Services (CDSS) has issued policy guidance regarding verification and deduction of medical expenses, specifically transportation, for CalFresh eligibility.

Households can claim the excess medical deduction for non-reimbursed medical expenses over $35 per month incurred by an elderly and/or disabled household member.  The standard medical expense deduction is $120.  Households can request using actual medical expenses when medical expenses are over $155 per month.

Medical expenses must be verified for households to claim the medical expense deduction.  Counties cannot require a specific type of verification.  Counties must assist households in obtaining verification if needed.  If the household cannot provide verification, the county determines the CalFresh grant without the medical expense deduction.  Households can claim and verify medical expenses at any time.  Households may use the CF31 form to report medical expenses.

Counties should not re-verify medical expenses if they are unchanged or a change is $25 or less.  Households remain eligible for the standard medical expense deduction if they report their medical expenses continue to exceed $35 per month.

Allowable medical expenses include the cost of transportation to obtain treatment or services.  This includes transportation to health care appointments and pharmacies and to other locations to fill prescriptions, fittings for dentures, hearing aids or glasses.

Households must verify expenses for public transportation, taxis and ride shares.  For travel by private vehicle, the county must accept a verbal or written statement that the travel was required for medical reasons unless that statement is questionable.  County staff then calculates the mileage using a mapping application.  A copy of the map must be kept in the client’s case file.  Gas receipts are not required.  Mileage counts at the IRS rate which is currently 58 cents per mile.  (ACL 19-89, August 28, 2019.)

CalFresh treatment of 2020 census income

Effective August 1, 2019, earned income received directly from the Census Bureau for temporary employment related to the 2020 census must be excluded when determining CalFresh eligibility and benefits.  This policy applies through September 30, 2020. This policy is based on federal approval of a demonstration project.

The temporary census income exclusion cannot be applied retroactively.  However, counties that become aware of households who received income from the Census Bureau and were denied CalFresh benefits and were denied CalFresh after the effective date of this policy should reconsider those denials based on current policy.  (ACL 19-79, August 5, 2019.)

Applicant IEVS processing

The California Department of Social Services (CDSS) has issued instructions to counties regarding use of the Applicant Income and Eligibility Verification System (IEVS). Applicant IEVS is a third party verification system that is used at initial application and each subsequent redetermination.  Counties must use Applicant IEVS to assist in resolving any potential discrepancies with what was reported on the application (SAWS 2) and/or in the interview.  These discrepancies must be resolved prior to the beginning of a new certification period.  However, the eligibility determination cannot be delayed pending receipt of Applicant IEVS if other information establishes eligibility.

Counties must request Applicant IEVS information at least 15 days prior to the redetermination interview.  If a county cannot resolve a discrepancy relevant to the eligibility determination, the county must provide the client with a CW 2200 verification letter.

The Applicant IEVS process does not impact the existing Recipient IEVS process for using the IEVS system to determine whether a recipient has earned or unearned income.  Counties should ensure that the client is not asked to provide identical information based on duplicate IEVS information.  (ACL 19-78, August 5, 2019.)

Separation of SIU and eligibility determination functions

The California Department of Social Services (CDSS) has issued a reminder to counties that management of eligibility determination and program integrity investigation must be separate.

County Special Investigative Unit (SIU) staff is responsible for preventing and discovering fraud by applicants and recipients.  SIU staff must investigate fraud allegations.  County eligibility workers are responsible for referring cases to the SIU.

The SIU must be a separate organization, independent of organizations performing eligibility and benefit determination functions.  Counties must ensure separate and independent operation of eligibility and investigation activities.  SIU staff cannot dictate CalWORKs or CalFresh eligibility determinations but can make recommendations.  (All County Welfare Directors Letter May 1, 2019.)

CalFresh denials for missing verification

The California Department of Social Services (CDSS) has issued instructions regarding denials of CalFresh applications for failure to provide requested verification.  California has been granted an extension of a waiver by the federal government that allows counties to choose to deny CalFresh applications for failure to submit requested verification within 10 days of the written request even if 30 days have not passed since the application date.  The new waiver is in effect until April 30, 2024.  42 counties have chosen to implement this waiver.

Counties must meet several conditions to deny an application for failure to submit requested verification within 10 days of the written request even if 30 days have not passed since the application date including the county completed an interview with the applicant, inform applicants of the 10 day standard both verbally and in writing, the county must assist the applicant in obtaining verification, counties must act on verification submitted within 60 days of the application date without a new application and grant benefits from the date verification is submitted, and if verification is submitted within 30 days of the application date, the county must reopen the application and grant benefits from the original application date.

In addition, the notice of denial must state the reason for the denial and inform of the right to submit verification within 30 days of the date of application, and if eligible receive benefits from the application date.  (ACL 19-57, June 11, 2019.)