CalFresh / SNAP

CalFresh joint application processing with Social Security Administration

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The California Department of Social Services (CDSS) has provided guidance about joint processing of CalFresh applications by the Social Security Administration (SSA) and county welfare departments for SSI recipients.

SSI recipients will be eligible for CalFresh beginning June 1, 2019.  Households that include only SSI recipients may apply for CalFresh at a SSA office.  SSA must inform SSI applicants or recipients of their right to apply for CalFresh at the SSA office or their right to apply at the county welfare department whenever a member of a household consisting of only SSI applicants or recipients conducts business with SSA. SSA will not assist households with both SSI and non-SSI members.

SSA will screen all households for CalFresh eligibility.  Based on the screening, SSA must give the household the opportunity to apply for CalFresh.  If a household with only SSI applicants or recipients agrees, SSA will assist the household in submitting and completing a CalFresh application.  These household may also complete their annual recertification at the SSA office.

SSA can use the GetCalFresh.org online application starting June 1, 2019.  If the application is submitted using GetCalFresh.org, the county must not require an additional signature from the household.  If a household wants to submit a paper application, SSA will assist the household in completing the written application and will submit it to the county within one business day of receipt of the signed application.

For either type of application, SSA then will provide the following information to the household in writing: 1) contact information for the county; 2) remaining actions to be taken to complete the application; 3) a statement that the household should be notified of their CalFresh eligibility determination within 30 days; 4) the household’s rights and responsibilities; and 5) information about how to get an EBT card.

The expedited service timeframe will begin the date the county receives the application.  SSA will prescreen the application for entitlement to expedited service.

If the household chooses to apply with the county, SSA will inform the household of their option to apply online or take the paper application to the county.

Households in which all members receive or are authorized to receive SSI are categorically eligible for CalFresh unless the entire household is institutionalized or disqualified from receiving CalFresh.  In determining categorical eligibility, the county must verify that each member of the household receives or is authorized to receive SSI.  For persons who are categorically eligible, no additional verification is needed for resources, gross and net income, social security number, sponsored immigrant information, and residency.  Although identity must be verified, verification of identity in MEDS is sufficient and counties must check MEDS prior to requesting verification of identity.  Counties can verify SSI benefits through the State Data Exchange or the Beneficiary Data Exchange.

Households whose applications are processed using SSA joint processing will not be required to go to a county welfare department office or otherwise be subject to a county interview.  The county will not contact the household to obtain information unless the application is improperly completed, mandatory verification is missing or the county determines that information in the application is questionable.  Counties may contact the household to determine whether the household has expenses which can be deducted from income including shelter and medical expenses.

Counties must certify households processed under SSA joint processing for 24 months because all members of the household will be elderly or disabled.  If the household has no earned income, certification will be for 36 months under the Elderly Simplified Application Project.  (ACL 19-44, May 9, 2019.)

CalFresh and CalWORKs electronic notices

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The California Department of Social Services (CDSS) had a waiver from the federal government authorizing e-notices.  CDSS implemented e-notices for CalWORKs using the same rules as CalFresh.  Now the federal government no longer requires a waiver for and has made e-notices a state option for CalFresh. (See United States Department of Agriculture AN 18-05.)

California will continue to use the same rules for e-notices that are in ACL 13-61.  E-notices continue to be a county option.  However, for counties to use e-notices, the county must: 1) not include identifying information in text messages; 2) receive household consent to send e-notices and establish security protocols to protect confidential client information sent electronically; 3) provide an initial email and paper notice confirming that the household as opted-in to e-notices; 4) provide e-notices through a secure online portal; 5) send an email when a new e-notice is available; 6) ensure that every e-notice has the same information as the corresponding paper notice; 7) not send state hearings or treasury offset notices by e-notice; 8) allow opt-out of e-notice at any time; 9) document when an e-notice is returned and then communicate with the household by paper notice; and 10) ensure that all e-notices are available to quality control reviewers.

Counties must provide paper copies of all notices to clients on request.

The types of notices that can be send electronically include notice of missed interview, notice of denial, notice of required verification, notice of approval, notice of expired certification, notice of change to benefits and overpayment or overissuance notices.

Households must be informed of the option to receive e-notices at application and recertification.

Counties can now send text messages to inform clients of the availability of a new e-notice.  A text messages must be send in conjunction with an email informing the client that an e-notice is available.  The text message sends a link to a secure online portal.

Counties must still comply with regulations regarding timeframes for notices and information.  For CalWORKs, counties must still attempt personal contact prior to terminating benefits for not submitting a semi-annual report or annual recertification and note that attempt in the case file.

For CalWORKs time on aid and welfare-to-work notices, each adult in the assistance unit must consent to receive notices electronically.  For other notices, the caretaker relative must consent.  (ACL 19-39, May 3, 2019.)

CalFresh treatment of nonrecurring lump sum income

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The California Department of Social Services (CDSS) has issued clarification regarding treatment of nonrecurring lump sum income for the purpose of determining CalFresh eligibility.  Nonrecurring lump sum payments are excluded from the household’s income.  Such payments include lump sum Social Security disability, retirement or survivors benefits, lump sum Supplemental Security Income benefits, income tax refunds or lump sum insurance settlement payments.  The nonrecurring lump sum payment is considered a resource in the month received.

Most CalFresh households are not required to meet the resource limit because of modified categorical eligibility.  For the households that are subject to the resource limit, such as elderly and disabled households with income above 200 percent of the federal poverty level, a nonrecurring lump sum payment is included in the month received when determining whether a household meets the resource limit.  However, the determination of whether a household is within the resource limit is only made when processing a recertification or semi-annual report.

Counties cannot consider nonrecurring lump sum payments as income when determining whether an overissuance occurred.  However, an overissuance may occur if a household subject to the resource limit receives a nonrecurring lump sum but does not report it on a semi-annual report or recertification.  (ACIN I-12-19, April 22, 2019.)

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.)