Criminal welfare fraud prosecution timeframe

The California Department of Social Services (CDSS) has issued instructions implementing SB 360 regarding criminal prosecution for welfare fraud based on a match from the Income and Eligibility and Verification (IEVS) system.

Counties must review and compare information from IEVS with the case record to determine any differences that affect eligibility or benefit levels.  If there are differences that would affect eligibility or benefit level, the county must mail the client a verification letter within 45 days of receiving the IEVS data.  In addition, counties must establish an overpayment or overissuance by the end of the quarter following the quarter in which the county received the IEVS data.

The client can no longer be subject to criminal prosecution for any month following the 45th day of the county’s receipt of the IEVS data if the county does not provide the client a verification letter within 45 days of receiving the data or the county does not establish the overpayment or overissuance by the end of the quarter following the quarter in which the county received the IEVS data.  (ACL 18-22, March 27, 2018.)

CalFresh student eligibility

The California Department of Social Services (CDSS) has issued instructions implementing AB 214 regarding CalFresh student eligibility.

The California Student Aid Commission must now provide written notice to Cal Grant A and B recipients of their potential eligibility for CalFresh.  Only Cal Grant A and B are TANF funded and make recipients eligible for CalFresh.  Cal Grant B Access and CalGrant C are not TANF funded and do make recipients eligible for CalFresh.

Students who are enrolled less than half-time are eligible for CalFresh. Half-time enrollment is now defined as enrolled in at least half of the number of credits needed each semester in order to graduate in four years, or within two years if enrolled as a transfer student.

Students are eligible for CalFresh if they are approved for any state or federal work study program for the current term and can anticipate working during the term.  Anticipating participation is defined as reasonably expecting or forseeing being assigned a work study job, and a student is deemed to be anticipating participation until they receive notice from the institution of higher education that they have been denied participation in work study.

Students participating in a program that increases employability are eligible for CalFresh.  CDSS must maintain a non-exhaustive list of local education programs that increase employability.  Education institutions can request that a local education program be approved as a program that increases employability.  In addition, participation in an Unaccompanied Refugee Minors program qualifies the student for an exception to the CalFresh student eligibility rule.  (ACL 18-27, April 2, 2018.)

New CalFresh overissuances Notices of Action

The California Department of Social Services (CDSS) has issued new redesigned notices of action for CalFresh overissuances.  The new notices are a change in form not content.  The new forms are the result of a workgroup with assistance from outside experts to apply behavioral science to designing notices of action.

The new forms are no substitutes permitted and no formatting changes because the visual design of the form is intentional. Counties cannot modify or restructure the formatting or text of the forms.  Counties must begin using the new forms as soon as administratively possible but no later than 12 months from the date of issuance of the All County Letter.  If automation of the new forms is completed before the effective date, counties will need to use alternative means of providing the notices until programming is completed.

In addition, CDSS has issued seven of the new notices in large print using 18 point font for persons with vision impairments.  (ACL 18-50, May 3, 2018.)

Changes to CalFresh Restaurant Meals Program and Employment and Training Program

CDSS has issued instructions implementing SB 282, the Reducing Hunger Among Vulnerable Californians Act of 2017.

CDSS must now issue an annual ACL providing a list of counties or regions participating in the Restaurant Meals Program (RMP), instructions on how a county can participate in RMP, and guidance for how a county can appeal a CDSS determination that a county is ineligible to participate in RMP.

EBT cards must now allow all CalFresh recipients who are eligible for RMP to utilize benefits in all RMP authorized restaurants statewide, regardless of whether the recipients lives in an RMP participating county.

Counties select restaurants that are eligible to participate in RMP. Restaurants participating in RMP must allow in-store purchases except for direct farm purchasing programs or certified farmers markets.  Selected restaurants and vendors must maintain a current public health license and comply with all federal, state and local health and safety laws.

The federal government provides funds for Employment and Training (E & T) Programs.  There are a limited amount of 100 percent federal funds and an uncapped amount of 50 percent federal reimbursement funds. The 100 percent funds are allocated nationally based on the number of work registrants in the state.  The 50 percent funds are available to counties and service providers based on costs for allowable E & T components.

SB 282 requires CDSS to request a waiver from the United States Department of Agriculture Food and Nutrition Service to allow 50 percent reimbursement funds to be used for providing subsidized employment.  (ACL 18-24, March 15, 2018.)

CalFresh policy regarding men and boys residing in domestic violence shelters

CDSS has issued a clarification regarding CalFresh policy about men and boys residing in domestic violence shelters. AB 2057 entitles domestic violence victims who reside in shelters to receive an additional allotment of CalFresh as a separate household.  ACL 17-30 provided instructions to counties implementing AB 2057.

Men and women are not distinguished in the definition of domestic violence.  In addition, gay, lesbian, bisexual and transgender persons are included in the definition of domestic violence.

The CalFresh program requires that all provisions related to persons fleeing domestic violence be interpreted to apply to all victims regardless of gender or sex.  The requirements of ACL 17-30 and all future CDSS correspondence regarding domestic violence shall apply to men, women and children unless otherwise specified.

CDSS also included a list of available domestic violence resources.  (ACIN I-09-18, March 1, 2018.)

Disaster CalFresh changes

CDSS has provided implementing instructions for changes to Disaster CalFresh (D-CalFresh) mandated by AB 607.  CDSS and counties must now request to operate D-CalFresh when the President of the United States issues a major disaster declaration.  The request must include a waiver request to provide automatic, mass replacement of CalFresh benefits to eligible, ongoing CalFresh households affected by disaster and a waiver request to allow households to purchase hot, prepared food at authorized retailers with D-CalFresh benefits.  An automatic mass replacement waiver can be requested without a Presidential Declaration.

Effective January 1, 2018, all counties must submit a CalFresh disaster plan annually.  CDSS, in consultation with counties and additional stakeholders, must identify the necessary elements of a county disaster plan.  CalFresh disaster plans must identify mutual aid regions consisting of two or more counties.

CDSS must offer D-CalFresh training to all counties, organizations, and institutions receiving federal reimbursements, including private nonprofits, public postsecondary education institutions or other state or local agencies that secure funds federal funds for CalFresh outreach.

CDSS must maintain updated D-CalFresh materials, including state and county disaster plans, the D-CalFresh application, a D-CalFresh webpage, and D-CalFresh outreach flyers.

Upon county request, CDSS must provide necessary support for out-stationed D-CalFresh application intake locations and make available technology and equipment for mobile issuance of EBT cards to D-CalFresh recipients.

AB 607 also allows a CalWORKs recipient to be out of the state for more than 60 days because of displacement caused by a disaster declared by the Governor or the President.  (ACL 18-17, February 28, 2018.)