CDSS has provided implementing instructions for changes to federal regulations at 7 C.F.R. § 273.12(c)(3) regarding processing of unclear information received during the certification period.  Unclear information is information about a household’s circumstances from which the county cannot readily determine the impact on the household’s continued eligibility or benefit amount.  Information is considered unclear if the county needs additional information to act on the change appropriately.  If the county does not need additional information to act on the change, the information is not considered to be unclear.

The new rules about unclear information apply to information received during the certification period from a third party that indicates a household may not have made a required mid-period report.  California requires mid-period reporting of income over the Income Reporting Threshold and a drop in hours worked by an Able-Bodied Adult Without Dependents (ABAWD) to under 20 hours per week.

If the information received during the certification period is unclear and is less than 60 days old relative to the first day of the month in which the information was received, and indicates the household missed a required report, the county must issue a request for verification to the household.  The county must use the CW 2200 form for this request.  The form must inform households that they have 10 days from the date of the form to respond.

If the household responds within 10 days by providing sufficient information, the county must act accordingly to determine continuing eligibility.  If the household does not respond or responds but refuses to provide sufficient information by the specified date, a discontinuance notice is sent to the household.  Note that there must be refusal to provide the requested information to justify termination of benefits.  Failure to provide information is not a basis for adverse action.  Federal regulation defines refusal as “the household must be able to cooperate, but clearly demonstrate that it will not take actions that it can take and that are required.  (7 C.F.R. § 273.2(d), see also MPP § 63-505.12.)

If the information is unclear, is more than 60 days old relative to the first day of the month in which the information was received, and does not indicate the household missed a required report, the county is not required to immediately follow-up on the information and instead will hold the information until the next SAR or recertification.

If the county receives unclear information from the Nationwide Prisoner Match or Deceased Persons Match the county must request additional information from the household regardless of the age of the information.  The county must use the CW 2200 form to request additional information.  If the household does not respond or responds but refuses to provide sufficient information, the county shall act on the change by removing the individual from the household and adjusting benefits accordingly.

CDSS will update its CalFresh reporting regulations as soon as administratively feasible.  (ACL 18-20, February 28, 2018.)

CDSS has provided implementing instructions for changes to federal regulations regarding reporting requirements.  For periodic reporting, any increase in unearned income that is less than $100 will be disregarded.  All unearned income increases must still be reported on the SAR 7 form.  However, any unearned income increases that is less than $100 reported on the SAR 7 will be disregarded.  In the future, the amount of unearned income increase that is disregarded will be adjusted annually and will be rounded to the nearest $25.

For mandatory mid-period reports, income increases over the Income Reporting Threshold (IRT) must be reported within 10 days of receipt of the first payment attributable to the change, that is, the first payment that places the household over the IRT.  For mandatory mid-period reporting of a drop in ABAWD work hours below 20 hours per week, the household must report within 10 days of the date the drop in ABAWD work hours becomes known to the household.

Federal regulations now specify that counties must send a reminder notice to households that do not submit a complete SAR 7 form by the filing date.  If a household fails to submit a complete SAR 7 report by the 5^th of the month, the county must provide a reminder notice advising that household that it has 10 days to submit a complete SAR 7.  This includes failure to submit a SAR 7 at all and submitting a SAR 7 by the due date but the SAR 7 is missing required information.  CDSS developed a new reminder notice for this purpose.  If the household does not respond within 10 days, the county will send the appropriate notice of action.  (ACL 18-18, February 16, 2018.)

CDSS has provided information about amendments to Welfare and Institutions Code Section 18910.1 that requires counties to assign the maximum certification period allowable for the household type.  The maximum certification period is generally 12 months.  Households in which all adult members are elderly or disabled are certified for 24 months.  Households with only elderly and/or disabled members with no earned income are assigned a 36 month certification period.

Any determination of a certification shorter than 12 months should be made on a case-by-case basis.  (ACL 17-101, December 22, 2017.)

The United States Department of Agriculture Food and Nutrition Service (FNS) has issued policy about which foods are eligible for purchase with Supplemental Nutrition Assistance Program (SNAP, known as CalFresh in California) benefits.

In general, food items intended for human consumption are eligible for purchase with SNAP.  This includes cooking ingredients normally consumed only after being incorporated into food with other ingredients, vegetable products imparting flavor to food and items not labeled as food such as water and ice.

Certain non-food items can also be purchased with SNAP including

• garden seeds and plants used to produce food for human consumption
• military commissary surcharges
• container deposits under state law
• sales tax only if it is included in the shelf price of an eligible item.

Items excluded from purchase with SNAP include:

• alcohol
• tobacco and nicotine delivery products
• hot food, which is defined as foods and beverages that are hot at the point of sale
• prepared food intended for on-premises consumption, but prepared food intended for off-premises consumption is eligible as long it is not hot at the point of sale
• firearms, ammunition and explosives
• medicines and dietary supplements; live animals, except for shellfish
• fish as long as they are removed from water prior to removal from the sales premises, and other animals live at the point-of-sale if they are slaughtered prior to removal from the premises
• gift baskets if the value of non-food items is over half of the purchase price
• non-food items
• fees, including retailer fees for the delivery of food and grocery bag fees
• sales tax unless it is included in the shelf price of an item.

(RPMD Policy Memorandum 2018-2, January 16, 2018.)

CDSS has issued guidance regarding AB 563 which defers individuals who are considered Able-Bodied Adults Without Dependents (ABAWD) from mandatory placement in the CalFresh Employment and Training (E & T) Program.

AB 563 expands the deferral criteria from CalFresh E & T to include individuals subject to the ABAWD time limit which limits eligibility to three full months in a 36-month period for people between ages 18 and 50 who are not disabled and who do not have children.  Counties that choose to operate CalFresh E & T programs must continue to screen work registrants to determine whether they will participate in or be deferred from mandatory CalFresh E & T placement.  Deferred individuals may voluntarily participate.  Note that as of the publication of this letter, all CalFresh E & T programs in California are voluntary.

AB 563 also adds job search training, Workforce Innovation and Opportunity Act activities, self-employment training and job retention and allowable components of CalFresh E & T programs.  The statute also adds subsidized employment as an allowable CalFresh E & T program component, but implementing that is contingent on approval of a federal waiver to allow federal E & T funds to be used for subsidized employment.  (ACL 18-11, January 25, 2018.)

CDSS has released a handbook about the CalFresh Able-Bodied Adults Without Dependents (ABAWD) time limit.  The handbook provides policy guidance regarding implementation and administration of the ABAWD time limit.

California has had a statewide wavier of the ABARD time limit since 2008 because of a high statewide unemployment rate.  The waiver will expire on August 31, 2018.  Some geographic areas of the state will be ineligible for continuation of the waiver.  Counties that lose waiver eligibility will be required to implement the ABAWD time limit beginning September 1, 2018.  The ABAWD rule limits receipt of Supplemental Nutrition Assistance Program (CalFresh in California) to three full months in a 36-month period for people between ages 18 and 50 who are not disabled and who do not have children.

The handbook includes a general overview of the ABAWD time limit, guidance on exemptions and how to satisfy the ABAWD work requirement.  The handbook also addresses counting months of ABAWD participation, losing and regaining CalFresh eligibility and tracking ABAWD eligibility and participation.  (ACL 18-08, January 26, 2018.)