The California Department of Social Services (CDSS) has issued instructions regarding the approved extension of Food and Nutritional Services (FNS) waiver 2090046 which allows a household participating in CalFresh that has become ineligible for failure to complete semi-annual reporting or annual recertification to be made eligible again by remedying the problem within 30 days.

This extension continues current policy to reinstate the eligibility of a Non-Assistance CalFresh (NACF) household that becomes ineligible for benefits for failure to complete semi-annual report (SAR 7) or annual recertification. Reinstatement is dependent on the household providing the missing report within 30 days of the effective date of ineligibility. Then, the county will reinstate the household for the remaining months of the certification period if the household still meets all eligibility requirements.  Benefits will be prorated beginning on the date the household takes the required action.

The waiver extension beings on July 1, 2018 and ends on June 30, 2019.

The conditions for the waiver are:

• The household’s case must be in closed status;
• Reinstatement depends on the applicant providing the required report, information, or verification within 30 days of the date of ineligibility;
• The household has at least one month remaining in the certification period after the effective date of ineligibility;
• The household must fully resolve the reason for the case closure and reestablish eligibility;
• The household must still be eligible for benefits for the remaining months of the reinstatement period;
• Benefits for the initial month of reinstatement must be prorated from the date household performed the required action; and
• The county must retain the established recertification period.

(ACL 18-96, August 9, 2018.)

The California Department of Social Services has issued updated Treasury Offset Program (TOP) and Franchise Tax Board pre-offset warning letters.  These letters give notice of submission of a CalFresh overissuance debt to TOP and to the Franchise Tax Board.  TOP offsets federal debts, including CalFresh overissuances, from federal payments, including federal income tax refunds.  A pre-offset warning letter is a required step in the tax intercept process.

The updated letter states that clients can request a county administrative review of the debt submitted to the TOP.  If the client disagrees with the result of the county administrative review, the client can request a federal review within 30 days of the outcome of the county review.  The letter remove reference the right to a state administrative hearing.

The letter states that additional guidance on debtor’s rights will be issued in a separate All County Letter.

The letter states that the new TOP and Franchise Tax Board pre-offset warning notices will be accompanied by a multi-language insert.  (ACL 18-66, July 16, 2018.)

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.)

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.)