CalFresh / SNAP

The end of SSI cash-out

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The California Department of Social Services has issued instructions implementing the end of SSI cash-out.  SSI/SSP recipients are ineligible for CalFresh.  Instead, SSI/SSP recipients receive an extra $10 per month in SSP benefits.  AB 1811 Sections 38-41 end the SSI cash-out.  When implemented, this change will make SSI/SSP recipients eligible for CalFresh. The change will be implemented on June 1, 2019.  If automation cannot be completed implementation can be delayed until August 1, 2019. Newly eligible households, that is new applicants in which all members are SSI/SSP recipients, will be eligible for CalFresh as of the implementation date.  If a newly-eligible SSI/SSP only household submits an application within the calendar month prior to implementation, the county must process the application but will not issue benefits until the implementation date.

SSI/SSP recipients in ongoing households will be eligible for CalFresh at the household’s next periodic report, annual recertification, or when voluntarily requested by the household.  A new application will not be required to add an SSI/SSP recipient to an ongoing household.

Grants under the Cash Assistance Program for Immigrants increase by $10 per individual and $20 per couple.  SSI/SSP recipients will be eligible for the Food Distribution Program on Indian Reservations.

All SSI/SSP recipients will be considered elderly and/or disabled household members for CalFresh purposes.

Income, resources and deductions of the SSI/SSP recipient will be considered when determining CalFresh eligibility.  Households in which all members of household receive SSI/SSP will be considered categorically eligible for CalFresh. This means that no additional verification is needed for resources, gross or net income, Social Security Number, sponsored immigrant information or residency.

Households will not be required to report termination of SSI/SSP mid-period.  However, if termination of SSI/SSP becomes known to the county it must take action mid-period.

Transitional CalFresh cases will be treated like other ongoing CalFresh cases.

Counties must provide reasonable accommodations for the disabilities of newly eligible SSI/SSP recipients. (ACL 18-90, July 31, 2018)

CalFresh Reinstatement of Benefits

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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.)

New Treasury Offset Program Pre-Offset Warning Notices

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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.)

CalFresh waiver to combine reminder notice and notice of adverse action for periodic reporting

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California has been granted a waiver which counties to continue to combine the reminder notice and the notice of adverse action for failure to complete semi-annual reporting.  This notice is sent to clients when they do not submit their semi-annual report on time or submit an incomplete semi-annual report.  New federal regulations require separate notices reminding clients that they failed to submit a complete periodic report and terminating benefits for not submitting a complete periodic report.  The California Department of Social Services (CDSS) issued instructions to implement the new federal regulation in ACL 18-18, summarized here.

Because of implementation challenges, CDSS requested a waiver of the federal regulation requiring separate reminder and termination notices.  The federal government approved the waiver for two years, effective May 1, 2018.  The waiver allows continuing the current practice of combining the reminder notice and the termination notice when the client does not timely complete their semi-annual report.

The waiver requires counties to send the combined reminder notice and termination notice no later than 10 days from the date the report should have been submitted, and, if the household files a complete report during the 10 day period following the combined notice, benefits shall be issued no later than 10 days after the normal issuance date.

As a result, CDSS will continue to use the existing NA 960 X (report not received) and NA 960 Y (report incomplete) notices and ACL 18-18 is no longer in effect.  (ACL 18-74, June 22, 2018.)

Criminal welfare fraud prosecution timeframe

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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

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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.)