CalFresh / SNAP

Changes to Treasury Offset Program

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CDSS has issued instructions to counties regarding the change in federal law in the timeframe for referring debts to the Treasury Offset Program (TOP) from 180 days to 120 days.  TOP allows federal debts to be submitted for offset from federal tax returns and other federal payments.  A CalFresh overissuance is considered a federal debt that is submitted to TOP if the submission requirements are met.

TOP requires a pre-offset warning notice, which will now be sent 31 days after the notice of action that alleges the overissuance.  This gives the debtor 60 days to pay the debt, enter into a repayment agreement or request an administrative review.  The TOP process stops if the debtor requests an administrative review within 60 days of the pre-offset notice, requests a fair hearing within 90 days of the notice of action that alleged the overissuance, or files bankruptcy.

At 120 days after the notice of action, if the debtor has not paid the debt, entered into a repayment agreement, requested a fair hearing or filed bankruptcy, CDSS will send the debt to the Food and Nutrition Service for referral to TOP.  ACL 16-108 (December 28, 2016).

Public Charge and CalFresh

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CDSS has transmitted a letter from the United States Citizenship and Immigration Service stating that receipt of CalFresh or other programs that do not provide cash does not impact immigration status.  The letter clarifies that applying for or receiving CalFresh does not affect a recipient’s application to become, or existing status, as a lawful permanent resident.

The letter also reminds noncitizens that the only time an immigration officer can ask about use of CalFresh is when the interviewing officer suspects fraud.  ACIN I-86-16 (December 6, 2016).

Social Security COLA Affect on CalWORKs and CalFresh

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Effective December 30, 2016, recipients of benefits from the Social Security administration will receive a 0.3% cost of living increase in their Social Security benefits.  CDSS has issued instructions counting the increase in Social Security benefits for CalWORKs and CalFresh.

For CalWORKs and CalFresh households in the final month of their semi-annual reporting period in December, 2016, the Social Security increase is reasonably anticipated income, must be reported on the Semi-Annual report and will be considered in determining ongoing benefits.  For other CalWORKs and CalFresh households, the Social Security increase is a mandatory mid-period change and counties must adjust benefits effective January 1, 2017.  The Social Security increase will cause a mid-period change for annual reporting/child only cases.

This change may affect CalWORKs assistance units and CalFresh households where a member receives Social Security Disability, retirement, survivors or dependant’s benefits.  The COLA increase will not affect SSI cases because SSI recipients are not considered members of the CalWORKS assistance unit or members of the CalFresh household and SSI does not count as income.  (ACIN I-92-16, December 20, 2016.)

Restaurant Meals Program on College Campuses

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CDSS has issued instructions about implementing AB 1747 (2015) regarding implementation of the CalFresh Restaurant Meals Program on college campuses.  The Restaurant Meals Program allows elderly, disabled or homeless CalFresh households to use their benefits at participating restaurants.

AB 1747 requires two or four year colleges that operate food facilities on campus to apply to become a food vendor under the Restaurant Meals Program.  AB 1747 also requires colleges to provide contracting food vendors with information about the Restaurant Meals program.

In addition, AB 1747 requires the CDSS to act as the state entity for receipt of federal reimbursement for CalFresh outreach to state educational institutions and other state and local agencies.  AB 1747 also requires CDSS to establish the Public Higher Education Pantry Assistance Account, which, if funded by the legislature, would provide funding for food banks that support on campus pantry and hunger-relief efforts for low-income students. ACL 16-112 (December 23, 2016).

County Welfare Department Use of Consumer Credit Reports

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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 21-23.

CDSS has issued instructions to counties about SB 1232 regarding county welfare department use of consumer credit reports.  An example of a consumer credit report is a report from “The Work Number.”  These requirements are mandatory effective January 1, 2017.

Counties cannot obtain consumer credit reports without written authorization of the applicant or recipient.  Consumer credit reports can be used in conjunction with existing fraud detection resources.  Consumer credit reports cannot be used as the only means of verification.  The SAWS 2 Plus, CF 285 and CF 37 have been modified to include authorization for counties to obtain consumer credit reports.

If a county takes adverse action based on information in a consumer credit report, the county must provide an informing notice in addition to the notice of action.  The informing notice must include the name, address and telephone number of the consumer credit reporting agency, a statement that the consumer credit reporting agency did not make the decision, a statement of the right to free disclosure from the consumer credit reporting agency within 60 days and a statement of the right to dispute the accuracy of the information with the consumer credit reporting agency.

Information from a consumer credit report must be made available to an applicant or recipient who requests it from the county welfare department or if an applicant requests a fair hearing to regarding the information in the consumer credit report.  Note that information received from “The Work Number” is not considered verified upon receipt for CalFresh.  Counties cannot require applicants or recipients to submit hard-copy documentation that is duplicative of the information obtained from a consumer credit report.  ACL 16-118 (December 30, 2016).

 

ABAWD 36-Month Fixed Statewide Clock

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In general, able bodied adults without children (ABAWDs) are eligible for CalFresh for only three months within a 36 month period unless the client 1) lives in a county or area of a county that has an ABAWD waiver; 2) satisfies the ABAWD work requirement; 3) qualifies for an exemption or 4) is granted an individual 15 percent exemption.

California has had a statewide waiver of the ABAWD rule.  This waiver expires on December 31, 2017.  CDSS has decided to implement the 36 month period using a fixed statewide clock.  This means all ABAWDs will have the same time 36 month time period, and when the clock starts it will continue uninterrupted.  The clock will begin on January 1, 2017 and will reset on January 1, 2020.  When the statewide clock ends, all ABAWDs will have their clock restart and can again receive their 3 months of CalFresh.  The choice to use a fixed statewide clock is intended to maximize benefits.  ACIN I-88-16 (December 14, 2016).