CalFresh / SNAP

CalWORKs and CalFresh Administrative Disqualification Hearings

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The California Department of Social Services has issued instructions about Administrative Disqualification Hearings (ADH) for CalWORKs and CalFresh.  Counties investigate cases of alleged Intentional Program Violation (IPV).  These cases are pursued either through administrative or criminal proceedings.

For CalFresh, an IPV is intentionally either making a false or misleading statement; misrepresenting, concealing or withholding facts; or committing any act that violates the Food Stamp Act or the CalFresh program regulations. The county can initiate a CalFresh ADH by informing CDSS State Hearings Division that it has clear and convincing documentary evidence of an IPV.

For CalWORKs, an IPV is intentionally making a false or misleading statement or misrepresenting, concealing or withholding facts; committing any act intended to mislead, misrepresent, conceal or withhold facts or propound a falsity; and committing these acts to establish or maintain CalWORKs eligibility or to increase or prevent a reduction in the amount of a CalWORKs grant.  The county can initiate a CalWORKs ADH when the county determines that the respondent has committed an ADH based on preponderance of the evidence.

If the case meets the definition of an IPV, the case must be referred to the District Attorney for prosecution or to the ADH process.  If the case is not accepted by the District Attorney or the District Attorney does not act on the referral, the county must initiate ADH proceedings.

Upon receipt of an ADH referral, CDSS will give written notice of a state hearing to the respondent at least 30 days before the hearing.  The notice of hearing must be either personally served or mailed by first class mail at least 30 days before the hearing.  If the respondent no longer receives benefits, the county must verify the respondent’s mailing address prior to mailing the IPV notice.  If the hearing notice is returned as undeliverable, the hearing will be postponed to allow the county to verify or obtain a valid mailing address.  If the hearing notice continues to be returned as undeliverable, a hearing will not be scheduled until the county obtains another verified address.

If an individual is found to have committed an IPV through the ADH process or the individual signs an ADH waiver, the county must send the individual an Administrative Disqualification Notice using a specified form.  (ACL 17-118, November 21, 2017.)

CalFresh income, deductions, resources and exclusions

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The California Department of Social Services (CDSS) has issued instructions about changes to CalFresh income deducation and resource exclusion rules.  Military combat pay is excluded from income when determining CalFresh eligibility and benefit level if the additional pay is the result of deployment to or service in a combat zone and was not received immediately prior to serving in a combat zone.

The CalFresh standard deduction increased to $144 per month effective fiscal year 2009, and for every year thereafter is indexed to inflation.

The cap on deduction for dependent care expenses is eliminated.

Funds in designated retirement accounts, in a Federal Thrift Savings Plan, in an ABLE account, in a myRA account or in an education savings account are excluded from resources.  (ACL 17-98, October 12, 2017.)

Disaster CalFresh for fire victims

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CDSS has issued several directives regarding CalFresh for victims of the Northern California fires.  These directives include issuance of mass replacement benefits, statewide access to CalFresh (and CalWORKs) services statewide, allowing purchase of hot food with CalFresh benefits and waiver of timely reporting requirements.

California has been approved to issue Disaster CalFresh. Current CalFresh recipients can request supplemental disaster benefits.   New applicants affected by the disaster can be eligible for Disaster CalFresh if the household lived in the disaster area at the time of the disaster, and experienced either damage to their home or self-employment property, disaster-related expenses, disruption in income or inaccessible liquid resources.

CDSS also has links to the application for disaster CalFresh and the affidavit form for issuance of replacement CalFresh.  Disaster CalFresh, October 2017.

Hearing representative responsibilities and privileges process

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The California Department of Social Services (CDSS) has issued clarification about county hearing representative responsibilities before a hearing.  The county hearing representative initially impartially reviews the hearing request.  After the review, the hearings representative either orders the county to take corrective action or defends the action at hearing.  The county hearings representative also provides claimants with information about the hearing process, including preparing a position statement.

The county hearings representative ensues that aid paid pending is paid when appropriate, identifies the issues raised in the hearing request, reviewed the disputed action(s) based on available evidence and regulations, and determines whether the case can be resolved or should proceed to hearing.

The county hearings representative also must provide reasonable accommodations for claimant’s disabilities, and services for limited English proficient claimants, including using forms that have been translated and using an interpreter for communication with the claimant at no cost to the claimant.

If the hearings representative cannot identify the issues from the hearing request, the hearings representative should attempt to contact the claimant to discuss the case.  If the hearings representative cannot reach the claimant, the hearings representative should review the case file for 90 days prior to the hearing request to determine issues.  If the hearings representative still cannot determine the issues, the hearings representative should write a limited position statement for the hearing. If the issues are identified on the day of the hearing and the hearings representative and claimant cannot reach a resolution, the hearings representative can request postponement of the hearing.

If the hearings representative determines the county action is correct, the county hearings representative should contact the claimant to explain the basis for the county action.  The hearings representative cannot imply that the claimant cannot or should not proceed with the hearing.  The hearings representative can explain the claimant’s right to withdraw if the claimant states they do not want to proceed with the hearing, but the county hearings representative cannot request a withdrawal.

If the hearings representative determines the county action is incorrect, the county representative must contact the case worker to take corrective action.  The county hearings representative must also contact the claimant to resolve the case without a hearing.  If that resolution is a conditional withdrawal, the language of the conditional withdrawal must be specific regarding the duties of the county and claimant for the action to be corrected.  A conditional withdrawal that states the county will re-review its action is insufficient. Conditional withdrawals should be in writing.  The county must ensure that corrective action is completed within 30 days.  If the claimant still chooses to attend the hearing, the hearings representative must be prepared for the hearing.

The hearings representative should inform the claimant of their right to review the case file and provide that access in two business days.  If the hearings representative withholds documents from the claimant pursuant to a claim of privilege, the hearings representative must prepare and give to the claimant a form identifying the withheld documents and the basis of the claim of privilege or confidentiality.  Welfare fraud investigation information from an active investigation is confidential unless that information has been used or relied on by the county in making its decision to take administrative action.  When the claimant challenges a county claim of privilege or confidentiality, the administrative law judge will convene an in camera proceeding to adjudicate that claim.

Finally, CDSS has issued guidelines for the content and format of county position statements for hearings.  (ACL 17-102, September 29, 2017.)

CalWORKs and CalFresh treatment of ABLE accounts

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The California Department of Social Services has issued instructions regarding treatment of ABLE accounts for purposes of CalWORKs and CalFresh.  An ABLE account allows persons with disabilities to save and invest money for disability-related expenses without losing eligibility for certain benefits programs.  ABLE accounts cannot exceed $100,000 and the maximum annual contribution is $14,000.

CalWORKs recipients can reduce their unearned income from Social Security Disability or other disability benefits buy making contributions to an ABLE account.  Money in, contributions to and any distribution up to $100,000 for qualified expenses from an ABLE account does not count toward determining eligibility for any state or local means-tested program, including CalWORKs.

ABLE accounts are excluded as both income and resources for CalFresh.

Counties are strongly encouraged to inform eligible CalWORKs and CalFresh applicants and recipients with disabilities that they can retain an ABLE account so they do not need to spend down their savings to be eligible.  (ACL 17-61, June 27, 2017.)

Changes to Inter-County Transfer process

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The California Department of Social Services has issued instructions implementing changes to the Inter-County Transfer (ICT) process required by SB 1339.  Effective June 1, 2017, CalWORKs and CalFresh recipients can report a move to either their old county or their new county.  CalWORKs recipients must report a change of residence within 10 days of the actual move.  Failure to report a move, by itself, cannot be a basis for an overpayment, overissuance or other negative action.

The county that the recipient informs of the move must initiate the ICT process within seven days.  Benefits must be transferred from the sending county to the receiving county with no redetermination or recertification of eligibility in the receiving county.  The new county cannot interview the recipient, request or require a new application, or request or request any verification.  The new county can interview the client only regarding Welfare-to-Work participation.

The sending county must provide the receiving county copies of documents necessary to verify current benefits and grant amount within seven business days, including the most recent SAR 7, SAWS 2 Plus, SAWS 1 and Welfare-to-Work plan.  Benefits and payment responsibility must be transferred to the receiving county no later than the first day of the next month following 30 days after the county is notified of the move.  If the move is from a Region1 to Region 2 county or visa versa, the receiving county adjusts the grant accordingly.

The county can provide the Child Care Request form (CCP 7) as part of the ICT process, but the recipient must apply for child care in the receiving county.

The receiving county is responsible for determination of homeless assistance eligibility and issuance of homeless assistance benefits.

The process is the same for non-assistance CalFresh cases except that CalFresh recipients are not required to report a mid-period move to a new county.  CalFresh recipients are encouraged to promptly notify the county when they move to another county to ensure continuity of benefits.

The ICT process now applies to Transitional CalFresh cases.  This change will be effective when the computer systems are programmed for it, but no later than September 1, 2017.  (ACL 17-58, June 23, 2017.)