CalFresh / SNAP

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the Work Number being used in conjunction with, but not in lieu of, existing income and eligibility sources, is superseded by ACL 21-23.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 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.  ACL 16-118 (December 30, 2016).

Position Statements in CDSS hearings

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CDSS has issued instructions implementing AB 2346 about position statements.  Previously, public and private agencies other than the Department of Health Care Services were required to make paper copies of their position statements available to claimants at least two business days prior to the hearing.  AB 2346 extends this requirement to the Department of Health Care Services.  This means that position statements in Medi-Cal cases must now be made available two business days before the hearing.

In addition, position statements can now be provided to the claimant in one of three ways: 1) secure electronic transmission at least two business days before the hearing, with the claimant’s permission, and if the agency can comply with state and federal electronic privacy laws, 2) first class mail with mailing early enough for the claimant to receive the position statement two business days before the hearing, or 3) paper copy available at the appropriate office of the county welfare department two business days before the hearing, with public or private agencies that are not part of the county welfare department mailing a paper copy of the position statement to the county early enough for the county welfare department to make it available at least two business days before the hearing.

If electronic transmission does not apply, the county can choose whether to mail the position statement or make it available at the county welfare department office, but the county should discuss with the claimant how the claimant would prefer to receive the position statement.

If the position statement is not made available to the claimant two business days before the hearing or the agency modifies the position statement after providing it to the claimant, the claimant will have good cause to postpone the hearing.  The claimant must waive the 90 day deadline for a decision to get this postponement.  Because the postponement was caused by the county’s failure to provide the position statement as required, this postponement will be considered the claimant first postponement for purposes of evaluating subsequent postponement requests.

(ACL 17-21, February 16, 2017.)

CalFresh eligibility for people in SSI suspense status

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CDSS has issued instructions to counties implementing the decision and judgment in Riojas v. Vilsack and Lightbourne, 2016 WL 3566941.  Riojas held that people in SSI suspense status are eligible for CalFresh.

CDSS instructed counties that, effective immediately, people who are not receiving a SSI payment are eligible for CalFresh as long as all other CalFresh eligibility criteria are met. Within two months counties must identify applications that were filed after August 30, 2016 that were denied solely because the applicant was in SSI suspense status and issue retroactive benefits to those people.  Counties must also identify household members excluded solely because of their SSI suspense status on or after August 30, 2016, and, if otherwise eligible, issue retroactive benefits to those persons.

A change in SSI from active status to suspense status is not a mandatory mid-period report. However, if this change is reported, the county must add the household member effective the first day of the next month.  If SSI status changes to active status and that change is known to the county, then the county must increase or decrease benefits effective the first day of the next month, or as soon as 10-day notice can be given.  (ACL 17-09, January 27, 2017.)

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.)