CFAP

Benefits extension for Ukranian Humanitarian Parolees

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President Biden’s signing of The Ukraine Security Supplemental Appropriations Act, expanded resettlement assistance provided by The Office of Refugee Resettlement (ORR) to displaced Ukrainians and non-Ukrainians paroled to the U.S. The ORR updated its eligibility criteria and mainstreamed federal benefits for refugees.

The ORR identified 4 categories (A-D) of individuals displaced from Ukraine who are eligible for resettlement assistance and other benefits. Category A includes Ukrainian citizens or nationals paroled into the U.S. by the DHS between February 24, 2022, and September 30, 2024 (extended from September 30, 2023), for humanitarian reasons. Category B includes non-Ukrainian individuals who last habitually resided in Ukraine and who the DHS has paroled into the U.S. between February 24, 2022, and September 30, 2024 (extended from September 30, 2023). Category C includes spouses or children of those in categories A or B who were paroled into the U.S. after September 30, 2023. Category D includes parents, legal guardians, or primary caregivers of unaccompanied refugee minors or children from sections A or B, paroled into the U.S. after September 30, 2023.

Eligible Ukrainian parolees who enter the United States with parole between February 24, 2022 – September 30, 2023, date of eligibility is May 21, 2022, or date of parole whichever is later. For those who enter the United States between October 1, 2023 – September 30, 2024, their date of eligibility is April 24, 2024. These parolees remain eligible for ORR benefits and services until their terms end or they obtain a different status.

UHPs are exempt from their financial supporter’s income being used to determine eligibility for benefits. UHPs who apply for and receive Temporary Protected Status (TPS) remain eligible for ORR benefits. However, if an individual only has TPS they are not eligible for benefits.

To qualify for Refugee Cash Assistance (RCA) UHP’s must meet all eligibility requirements. CWDs must determine eligibility by reviewing immigration documents, the date of humanitarian parole, and other program-specific information. UHP applicants are also exempt from certain types of income and resource requirements. Additionally, UHP are not required to provide SSNs but if they choose to do so, they must be notified that providing it is voluntary along with information on how it will be used.

Eligible UHPs can receive federally funded CalWORKs benefits without the five-year restriction on public benefits and should be evaluated for state-funded assistance if necessary. UHPs should provide proof of SSN application within 30 days of applying for benefits. This requirement can be avoided if the county determines that good cause exists. Applicants are also subject to provisions of the Child Support Enforcement Program but can claim good cause if participation is not in the best interest of the child.

UHPs granted parole between February 24, 2022, and September 30, 2023, became eligible for CalFresh on May 21, 2022. UHPs paroled into the United States between October 1, 2023, and September 30, 2024, become eligible for CalFresh on April 24, 2024, or their date of parole whichever is later. UHPs paroled between October 1, 2023 and April 23, 2024 for the California Food Assistance Program (CFAP) if they have parolee status of one year or more.

UHPs who are aged, blind, or disabled and meet income and resource limits may qualify for SSI/SSP through the SSA. Counties should issue RCA benefits until SSI/SSP benefits are granted.  UHPs who qualify are also exempt from employment services.

CWDs are directed to review all denied applications submitted by potential UHPs on or after April 24, 2024, and determine if they are now eligible per the updated policy. If they are found to meet eligibility the CWD must retroactively provide approval for benefits.  (ACWDL, June 28, 2024.)

 

CalWORKs Stage 2 child care eligibility

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The California Department of Social Services (CDSS) has issued a clarification about eligibility for CalWORKs Stage 2 child care.  To be eligible for Stage 2 child care, families must either be 1) receiving CalWORKs, and the county determines they are stable in their welfare-to-work activity or transitioning off of CalWORKs, 2) have formerly received CalWORKs, or 3) formerly received a CalWORKs diversion payment and a funded space is not immediately available in Stage 3 child care.  Families who have never received CalWORKs or diversion are not eligible for Stage 2 or Stage 3 child care.

This clarification is necessary because of legislation that expanded eligibility for subsidized child care services to recipients of MediCal; CalFresh; California Food Assistance Program; Women, Infants and Children program; Food Distribution Program on Indian Reservations; Head Start; and Early Head Start.  However, CDSS has clarified that this expansion does not apply to Stage 2 and Stage 3 child care.

If an agency has enrolled a family into Stage 2 or Stage 3 child care who does not meet eligibility requirements, the contractor must transfer them to an Alternative Payment Program (CAPP) contract without a change or disruption in their services.  If the contractor does not have a CAPP contract, they must work with another local CAPP contractor and transfer the family with no disruption or change to their services.  (CCB 24-06, April 16, 2024.)

Non-work Social Security Number request form for CalWORKs, CalFresh and CFAP

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The California Department of Social Services (CDSS) has issued a new form to use when helping non-citizens get a Social Security Number (SSN).

CalWORKs applicants must have a SSN or or submit verification of their request for a SSN within 30 days of the date of application.  Counties must assist individuals in this process.  If the applicant cannot submit an application for a SSN because necessary documentation is not available, the county must determine if good cause exists.

Social Security will accept the new Non-Work Social Security Number Request Form (GEN 2101).  A wet signature of an authorized county management official or designee is required.  Counties can develop their own form, but only the GEN 2101 has been approved by the Social Security Administration.

For CalFresh, households must provide the SSN of each household member pr must provide verification of application for a SSN prior to certification.  A non-work SSN satisfies this requirement.  Counties may grant good cause for failure or refusal to comply with this requirement.  Household members granted good cause are eligible for one month after the month of application.  After that, good cause must be shown monthly.  Counties must assist in obtaining verification of good cause.  Delays because of illness, temporary absence or lack of transportation are not good cause.

The California Food Assistance Program (CFAP) uses the same rules as CalFresh except that trafficking victims, crime victims, and domestic violence survivors are not required to have a SSN.  When CFAP is expanded to all individuals over age 55 regardless of immigration status, applicants who do not have a SSN will be evaluated for eligibility based on all other criteria.  (ACL 24-44, June 26, 2024.)

Verification and eligibility for public benefits for public interest parolees

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The California Department of Social Services (CDSS) has issued guidance regarding verification and eligibility for persons paroled into the United States under Immigration and Naturalization Act section 212(d)(5), also known as public interest parolees, when determining eligibility for CalWORKs, CalFresh, California Food Assistance Program (CFAP), Refugee Cash Assistance (RCA), and Entrant Cash Assistance (ECA).

When someone entering the United States is granted parole status at a port of entry or District Office, they are given a DT code.

People who are paroled into the United States are eligible for CalWORKs.  In verifying parole status for CalWORKs, counties must accept documentation showing the DT code and the length of parole, and must not ask for additional verification.  Counties can ask for additional verification or run a SAVE match if the length of parole is unclear.  Counties must review CalWORKs applications received after June 30, 2023 and were denied for failure to provide additional verification of parole status, and retroactively approve aid if the family is otherwise eligible.  When the recipient’s parole term expires, counties must evaluate whether the family meets another eligible noncitizen category.

Office of Refugee Resettlement eligible parolees are eligible for RCA or ECA if they meet all other program eligibility requirements.  Any CalWORKs applicant with a DT code who is found ineligible for CalWORKs should be evaluated for RCA and ECA. Counties must review RCA applications received after June 30, 2023 and were denied for failure to provide additional verification of parole status, and retroactively approve aid if the family is otherwise eligible.

To be eligible for CalFresh, a parolee must have a duration of parole into the United States of at least one year, and must have been in the United States for 5 years.

To be eligible for CFAP, a parolee must have a duration of parole into the United States of at least one year.  CFAP does not have the 5 year waiting period requirement. (ACL 24-27, April 24, 2024.)

California Food Assistance Program expansion

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The California Department of Social Services (CDSS) has issued policy regarding expansion of the California Food Assistance Program (CFAP) to cover persons age 55 or older regardless of their immigration status beginning October 1, 2025.

CFAP provides food benefits to some persons who would be eligible for CalFresh except for their immigration status. Examples of persons eligible for CFAP are Lawful Permanent Residents who have not resided in the United States for 5 years or worked at least 40 quarters, Parolees, Conditional Entrants, and Abused/Battered Noncitizens.

Examples of persons age 55 or over who will be eligible for CFAP after the expansion are undocumented persons, Temporary Protected Status holders, Deferred Action for Childhood Arrivals (DACA) (when they reach age 55), Immigrant and non-immigrant Visa holders, Non-immigrants who are out of status, and Parolees who are ineligible for CalFresh.

CFAP policies align with CalFresh unless otherwise stated.

Currently, noncitizens can opt out of applying for CalFresh.  That process will remain the same, and household members who opt out are excluded from both CalFresh and CFAP.

CFAP recipients are eligible for five months of transitional benefits in the same way as CalFresh recipients are eligible for Transitional CalFresh.  For CFAP, that benefit is called Transitional CFAP.

For purposes of eligibility for Disaster CalFresh, CFAP recipients are treated the same way as any other persons who are not eligible for CalFresh.  CFAP recipients must apply for Disaster CalFresh.

CFAP recipients are eligible for replacement benefits under the same criteria as CalFresh households.

Student eligibility rules are the same for CalFresh and CFAP.

CalFresh sponsor deeming rules apply to CFAP except that for CFAP sponsor deeming applies only for 3 years following the date of signing of the sponsor’s affidavit of support.  Immigrants who are victims of abuse by their sponsor or sponsor’s spouse are exempt from sponsor deeming.

Waivers and/or demonstration projects from the federal government about CalFresh also apply to CFAP.

CFAP households can appoint authorized representatives to apply for benefits, complete required reporting, and/or use the EBT card to buy food.

CFAP applicants are not required to have a Social Security Number.  Noncitizens who do not answer whether or not they have Social Security Number are considered excluded household members.

Counties must request verification of immigration status for CFAP applicants from the federal SAVE system.  If the applicant does not have a verifiable immigration status in SAVE, or has an immigration status that is ineligible for CalFresh, the county evaluates the case for CFAP eligibility.

Effective October 1, 2025, work registration and Able Bodied Adults Without Dependents rules do not apply to CFAP.

Effective October 1, 2025, CFAP recipients who do not comply with CalWORKs Welfare to Work will no longer evaluated for a corresponding CFAP sanction.

When a household applies for CalFresh, any household members who are ineligible solely because of immigration status must be evaluated for CFAP.

The rules for verification are the same for CFAP as for CalFresh. Counties must use electronic verification methods to the greatest extent possible.

Receipt of CalFresh or CFAP is not considered when determining whether someone is a public charge.

Noncitizens must be residents of California to be eligible for CFAP.

All CalFresh rules regarding residents of shelters and institutions apply to CFAP.

For households that have both CalFresh and CFAP recipients, the CFAP amount is calculated by 1) calculating what the household would receive if all included members were eligible for CalFresh, 2) calculate the CalFresh allotment with the CFAP recipients treated as nonhousehold members or excluded household members, and 3) subtracting 1 and 2 to determine the CFAP amount.

When determining the amount of CalFresh benefits, count resources but not income or deductible for: Lawful Permanent Residents, Asylees; Parolees; people under withholding of deportation or removal; people who are aged, blind, or disabled and are admitted for temporary or permanent residence; and special agricultural workers admitted for temporary residence.  For these populations, any payment made by the excluded noncitizen to any member of the CalFresh household is counted as income.

For all other persons who are ineligible for CalFresh because of immigration status, count all but a prorated share of income and deductible expenses for the CalFresh household.

Applicants can apply for benefits under the CFAP expansion beginning September 1, 2025.  An informing notice will be sent to CalFresh and CFAP household with previously excluded household members age 55 or older at least 30 days prior to implementation of the CFAP expansion.  Counties must offer to add any newly eligible noncitizen household members at recertifications due in September, 2025.  Households may begin to request to add a previously excluded household member in September, 2025.  A new application is not required to add a newly eligible noncitizen to an existing CalFresh of CFAP household.

Beginning in September, 2025, if the county has contact with a household that contains excluded noncitizens, the county may offer to add any newly eligible noncitizens effective October 1, 2025. Counties must add newly eligible noncitizens mid-period on request.  Counties must add a previously excluded household member at semi-annual report.

Ongoing households may have changes in immigration status that impact eligibility for CalFresh or CFAP.  Change in immigration status is not a mandatory midperiod report.  Changes in immigration status that are reported mid-period are evaluated in the same way as any other mid-period report, that is, they are processed only if they will increase benefits.

For households that are receiving Transitional Nutrition Benefits or Supplemental Nutrition Assistance benefits, a new CalFresh application for recertification is required when there is a change in household composition.  However, adding a new CFAP eligible member to the household mid-period or at semi-annual report does not change the household’s Supplemental Nutrition Assistance benefit.  A household’s Supplemental Nutrition Assistance benefit does not change when a household members changes from CalFresh to CFAP.  (ACL 23-57, June 29, 2023.)

California Food Assistance Program overissuances

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The California Department of Social Services (CDSS) has issued guidance about new policies for overissuances in the California Food Assistance Program (CFAP).  CFAP provides state funded food benefits for certain non-citizens who are ineligible for CalFresh because of their immigration status.  Effective October 1, 2025, CFAP will expand to cover persons age 55 or older regardless of their immigration status.

Beginning October 1, 2025, for mixed households, that is, households with some members who receive CalFresh and other who receive CFAP, CalFresh and CFAP overissuances must be calculated, established, and collected separately from each other.  Counties must create separate recovery accounts, and must send separate overissuance notices for each program.  Counties must apply the current overissuance collection threshold to each claim.  Collection will be at the appropriate rate (5% or $10 for administrative errors, 10% for inadvertent household errors) for the CalFresh and CFAP claims individually.

Effective October 1, 2025, benefit reduction to collect an overissuance must correspond to the program.  CalFresh benefits will not be used to recoup a CFAP overissuance and visa versa.  If a household that has collection by benefit reduction changes from CalFresh to CFAP or visa versa, the household must sign a new repayment agreement to change the source of recoupment.

Effective October 1, 2025, counties must submit CFAP overissuances to the Franchise Tax Board for collection.  However, if the current or former CFAP household member does not have a Social Security Number or an Individual Taxpayer Identification Number (ITIN), counties do not submit the overissuance to the Franchise Tax Board.  (ACL 23-73, September 6, 2023.)