Verifying shelter costs for CalFresh excess shelter deduction

The California Department of Social Services (CDSS) has issued instructions implementing AB 494 that requires counties to accept shelter costs reported by a CalFresh applicant or recipient on a signed application, periodic report or recertification.  Counties cannot request additional verification unless the expenses reported are questionable.

Counties must deduct the actual amount of the household’s monthly shelter costs in excess of 50 percent of their income after all other deductions.  The excess shelter cost deduction cannot be more than the current maximum unless the household includes at least one elderly and/or disabled member.

Allowable shelter costs include rent, mortgage payment, loan payment on a mobile home, condominium and homeowner association fees, property taxes and insurance on the home.

To be considered questionable, information reported must be inconsistent with statements made by the applicant or inconsistent with other information received by the county.  If the reported shelter expense is questionable, the county must verify it before allowing the deduction.  Counties cannot require a specific document or type of verification.  Acceptable verification includes rental agreement, rent receipts, mortgage bills, property tax assessment, home or renter’s insurance bills, hotel receipts, cancelled checks or copies. The reason a reported shelter cost was determined questionable, the request for verification, and any verification provided by the household, must be documented in the case file.  (ACL 19-86, August 21, 2019.)

CalFresh medical deduction for medical travel

The California Department of Social Services (CDSS) has issued policy guidance regarding verification and deduction of medical expenses, specifically transportation, for CalFresh eligibility.

Households can claim the excess medical deduction for non-reimbursed medical expenses over $35 per month incurred by an elderly and/or disabled household member.  The standard medical expense deduction is $120.  Households can request using actual medical expenses when medical expenses are over $155 per month.

Medical expenses must be verified for households to claim the medical expense deduction.  Counties cannot require a specific type of verification.  Counties must assist households in obtaining verification if needed.  If the household cannot provide verification, the county determines the CalFresh grant without the medical expense deduction.  Households can claim and verify medical expenses at any time.  Households may use the CF31 form to report medical expenses.

Counties should not re-verify medical expenses if they are unchanged or a change is $25 or less.  Households remain eligible for the standard medical expense deduction if they report their medical expenses continue to exceed $35 per month.

Allowable medical expenses include the cost of transportation to obtain treatment or services.  This includes transportation to health care appointments and pharmacies and to other locations to fill prescriptions, fittings for dentures, hearing aids or glasses.

Households must verify expenses for public transportation, taxis and ride shares.  For travel by private vehicle, the county must accept a verbal or written statement that the travel was required for medical reasons unless that statement is questionable.  County staff then calculates the mileage using a mapping application.  A copy of the map must be kept in the client’s case file.  Gas receipts are not required.  Mileage counts at the IRS rate which is currently 58 cents per mile.  (ACL 19-89, August 28, 2019.)

Gender and name changes in child support cases

The California Department of Child Support Services (DCSS) has issued a policy that individuals may change their gender with the DCSS at any time.  Local Child Support Agencies must accept any change of an individual’s gender to male, female or nonbinary without the need for documentation or form completion.  Gender changes may or may not be accompanied by name changes.

A name change requires a government issued form of identification such as a driver’s license or a Social Security card with a new legal name.

All Local Child Support Agencies must change all materials, including county specific forms and outreach materials, to comply with AB 179, the Gender Recognition Act, including but not limited to adding a nonbinary gender option and removing gender specific pronouns.  (CSSP Letter 19-06, July 31, 2019.)

Child support for adult disabled children

The California Department of Child Support Services (DCSS) has issued a policy that child support services must be provided for an adult disabled child if the child’s disability is verified to have occurred prior to the age of majority, the child is incapacitated and unable to earn a living, and without sufficient means.  This policy is based on Family Code Section 3910.

Before opening a case, the Local Child Support Agency must request verification that child’s disability occurred prior to the age of majority, the child is incapacitated and unable to earn a living, and without sufficient means.

If there is a claim of disability in an open case and that claim is verified, the Local Child Support Agency must file a motion to extend support under Family Code Section 3910.

If an applicant has a child support order for an adult disabled child, the Local Child Support Agency must enforce the order past the age of majority if the order states the disability occurred prior to the age of majority or, if the order is silent about disability, the applicant provides documentation that the disability occurred prior to the age of majority.  (CSSP Letter 19-07, July 31, 2019.)

Union eligibility for Waiver Personal Care Services providers

The California Department of Social Services (CDSS) has issued instructions implementing AB 1811 Section 34 which establishes the county, public authority or nonprofit consortium as the employer of record for Waiver Personal Care Services providers for purposes of good faith negotiations regarding wages, health benefits and other conditions.

Effective July 1, 2019, Waiver Personal Care Services providers have the same collective bargaining rights, wages, health benefits and other conditions as In Home Supportive Services providers in their respective counties.  Waiver Personal Care Services providers are now eligible for health benefits administered by the county and are eligible to become union members.  (ACL 19-61, June 28, 2019.)

CalFresh treatment of 2020 census income

Effective August 1, 2019, earned income received directly from the Census Bureau for temporary employment related to the 2020 census must be excluded when determining CalFresh eligibility and benefits.  This policy applies through September 30, 2020. This policy is based on federal approval of a demonstration project.

The temporary census income exclusion cannot be applied retroactively.  However, counties that become aware of households who received income from the Census Bureau and were denied CalFresh benefits and were denied CalFresh after the effective date of this policy should reconsider those denials based on current policy.  (ACL 19-79, August 5, 2019.)