Welfare-to-work sanction checklist

CDSS has issued a checklist to determine non-compliance with welfare-to-work requirements. The checklist is designed to ensure appropriate steps are taken to resolve any instance on non-compliance.

Counties may revise the checklist to remain consistent with county-level guidance. However, any modifications should be inclusive of the steps and content provided in the checklist.

Use of the checklist is voluntary.  (ACIN I-84-18, January 14, 2019.)

EBT skimming and scams

The California Department of Social Services has issued instructions regarding replacement of electronic benefits transfers (EBT) stolen by skimming or scams.  Skimming is using electronic equipment to capture the recipients’ EBT card and create a counterfeit card.  Scams involve deceiving or misleading a recipient to provide their account information and then using that information to create a counterfeit card.

Claims for electronic theft are made using the EBT 2259 form.  Recipients can contact either the EBT Customer Service Helpline or the county welfare department. 

In addition to the EBT 2259 form, recipients are required to file a police report unless there is good cause.  The police report number is required on the EBT 2259 form but a copy of the report is not required.  Good cause for not filing a police report includes that the police department does not accept reports of identity theft or financial fraud, the police department does not provide interpreter services for non-English speakers, there is a fee to file the police report, the police department does not provide disability accommodations, the recipient does not have transportation, and submitting a report in person would interfere with participation in welfare-to-work activities.

Counties review the EBT 2259 form and determine if it is complete and whether the allegations are consistent with typical scamming practices.  If the claim does not allege typical scamming practices it is considered for further review.  In addition, counties must verify that benefits for the recipient have not been restored because of scamming in the last 36 months. 

Recipients must file an electronic theft claim within 90 days.

Counties have 10 days to issue repayment unless there is a fraud investigation or over $2,000 is involved.  The reimbursement is not counted as income or property in the month received or the next month.  (ACL 18-148, December 31, 2018.)

Update: People reporting electronic theft no longer need to contact the electronic benefits transfer vendor prior to submitting the form EBT 2259 to the county.  People reporting electronic theft must contact the county within 10 days of the loss, and file the EBT 2259 form with the county within 90 days of the loss. People no longer are required to file a police report to submit the form EBT 2259 and get replacement benefits.  (ACL 23-13, January 27, 2023.)

Febraury 2019 early CalFresh issuance

CDSS is issuing CalFresh benefits for February 2019 early between January 16 and January 20.  This early issuance is required because, as a result of the federal government shutdown, there is no appropriation to fund the Supplemental Nutrition Assistance Program (SNAP)  after January 20.

Counties must provide client notice as they would for a mass change.  This includes county websites, posters, press and social media.  There is no individual household noticing requirement.  However, counties are encouraged to contact individual households as feasible using communication channels such as text messaging, email and phone messges.

Most clients will receive their benefits between January 16 and 20.  However, some clients will receive benefits on their normal issuance date if they are eligible and federal reserve funds are available.  These clients are 1) current clients who have a report due in January but the report is received and processed after the early issuance but before the end of January; 2) current clients who have a report due in January and whose eligibility is determined after the end of January; 3) News client determined eligible after the early issuance is completed and 4) New clients who apply on or after February 1.  CDSS estimates that about $86 million in benefits is associated with cases which will not be completed by January 20 because reports have not been submitted or case processing is not completed.

Without a new appropriate for the United States Department of Agriculture either by resolution of the federal government shutdown or by enactment of separate legislation appropriating funds for the SNAP program, there is insufficient federal funding for March benefits.  (All County Welfare Directors Letter, January 11, 2019.)

EBT surcharge free network and text message information

The California Department of Social Services has issued information about the new Electronic Benefits Transfer (EBT) surcharge-free ATM network.  The new network is attached to the notice and will be mailed to the clients with a cover letter.  The new network includes all Bank of America ATMs in California.  However, effective February 1, 2019, ATMs in the MoneyPass network will no longer be surcharge-free.  A list of surcharge-free ATMs is on the EBT Client Website

Clients will no longer be charged balance inquires or for withdrawls after the fourth withdrawal in a month.

Clients can now get information about their EBT account via text message.  Clients need to register their cell phone number on the EBT Client Website.  After doing that, they can get their account balance, surcharge-free ATMs in their area, all ATMs in their area, and restaurants, stores and farmers markets in their area that accept EBT.  (ACIN I-88-18, December 28, 2018.)

SOGI self-identification

The California Department of Social Services has issued instructions implementing voluntary self-identification of sexual orientation and gender identity (SOGI).  Although counties must ask about SOGI, applicant or recipient responses are voluntary.  CDSS has created form CW 2223 for this purpose.  Counties must use the CW 2223 for applications and redetermination/recertifications.  All primary caretaker relatives, including minor parents/caretaker relatives, who elect to disclose this information complete their own CW 2223 form.  Applicants and recipients must be given the opportunity to complete the form regardless of whether the application or redetermination/recertification is done by phone, in person or on line.  For example, if the interview is done by phone, the form should be mailed to the client.

The CW 2223 is not programmed into the county computer systems.  The letter contains instructions for how county workers need to enter the information into the computer systems. 

For CAPI only cases, the CAPI application includes optional SOGI questions so the CW 2223 form does not need to be used.

Counties should do periodic training of front line staff on SOGI sensitivity and best practices.  According to CDSS, some best practices include explaining why the questions are being asked and that the responses are confidential, and using gender-neutral language such as partner or significant other.  (ACL 18-133, November 8, 2018.)

ABAWD 15% exemptions

The California Department of Social Services (CDSS) has issued instructions regarding allocation and use of the 15% exemptions for counties implementing the Able Bodied Adults Without Dependants (ABAWD) requirement.

The ABAWD requirements is that able bodied persons age 18 to 49 are eligible for CalFresh for only 3 full months in a 36 month period unless they are exempt or satisfying work requirements.  Federal law gives each state individual exemptions equal to 15% of its annual caseload.  These exemptions allow counties to extend CalFresh eligibility to ABAWDs who would otherwise be ineligible.  Each exemption is equal to one full month of CalFresh eligibility for one ABAWD.

The 15% exemptions are only available to persons at risk of losing CalFresh benefits for not satisfying work requirements.  California has established equivalent exemptions for persons receiving California Food Assistance Program benefits.  People serving a sanction are ineligible for a 15% exemption.

For the period September 1, 2018 to August 31, 2019, San Francisco, Santa Clara and San Mateo counties are subject to the ABAWD requirement.  The ABAWD requirement is implemented by first assessing persons subject to the ABAWD requirement and screening for exemptions, second engaging ABAWDs to find additional work or participate in qualifying work activities, then third providing 15% exemption to maintain food assistance.

For fiscal year 2018, California has 866,894 15% exemptions including exemptions carried over from prior years.  (ACIN I-72-18, October 30, 2018.)