Expiration of indigence exception for CAPI

Posted on by

CDSS has provided clarification about the process for renewal of an indigence exception in the Cash Assistance Program for Immigrants (CAPI) program.  For CAPI, if an immigrant’s sponsor has signed the New Affidavit of Support (I-864 form), the sponsor’s income and resources are deemed to the immigrant for 10 years (extended CAPI cases).  If the sponsor becomes disabled, deeming continues indefinitely (basic CAPI cases).  Counties determine the sponsor’s income and resources using the SOC 860 form.  Sponsor deeming can be suspended under the indigence exception.  When the immigrant is no longer being provided with support by their sponsor, and as a result the immigrant is no longer able to provide themselves with food and shelter, the immigrant may be eligible for the indigence exception to sponsor deeming.

The indigence exception applies 12 months after it is granted.  After 12 months, the application for the indigence exception must be completely redone.  CDSS recommends that the CAPI redetermination process begin no later than 10 months after the previous redetermination to have enough time to receive the redetermination paperwork.

For renewal of the indigence exception, the recipient must complete the SOC 809 CAPI Indigence Exception Statement.  The sponsor must complete the SOC 860 form.  The county must then complete the SOC 813 CAPI Indigence Exception Determination form.

The SOC 860 sponsor income and resources form must be redone at each annual redetermination, regardless of whether the recipient requests the indigence exception unless the sponsor’s whereabouts are unknown.  The form is sent to the sponsor and the recipient.  If it is not returned, CAPI is suspended and benefits stopped.  (ACL 17-33, summarized here.)[1]

The initial clarification incorrectly stated that counties could redetermine the indigence exception if the county becomes aware of a change in circumstances.  In fact, the CAPI indigence exception applies for a full 12 month period.  CDSS issued an errata correcting this error.  (ACL 17-70, July 21, 2017 and ACL 17-70E, December 21, 2017.)

[1] Two lawsuits have been filed challenging the policy in ACL 17-33 to suspend CAPI benefits if the sponsor does not return the SOC 860 form.

CalFresh Maximum Certification Periods

Posted on by

CDSS has provided information about amendments to Welfare and Institutions Code Section 18910.1 that requires counties to assign the maximum certification period allowable for the household type.  The maximum certification period is generally 12 months.  Households in which all adult members are elderly or disabled are certified for 24 months.  Households with only elderly and/or disabled members with no earned income are assigned a 36 month certification period.

Any determination of a certification shorter than 12 months should be made on a case-by-case basis.  (ACL 17-101, December 22, 2017.)

Eligible foods for SNAP purchases

Posted on by

The United States Department of Agriculture Food and Nutrition Service (FNS) has issued policy about which foods are eligible for purchase with Supplemental Nutrition Assistance Program (SNAP, known as CalFresh in California) benefits.

In general, food items intended for human consumption are eligible for purchase with SNAP.  This includes cooking ingredients normally consumed only after being incorporated into food with other ingredients, vegetable products imparting flavor to food and items not labeled as food such as water and ice.

Certain non-food items can also be purchased with SNAP including

  • garden seeds and plants used to produce food for human consumption
  • military commissary surcharges
  • container deposits under state law
  • sales tax only if it is included in the shelf price of an eligible item.

Items excluded from purchase with SNAP include:

  • alcohol
  • tobacco and nicotine delivery products
  • hot food, which is defined as foods and beverages that are hot at the point of sale
  • prepared food intended for on-premises consumption, but prepared food intended for off-premises consumption is eligible as long it is not hot at the point of sale
  • firearms, ammunition and explosives
  • medicines and dietary supplements; live animals, except for shellfish
  • fish as long as they are removed from water prior to removal from the sales premises, and other animals live at the point-of-sale if they are slaughtered prior to removal from the premises
  • gift baskets if the value of non-food items is over half of the purchase price
  • non-food items
  • fees, including retailer fees for the delivery of food and grocery bag fees
  • sales tax unless it is included in the shelf price of an item.

(RPMD Policy Memorandum 2018-2, January 16, 2018.)

CalWORKs mental health and substance abuse services

Posted on by

CDSS has provided information about changes to CalWORKs mental health and substance abuse services that are effective between July 1, 2017 and July 1, 2018.  For that period, counties can provide mental health and substance abuse services to children of CalWORKs recipients, and can contract with community-based providers and other local agencies to provide these services.

Children are eligible for these services if the parent(s) are participating or required to participate in Welfare –to-Work (WTW), exempt volunteers or are sanctioned or removed from CalWORKs for failure to comply with WTW requirements.  At the county’s discretion, services can be provided to children of adults who have a temporary WTW exemption.  Services can be provided to children of timed out clients as a post aid service.  Children of adults who are ineligible for CalWORKs are not eligible for services.

This funding must be used in addition to, and not as a substitute for, available mental health or substance abuse funding available from other government programs.  Funding cannot be used for services covered under Medi-Cal or a county mental health plan.

A parent cannot be sanctioned because of a child’s refusal to participate in mental health or substance abuse services.  Refusal or failure of an adult to participate in assigned activities does not prevent children from being referred to or receiving mental health or substance abuse services.

Counties can now send clients to community based providers, including county mental health departments, for mental health evaluations.  That provider must evaluate the recipient and determine any treatment needs, including the extent to which the individual is capable of employment and under what conditions the individual can work. The evaluation must be considered in development of the WTW plan.  Activities and services in the WTW plan must accommodate any restrictions associated with any mental, emotional or substance abuse condition identified in the evaluation.  (ACL 18-04, January 25, 2018.)

CalFresh Employment and Training Program ABAWD Deferral

Posted on by

CDSS has issued guidance regarding AB 563 which defers individuals who are considered Able-Bodied Adults Without Dependents (ABAWD) from mandatory placement in the CalFresh Employment and Training (E & T) Program.

AB 563 expands the deferral criteria from CalFresh E & T to include individuals subject to the ABAWD time limit which limits eligibility to three full months in a 36-month period for people between ages 18 and 50 who are not disabled and who do not have children.  Counties that choose to operate CalFresh E & T programs must continue to screen work registrants to determine whether they will participate in or be deferred from mandatory CalFresh E & T placement.  Deferred individuals may voluntarily participate.  Note that as of the publication of this letter, all CalFresh E & T programs in California are voluntary.

AB 563 also adds job search training, Workforce Innovation and Opportunity Act activities, self-employment training and job retention and allowable components of CalFresh E & T programs.  The statute also adds subsidized employment as an allowable CalFresh E & T program component, but implementing that is contingent on approval of a federal waiver to allow federal E & T funds to be used for subsidized employment.  (ACL 18-11, January 25, 2018.)