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.)

Adoption Assistance Program Eligibility

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CDSS has issued a clarification regarding Adoption Assistance Program (AAP) eligibility.  Starting October 1, 2016, children are eligible for federal AAP if they age 2 or older.  Federal AAP requires the placing agency to have a Title IV-E agreement with the state of California.  This means that children placed by public agencies or Indian tribes can be eligible for federal AAP if the placing agency has a Title IV-E agreement.  However, children placed through a private agency cannot be eligible for federal AAP.

Please note that children placed by private agencies can be eligible for state AAP.  (See ACL 16-38, summarized here.)  ACIN I-82-16 (November 16, 2016).

Restaurant Meals Program on College Campuses

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CDSS has issued instructions about implementing AB 1747 (2015) regarding implementation of the CalFresh Restaurant Meals Program on college campuses.  The Restaurant Meals Program allows elderly, disabled or homeless CalFresh households to use their benefits at participating restaurants.

AB 1747 requires two or four year colleges that operate food facilities on campus to apply to become a food vendor under the Restaurant Meals Program.  AB 1747 also requires colleges to provide contracting food vendors with information about the Restaurant Meals program.

In addition, AB 1747 requires the CDSS to act as the state entity for receipt of federal reimbursement for CalFresh outreach to state educational institutions and other state and local agencies.  AB 1747 also requires CDSS to establish the Public Higher Education Pantry Assistance Account, which, if funded by the legislature, would provide funding for food banks that support on campus pantry and hunger-relief efforts for low-income students. ACL 16-112 (December 23, 2016).

CalWORKs Overpayments Based on Income or Household Composition Reporting

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CDSS has instructions to counties about AB 2062 regarding overpayments based on income or household composition reporting.  Effective January 1, 2017, counties cannot assess an overpayment in the month following a change in income over the income reporting threshold or a change in household composition for an assistance unit that does not include an eligible adult, if the recipient timely reported the change but the county was unable, before the first month following the change, to provide 10 days notice of termination or reduction in benefits.

Recipients subject to semi-annual reporting must report income changes over the income reporting threshold within 10 days.  Child only cases subject to annual reporting must report income over the income reporting threshold or changes in household composition within 10 days.  Prior to AB 1232, there was an overpayment if these changes were reported timely but the county could not issue a notice of action giving 10 days notice of reduction or termination of benefits.

Under AB 1232, this changes and now if these changes are reporting timely and the county is unable to give 10 days notice of reduction or termination of benefits, the next month of benefits will not be an overpayment.  However, if these changes are not reported timely (that is, not reported within 10 days) and the county could not issue a notice of action giving 10 days notice of reduction or termination of benefits, the next month of benefits will still be an overpayment.  ACL 16-120 (December 30, 2016). 16-120E (March 10, 2025) [editing one example in the letter].

 

Telephone Interviews for CalWORKs

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CDSS has issued instructions to counties about SB 947 which allows counties to do telephone interviews for CalWORKs effective January 1, 2017.  Counties can choose whether to do telephone interviews for CalWORKs.  A county that chooses to do telephone interviews can do face-to-face interviews on a case-by-case basis.  Those counties must provide a face-to-face interview if requested by the CalWORKs applicant or recipient. The county must have procedures in their county plan for conducting telephone interviews.

Telephone interviews must occur within seven working days of filing of the application.  If an applicant meets the immediate need interview requirements on the application, the telephone interview must occur no later than the next working day.

For telephone interviews, there are three ways counties can obtain signatures on documents.  The county can mail the documents to the applicant or recipient.  The county can use an interactive voice response system that has a PIN number that can act as an electronic signature.  In addition, if the application was filed online, the county can upload documents to the applicant or recipient’s online account.  A journal entry stating the client attested to the information is not sufficient.  CDSS provided a chart that outlines the county’s options regarding telephone interviews.  ACL 16-119 (December 30, 2016).