CalFresh student eligibility based on local programs that increase employability

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The California Department of Social Services (CDSS) has issued updates regarding the assessment and approval process of campus based Local Programs that Increase Employability (LPIE) for the CalFresh program.

In general, persons who are enrolled at least half-time in an institution of higher learning are ineligible for CalFresh.  There are several exceptions to this rule which allow college students to be eligible for CalFresh.  One of those exceptions is the student is participating in an employment and training program operated by a state or local government which has one or more components that are equivalent to a CalFresh Employment and Training Component.  Those components include Adult Basic Education, Career & Technical Education, English Language Acquisition, Work Readiness Training, and Work Experience.  CDSS determines whether a state or local program qualifies under this definition.

Campus based programs that meet these requirements must submit an application to CDSS on or before September 1, 2022.  Counties will no longer participate in the process of identifying campus based LPIEs. CDSS has a list of approved programs on its website.  After September 1, 2022, the list will be updated monthly to identify new programs, newly qualifying programs and previously approved programs that no longer meet the criteria.

CDSS has determined that Campus Based Employment and Research and Teaching Assistantship Program always meet the criteria for being considered LPIEs and therefore students in those programs are eligible for CalFresh benefits.  Students enrolled in Workforce Innovation and Opportunity Act will continue to eligible because those students have a different exemption from the student rule.

Programs at private institutions are no longer eligible for LPIE status because the programs must be operated by a state or local government.  Previously approved programs at private institutions are removed from the approved list effective September 1, 2022.  Students who are already enrolled in those programs and are receiving CalFresh on that basis must remain eligible for the length of their certification period.  Student eligibility status must be reassessed at the student’s next recertification.

Most state-funded and foster youth programs previously approved as LPIEs will be removed from the approved list.  These programs will need to be individually assessed and approved as meeting the criteria to be LPIEs.  Programs that were previously approved that now must be individually identified and assessed as having a component equivalent to a CalFresh Education and Training component include:  Extended Opportunity Programs and Services (EOPS), Educational Opportunity Program (EOP),  Disabled Students Programs and Services (DSPS) & Student Academic Services (SAS), Cooperative Agencies Resources for Education (CARE) Program, McNair Scholars Program, Mathematics, Engineering, Science Achievement (MESA) Program, Unaccompanied Refugee Minors (URM) Program, Guardian Scholars Program, Foster Youth Success Initiative (FYSI), Cooperating Agencies Foster Youth Educational Support (CAFYES), Chafee Education and Training Voucher (ETV) Program, and Extended Foster Care (AB 12/AB 212).  Students who are already enrolled in those programs and are receiving CalFresh on that basis must remain eligible for the length of their certification period.  Student eligibility status must be reassessed at the student’s next recertification.

Students who are enrolled in a LPIE should be informed by their campus that they meet an exception to the student eligibility rule.  If a student states, verbally or in writing, that they are enrolled in a program that is on the list of approved LPIEs, counties should exempt the student from the student rule unless that information is questionable.  If the information is questionable, acceptable verification can include, a transcript, an email from an instructor, verbal affirmation from a campus official, or  targeted outreach emails from campuses to LPIE enrollees.  If a program does not appear on the LPIE list, counties must explore whether the student is enrolled in another LPIE or meets another exemption from the student rule before determining that the student is ineligible for CalFresh.  (ACL 22-46, June 3, 2022.)

COVID-19 CalFresh emergency allotment for September, 2022

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California has been approved to issue an emergency allotment of CalFresh for September, 2022.  All households will receive at least the maximum CalFresh allotment.  Households eligible to receive the maximum allowable allotment based on household size are now eligible to receive an emergency allotment of $95 per month. Households who are not eligible to receive the maximum allowable allotment based on household size, but whose emergency allotment would be less than $95 per month to receive the maximum allotment, will receive additional CalFresh benefits to raise their emergency allotment to the $95 minimum.

The emergency allotment will be issued on October 16, 2022.

Moving forward, emergency allotments may be approved by FNS on a month-to-month basis until the Secretary of Health and Human Services rescinds the public health emergency.  There will be a one-month phase out of emergency allotments after the public health emergency is rescinded.  (ACWDL, September 2, 2022.)

Changes to expungement of CalFresh benefits

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The California Department of Social Services has issued instructions regarding changes in expungement of CalFresh benefits.  Currently, CalFresh benefits are expunged from the Electronic Benefits Card when they have been available for 365 days and there has been no activity on the card.  Effective September 2022, the timeframe for expungement of CalFresh benefits from Electronic Benefits Card with no activity is reduced to 9 months.  Household must receive 30 days notice of the first time benefits are expunged.  Subsequent expungements do not require advance notice.

CDSS must verify death matches and give notice prior to expunging benefits because a household member has died.  This allows surviving household members to respond prior to expungement.  If all members of the household have died, CDSS must expunge all benefits.

If the adult household members and Electronic Benefits Transfer cardholder dies and there are children in the home, the benefits remain on the account and the account remains active.  The household must choose a new head of household or the county will choose one for the household.  A new Electronic Benefits Card will be issued to the new head of household.  (ACL 22-62, July 22, 2022.)

COVID-19 CalFresh emergency allotment for August, 2022

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California has been approved to issue an emergency allotment of CalFresh for August, 2022.  All households will receive at least the maximum CalFresh allotment.  Households eligible to receive the maximum allowable allotment based on household size are now eligible to receive an emergency allotment of $95 per month. Households who are not eligible to receive the maximum allowable allotment based on household size, but whose emergency allotment would be less than $95 per month to receive the maximum allotment, will receive additional CalFresh benefits to raise their emergency allotment to the $95 minimum.

The emergency allotment will be issued on September 4, 2022 for CalSAWS counties and September 10, 2022 for CalWIN counties.

Moving forward, emergency allotments may be approved by FNS on a month-to-month basis until the Secretary of Health and Human Services rescinds the public health emergency.  There will be a one-month phase out of emergency allotments after the public health emergency is rescinded.  (ACWDL, August 19, 2022.)

IHSS Quality Improvement Action Plans for noncompliance with timely application processing, recertifications and Hourly Task Guidelines

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The California Department of Social Services (CDSS) has issued a letter reiterating IHSS requirements for timely processing of applications and reassessments, and for following Hourly Task Guidelines.

Individuals have the right to apply for IHSS services.  When an individual or their authorized representative indicates that they want to apply, the county must take their application immediately.  Counties must accept applications by telephone, fax or in person.  Counties that have the capability must accept applications online, by email or through other electronic means.

The date the applicant requests services is the “protected date of eligibility” even if the client has not already applied for Medi-Cal.

The applicant must submit the SOC 873 Health Certification form, or other acceptable documentation, within 45 days of the date the county requests it.  Benefits can be issued prior to the applicant submitting a SOC 873 when the applicant is at imminent risk of out-of-home placement, or the applicant is being discharged from a hospital or nursing home and services are needed to safely return to the community.  Applicants who receive benefits pending submitting the SOC 873 can get an additional 45 days to submit the SOC 873 for good cause.  In addition, applicants who have not yet applied for Medi-Cal can have 90 days to submit the SOC 873 because there is 45 days to determine Medi-Cal eligibility.

Reassessments must be done every 12 months.  CDSS requires counties to complete reassessments timely in 80 percent of cases.  Counties must complete reassessments time in 100 percent of Community First Choice Options cases, CDSS will find noncompliance if the county complete assessments timely in 90 percent of Community First Choice Options cases.  Counties will be required to submit a Quality Improvement Action Plan if they do not meet these requirements.

Counties must use the Hourly Task Guidelines for initial assessments or reassessments.  These guidelines establish a range of time for each IHSS service.  The county must document the need to services that fall outside the Hourly Task Guidelines.  Beginning in fiscal year 2023-24, CDSS will require a Quality Improvement Action Plan for counties that do not correctly apply and document applying Hourly Task Guidelines.  (ACL 22-57, July 22, 2022.)

In-Home license-exempt child care

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The California Department of Social Services has provided new policy guidance regarding the use of in-home licensed-exempt child care.  CalWORKs Stage One child care already allows license-exempt in-home child care.  Effective immediately, CalWORKs Stage Two, CalWORKs Stage Three, Alternative Payment Programs and Migrant Alternative Payment Programs must also authorize allows license-exempt in-home child care.  Families must sign a form assuming employer responsibilities for the in-home license-exempt provider and acknowledge they must comply with any applicable federal and state employment laws.

Contractors must promote parental choice and provide translations of the form in a language that the parent understands.  (CCB 22-13, June 23, 2022.)