Compromise CalFresh overissuances for elderly or disabled households

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The California Department of Social Services has issued guidance regarding its compromise policy for households with elderly and/or disabled members.  Counties will compromise Administrative Error (AE) and Inadvertent Household Error (IHE) overissuances for active and inactive households that include at least one elderly and/or disabled household member.  AE and IHE claims for active and inactive households consisting solely of members who are elderly and/or disabled at the time of discovery of the claim will be reduced by 100 percent.  AE and IHE claims for active and inactive households that include at least one elderly and/or disabled household member and only an elderly and/or disabled household member is responsible for the claim will be reduced by 100 percent.  AE and IHE claims for active and inactive households that include at least one household member is elderly and/or disabled and one who is not and the non-elderly or disabled household member is responsible for the claim will be reduced by 50 percent.

The date of discovery is the date the county determined that an overissuance occurred.

For active and inactive cases, counties must use the most recently verified information to determine household composition at the time of discovery.

Household members who become elderly and/or disabled during collection of an overissuance are eligible for reduction.  The household must inform the county and verify their elderly and/or disabled status verified by the county to have their remaining overissuance claim reduced.

Counties are only required to inform households of a reduction if the household’s claim is reduced by 100 percent on an already established claim.  No notice is required if a household’s overissuance is reduced by 100 percent prior to establishment of the claim.  Counties must give notice to households of a 50 percent compromise and of the remaining overissuance balance.

The new policy does not affect claims already in collection.  However, households can request a reduction if they become elderly or disabled after the new policy is in effect.

This compromise policy does not apply to overissuances incurred while waiting for a unsuccessful hearing decision.

This policy is anticipated to become effective in Fall, 2022.  CDSS will issue final guidance when the implementation date is determined.  (ACL 21-118, September 30, 2021.)

UPDATE: Automation of the overissuance compromise policy and revised Notices of Action is expected to be completed by May 1, 2023, which is the final date that the policy can become effective.  (ACL 22-61, July 22, 2022.)

UPDATE: Automation of the overissuance compromise policy and revised Notices of Action is expected to be completed by September 1, 2023.  (ACL 22-61E, April 11, 2023.)

Two year timeframe to establish overpayment/overissuances

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Current California Department of Social Services policy limits establishment of CalFresh overissuances to three years prior to the date of discovery.  (See ACL 18-99.)  Effective July 1, 2022, or when automation can be completed, whichever is later, counties can only establish nonfraudulent CalWORKs overpayments and CalFresh overissuances for two years prior to the date of discovery.  The date of discovery is the date the county determined by computation that an overpayment or overissuance occurred.  The overpayment/overissuance is considered established as of the date of the initial demand letter or written notice.

When a valid overpayment/overissuance is established, any overpaid or overissued benefits paid more than 24 months prior to the date of discovery cannot be included in the overpayent/overissuance claim.

The 24 month timeframe does not apply to fraudulent overpayment/overissuances.  A fraudulent overpayment/overissuance is an Intentional Program Violation.  An Intentional Program Violation can only be established by an administrative disqualification hearing finding that fraud has occurred, a signed administrative disqualification waiver, a criminal prosecution, or a signed disqualification consent agreement.

Counties can reclassify nonfraudulent overpayments/overissuances if the county later determines that fraud occurred.  An Intentional Program Violation can include overpayment/overissuances beyond the 24 month limit.  When reclassification occurs, the county must issue a new notice of action.  (ACL 21-109, September 29, 2021.)

CalWORKS Income Reporting Threshold for the Federal Fiscal Year 2022

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The California Department of Social Services (CDSS) issued new amounts for the Income Reporting Threshold (IRT) for CalWORKs and CalFresh.

CalWORKs and CalFresh recipients do not need to report changes to their income between semiannual reports or annual recertifications unless their combined earned and unearned income increase to an amount over the IRT.

For persons who report income over the IRT, the county will determine if the reported income is anticipated to continue. If the income amount over the IRT is reasonably anticipated but not at a level that results in ineligibility, the grant amount will be recalculated.

If the income over the IRT makes the recipient ineligible, the county will discontinue benefits at the end of the month.

Recipients will be sent individualized notices to inform them of their new IRT amount.  (ACL 21-92.)

Statewide CalFresh Restaurant Meals Program

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Effective September 1, 2021, the CalFresh Restaurant Meals Program (RMP) is available statewide.  RMP allows elderly, disabled or homeless CalFresh recipients to purchase hot food at authorized restaurants.  Previously, 18 counties operated RMP.  The California Department of Social Services (CDSS) will operate RMP in counties that did not previously have it, and in counties that have chosen to transfer administration of their RMP to CDSS. CDSS’ administration includes vendor outreach and technical assistance, maintaining vendor agreements, supporting vendors in obtaining authorizes from the United States Department of Agriculture Food and Nutrition Service (FNS), and program monitoring.  CDSS will also be the RMP liaison between counties and FNS.

Counties that continue to administer RMP will need an outreach and marketing plan and outreach materials, will work with vendors and will enter into vendor agreements.  (ACL 21-100, August 27, 2021.)

Child care hearings

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On July 1, 2021, the following programs transferred from the California Department of Education to the California Department of Social Services (CDSS):

  • General Child Care and Development Programs (CCTR)
  • California Family Child Care Home Education Networks (CFCC)
  • Programs for Children with Severe Disabilities (CHAN)
  • Migrant Child Care and Development Programs (CMIG)
  • Migrant Child Care Alternative Payment Programs (CMAP)
  • California Alternative Payment Programs (CAPP)
  • CalWORKs Stage 2 (C2AP)
  • CalWORKs Stage 3 (C3AP)
  • Resource and Referral Programs (CRRP)
  • Local Child Care and Development Planning Councils (CLPC)

For these programs, the child care agency must include the CDSS Appeals Unit contact information on the notice.

The California Department of Education (CDE) will continue to administer the CSPP, Inclusive Early Education Expansion Program (IEEEP), American Indian Early Childhood Education (AIECE) grant, and Early Head Start-Child Care Partnership grant awarded to the CDE by the United States Department of Health and Human Services, as well as other early education programs.

For CSPP only, the agency must include the CDE Appeals Unit contact information.

When a family has children enrolled in both a CSPP and a CDSS program, the agency must issue two notices to the family: one for the child(ren) enrolled in the CSPP that includes the contact information for the CDE Appeals Unit, and a separate notice for the child(ren) enrolled in any non-CSPP program, that includes the contact information for the CDSS Appeals Unit.

CDE and CDSS will continue to develop agreements regarding processes and procedures for contractors who will hold contracts across both departments. Once those agreements have been finalized, the CDE and the CDSS will issue additional guidance to the field. (Child Care Bulletin 21-11, September 22, 2021.)

CalWORKs Increase to the Maximum Aid Payment

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Effective October 1, 2021, Assembly Bill (AB) 135 grants a 5.3 percent increase to the CalWORKs Maximum Aid Payment (MAP). Recipients must be informed of the MAP increase by October 1st. The country welfare department computer systems must have the MAP increase programmed into their system by October 1st, and if not, they must manually issue the benefits increase. 

Under SB 380, children who receive child support in an amount more than the CalWORKs grant can opt-out of the CalWORKs case.  For some of these cases, the increase in the MAP will increase the CalWORKs payment to more than the child support paid.  In those cases, the family can ask to add the child to the CalWORKs case mid-period.  If the family does not ask for that mid-period change, the child will be added to the case at their following semi-annual report or annual recertification.  (ACL 21-87, August 18, 2021.)