ACIN I-54-09: Food Stamp Q&As (8/18/09)

A potpourri of questions, including collection of UI’s against excluded household members (ok, but not if excluded because of SSI); not being allowed to do a tax intercept when the FS allotment is being reduced to collect OIs; noncitizens immediately eligible for FS without a waiting period; treatment of Foster Care transitional housing funds; exclusion and budgeting of Vet’s education income, replacement and separate household status, and more. Further notes that eligibility for expedited FS is based on prospective income – if that income is less than need for rent/utilities, the person is eligible for ES-FS – averaged income is only used to determine amount of benefits. [Download]

ACL 09-05: CalWORKs Information Regarding California Registered Domestic partners (RDPs) And Same-Sex Spouses (2/27/09)

Policy direction regarding eligibility of same-sex married spouses to the CalWORKs, Food Stamp, and Refugee Cash Assistance (RCA) programs, and instructions regarding eligibility for Medi-Cal. (DHCS has issued ACWDL 09-03 and ACWDL 09-04 regarding this.) The California RDP is an individual who has a declaration of domestic partnership registered with the California Secretary of State. AB 205 extended these rights and responsibilities to a member of a legal union validly formed in another jurisdiction that is equivalent to a California RDP.

For CalWORKs , RDPs have the same rights and responsibilities as stepparents. Pending judicial resolution, all same-sex marriage licenses issued between June 16, 2008 (when the In re Marriage Cases finding the bar on same-sex marriages unconstitutional became final) and November 4, 2008 (Prop 8) are deemed to be valid on the basis of marriage for the purposes of CalWORKs eligibility. Massachusetts and Connecticut also permit same-sex marriages.

CalWORKs Stage One child care services does not change – RDPs and same sex spouses are treated as stepparents. The CalWORKs parent will have the option include or exclude the RDP/same-sex spouse in the AU, which could impact the availability of child care in the home. If a RDP/same-sex spouse adopts the eligible child(ren), the RDP/same-sex spouse will be considered a parent and a member of the AU, so the same eligibility requirements for two-parent families will be applied

No change to the Food Stamp Program, which never cared about this, looking only at the group that purchases/prepares food together.

RCA is the same as CalWORKs.

RDPs/same-sex spouses are not eligible for federal Medi-Cal benefits unless they are a natural or adoptive parent of a child in the AU, the name of both RDPs/same-sex spouse appear on the child’s birth certificate, or they can establish eligibility on their own behalf (e.g. by being aged, blind, disabled, pregnant, etc.) The RDP/same-sex spouse may be eligible for specific state funded Medi-Cal programs because he/she is treated as a spouse under state law. When the RDP/same-sex spouse is not the natural or adoptive parent of a child in the AU, but he/she is eligible for CalWORKs, a separate Medi-Cal determination must be made for that RDP/same-sex spouse and in some instances for the rest of the family.
[Download]

ACIN I-54-09: Food Stamp Q&As (7/22/09)

Latest clarifications from DSS. Includes collections against excluded (non SSI) household members, prohibition on tax intercepts when allotment is reduced for OI’s; TFS reductions for departed HH member; non-citizen eligibility (with handy charts on immediate eligibility, eligibility with verification, and eligibility after 5 years); exclusion of Emancipation Funds as a resource; education benefits exclusion; and use of actual (not averaged quarterly) income to determine EFS eligibility. [Download]

ACL 09-25: Food Stamp Application Process For Youth Who Are “Aging Out” Of Foster Care (6/16/09)

Starting now, but no later than August 1, 2009, counties should essentially pre-file and pend food stamps applications for youth who are expected to “age out” of the foster care system. The letter describes transmitting an application during the dependency, forwarding it to the appropriate county FS office, and holding the application for up to 30 days from the date it is received. At the time dependency is terminated, the FC staff will notify the food stamp office so that the application can be acted upon. If the dependency does not terminate when expected (within 30 days) the county is to deny the application, and “encouraged to look for” another opportunity to have the youth complete another application, thus starting the 30-day clock again.

The letter also discusses jurisdiction issues (the county of FC jurisdiction must coordinate with the county of residence/where the application must be filed), SFIS, out of county office interviews, and other FS issues. [Download]