Assembly Bills 2466 and 1078 changed the asset exclusion rules in the CalWORKs and Food Stamp programs and provide for EITC outreach activities in the CalWORKs program. Until the implementing regulations are released (“soon”), the counties must follow the rules in this ACL. 1) Effective January 1, 2008, there is no maximum amount that current CalWORKs recipients may save in a restricted account. (This changes the existing regulation at MPP Section 89-130.) The ACL tells counties to “ensure” that no one has been discontinued since 1/1/08 for excess resources in restricted accounts, and if they have, to restore aid retroactively. Already a rule in the Food Stamps program, and CalWORKs through Food Stamp simplification (MPP Sect. 42-213.2) the letter also instructs counties that both the principal and interest in 401(k), 403(b) and 457 retirement plan accounts are exempt from consideration as property for both CalWORKs applicants and recipients. Additionally, effective January 1, 2007 (yes, over a year ago), AB 2466 exempted IRAs, 529 college savings plans and Coverdell Educational Savings Accounts (ESAs) from consideration as property for CalWORKs recipients only. Counties must immediately exempt these three accounts for either applicants or recipients, and correct any cases denied or terminated for these accounts on or after January 1, 2007. Food Stamps does not exclude IRAs, 529 college savings plans and Coverdell ESA accounts for non-assistance households, per Food and Nutrition Service’s Administrative Notice (AN) 02-26. Since there is no separate food stamp resource test for CalWORKs families who are categorically eligible for food stamps, accounts excluded for CalWORKs eligibility purposes shall also be excluded for categorically eligible food stamp households. There’s a handy chart of what counts/doesn’t in these two programs, attached to the letter. Finally, the letter reminds counties that they are required to provide applicants/recipients the federal EITC form and encourage and assist the recipient to take advantage of it. [Download]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
calfresh | food stamps
ACIN I-27-08: CalWORKs And Food Stamps: Treatment Of Tax Rebates Provided By The Economic Stimulus Act Of 2008 (4/9/08)
Squeaked out just before tax day, the perhaps tardy letter on Tax Rebates: they don’t count as a resource in the month of receipt or the following two months. They’re also exempt income for CalWORKs and Food Stamps. [Download]
FNS Admin. Notice 08-13
FNS has clarified when a recipient can get deductions for expenses not timely reported. A prior memo stated agencies could add language to the Rights & Responsibilities that said “Failure to report or verify any … expenses will be seen as a statement by your household that you do not want to receive a deduction…”
The deduction can be disallowed if the household fails to report or verify an expense at: 1) certification; 2) recertification (can disallow a prior expense). An agency may not disallow the expense when reported for an interim changes (e.g. change in shelter costs) or quarterly report change, unless after proper request for verification (i.e. only certain changes need verification, and the agency shall help obtain verification, etc.) [Download]
FNS Admin. Notice 08-14
This notice reviews how to handle rebates from the Economic Stimulus Act of 2008. These amounts will be excluded as income for eligibility, allotment, and all other purposes, for all households. Additionally, the rebates are excluded as resources for 3 months (month of receipt +2). [Download]
FNS Admin. Notice 08-17
Superceding AN 08-11, this notice reviews that Iraqis are now treated differently than Afghanis, as a result of new legislation. The National Defense Authorization Act for FY 2008 that extended program eligibility to affected Iraqi immigrants for a period not to exceed 8 months. To the contrary, the appropriations Act granted Afghanis special immigrant status that results in them being treated as a refugee for purposes of resettlement assistance, entitlement programs and other benefits, but limited to six months. The AN also reviews beginning dates of eligibility, including a review on how this interacts with the qualified alien rules. Eligibility runs from the date the person gets the special immigrant status, not the later date of the application. [Download]
ACL 08-16: Vu Settlement Agreement And Survey Of Languages Requiring Translation Of Food Stamp Program and CalWORKs Joint Forms (3/25/08)
Pursuant to court settlement, the state needed to survey county food stamp service area language populations and then translate forms into any newly identified languages. This letter informs counties that all Food Stamp Program (FSP) forms
and specified forms jointly used with the CalWORKs program now will be translated into: Cushite, Formosan, Japanese, Mien, Punjabi, Portuguese, Syriac, and Ukrainian. The above languages are in addition to the Arabic, Armenian, Cambodian, Chinese, Farsi, Hmong, Korean, Lao, Russian, Spanish, Tagalog, and Vietnamese translations. (PS: Since Formosan uses written Chinese, this is probably not a new form language.) The bigger news: the state is not providing additional funding for automation, since “due to the limited number of applicants/recipients expected to require and/or request forms in the identified languages.” Counties are reminded they must use the forms, however, and how to get them on the internet. [Download]