California Department of Social Services - State Hearings Division
Notes from the Training Bureau - November 4, 2002

Answers to some of the questions in this ACIN are as follows:

" The three-year time frame in which the county is permitted to establish an overissuance, begins with the date the overissuance occurred, not the date of discovery or the date the case is referred to investigations.
" MPP §63-801.311(b) instructs counties to calculate an overissuance claim for a six-year period. The county may recoup an overissuance going back six years as long as one month of the overissuance occurs within three years of the time the county established the claim. It does not matter that part of the overissuance occurred more than three years prior to the establishment of the claim as long as a portion of overissuance occurred within the three-year time frame.
" Food stamp eligibility is determined on a monthly basis and household composition is an eligibility factor. In order to be included in a food stamp household in a given month, a person must be living with the household and purchasing and preparing meals with the household in that month. If a person was not residing with a household at any time during a month, that person may not be considered part of the food stamp household, but his/her income that is made available to the household is countable income in that month.
" Lawful permanent residents do not lose lawful permanent resident status because their I-551 card has expired. Even if the I-551 has expired, it is an acceptable form of documentation. However, the county should institute a SAVE verification for a noncitizen who provides an expired I-551 card. Food stamps should not be denied based on the expired I-551 card.