CalFresh Paraphrased Regulations

 

 

200      General rules, Hearing procedures

210      Applicant-Recipient responsibilities

220      CA 7s /QR 7/SAR 7

230      Citizenship-Alien status-Residency

235      WINS, CFAP etc.

240      Household composition     

250      Resources

260      Income

 

270      Deductions (General)

280      Budgeting

290      Corrective actions

300      Work registration requirements

310      Coupon issuance / Replacement

320      ABAWD

340      CalFresh Intentional Program Violations

 

 

Hearing Procedures

 

200      Hearing procedures

201      Jurisdiction (Timeliness)

 

203      Compliance / Compliance Related Problems

209      Equitable estoppel

 

 

200-0       Eligibility of household determined to the extent permitted by federal law. (W&IC 18901A)

 

200-0A    W&IC is the abbreviation for the Welfare & Institutions Code

 

200-0B     Federal Food Stamp Program renamed the “Supplemental Nutrition Assistance Program” or SNAP effective October 1, 2008. (ACL 08-37)

 

200-0C     Food Stamp Program renamed the “CalFresh Program” (ACL 10-55)

 

200-1       Complaint procedure; reference to 22-100 (63-106.1)

 

200-2       CalFresh eligibility must be determined according to federal law (W&IC 18901)

 

200-3       State hearings under CalFresh Program conducted according to the provisions of Division 22 (63-804.1)

 

200-4       CalFresh decision must be issued within 60 days of hearing request (22-060.11)

 

200-5       W&IC is the abbreviation for the Welfare & Institutions Code

 

200-6       Claimant and AR can review agency file, obtain free copies of relevant portions of the case file; information not released to the claimant cannot be admitted into evidence (7 CFR 273.15(p)(1))

 

200-7       CalFresh hearing decisions shall comply with federal law and regulations, and shall cite pertinent federal regulations (7 CFR 273.15(q)(1) and (2))

 

 

 

201-1       12-month limitation of restoration of lost benefits (63-802.42)

 

201-2       Time limits for filing state hearing request (63-804.5, 63-802.42)

 

201-3       Time limits for filing state hearing request (7 CFR 273.15(g))

 

201-3A     If time frame ends on weekend or holiday, extended to next working day. (63-804.62

 

201-4       Adequate notice, CalFresh (63-504.211)

 

201-4A     Notice required when no action is taken after a voluntary report (ACL 12-25)

 

201-5       Statute of limitations, general (22-009.1)

 

201-5A     Ninety day period to file hearing may be extended for good cause, but filing must be within 180 days (W&IC 10951A)

 

201-5B     Request for hearing clear expression of desire to appeal determination.  (63-804.3 )

 

201-8       Requirements for what late/incomplete QR 7/SAR 7/SAWS 2  Notice of Action must include (63-508.6)

 

201-9       Requirements for what voluntary quit Notice of Action must include (63-408.213(a))

 

201-10     Requirements for what approval Notice of Action must include (63-504.221)

 

201-11     Requirements for what ending/shortening certification period Notice of Action must include (63-504.253)

 

201-12     Requirements for initial collection Notice of Action pursuant to Heathcock et al v. Allenby (ACL 11-26)

 

201-12A   Requirements for initial collection Notice of Action (63-801.431)

 

201-12B   Old rule: Requirements for what repayment Notice of Action must include (63-801.431 revised 8/10/01; 7 CFR 273.18(d)(3)(ii))

 

201-12C   Initial CalFresh overissuance notice of action must provide at least minimum amount of information on how claim was calculated (ACIN I-16-05)

 

201-14     Required language for overpayment and overissuance notices (Anderson v. McMahon; ACL 90-14)

 

201-15     Federal requirement for overpayment notice language (7 CFR 273.18(e)(3))

 

203-1       Federal requirements on notice and delinquency when fair hearing decision on CalFresh overissuance is pending (7 CFR 273.18(3)(6))

 

209-4       Equitable estoppel may not be applied against the federal government when it would result in a payment of funds not authorized by Congress, upheld in unpublished Court of appeals decision (OPM v. Richmond; Vang v. Healy; Vang v. Saenz)

 

209-5       Lost CalFresh benefits a measure of injury for equitable purposes which may reduce the CalWORKs overpayment (ACIN I-60-96)

 

209-11     No equitable estoppel against federal government (OPM v. Richmond; Vang v. Saenz)

 


 

Application Process

 

210      Applicant-Recipient responsibilities

211      Certification / Recertification

212      Verification

213      Timeliness (When county must act)

214      Social Security Numbers

 

215      Expedited Food stamps/Transitional CalFresh benefits

216      Certification periods

217      Civil rights / Confidentiality

218      Attitude / Courtesy / Harassment

219      Specific notice requirements

 

 

210-1       Appointment of CalFresh authorized representative; authority of authorized representative (63-402.61)

 

210-3       County duty to have regulations, ACLs, W&IC, other public social service laws, in waiting or reception room in each central or district county office (Handbook 17-017)

 

210-4       Requirements that applications must have certain information in prominent lettering and language (7 CFR 273.2(b))

 

210-5       Record retention requirements in CalFresh (ACL 02-12; 23-350)

 

211-1A     Restoration of CalFresh benefits without requiring new application after certain types of terminations. (ACL 10-32)

 

211-1B     NOMI required after one missed interview, but if applicant reschedules within 30 days, and eligibility is established, the date of application is the beginning date of aid (63-301.32)

 

211-1D     Interviews to be scheduled as soon as possible after application, and consideration must be given to special household circumstances for scheduling interview (63-300.46, eff. 4/19/04)

 

211-1E     Recertification scheduling (63-300.464, eff. 6/1/01, rev. 4/19/04)

 

211-1F     County shall conduct a face-to-face interview at recertification when requested by household or when county determines it is necessary to verify conditions of eligibility (63-300.45)

 

211-2       Denial of application, noncooperation, generally (63-505.1)

 

211-2A     Noncooperation with Quality Control results in termination of benefits to the entire CalFresh household. (ACL 11-72E)

 

211-3       Withdrawal of CalFresh application (63-300.36)

 

211-4       Face-to-face interview requirement (63-300.4)

 

211-4A     Quarterly Reporting/Prospective Budgeting households may be subject to face-to-face interview requirement at recertification; those not subject to face-to-face requirement may have telephone interview (63-300.41(QR))

 

211-5       Waiver of face-to-face interview requirement (63-300.44)

 

211-5A     Waiver of face-to-face interview requirement in all cases at county option effective June 1, 2009; face-to-face requirement still applies in certain cases (ACL 09-62)

 

211-5B     Waiver of face-to face interview requirement at county option effective 2014. (ACL 14-20)

 

211-6       CalFresh NA approved cases should be evaluated for the Work Incentive Nutritional Supplement (WINS) (ACIN I-27-15)

 

211-7       Members outside the household, who are not excluded household members, are not required to cooperate for household to establish eligibility (63-301.31, .311)

 

211-8       Statewide Fingerprint Information System discontinued for CalFresh purposes. (ACL 11-83)

 

S211-8     Adult, or minor applying as a separate household, or AR when no adult is required or able, must comply with CalFresh SFIS or benefits will not be issued (63-601.12, .14; ACL 00-32)

 

S211-8A  Conditions for postponement of SFIS process (63-601.13)

 

S211-9     Counties must inform applicants/recipients of SFIS requirements (ACL 00-32)

 

211-10     Applications may be submitted in person, by mail, or electronically (63-300.3, revised 6/1/01)

 

211-10A   Right to apply for CalFresh benefits on day household contacts CalFresh office; no interview requirement before filing application (63-300.31 and .32)

 

211-11     When household provides verification after certification period, but within 10 days of request, benefits are not prorated (63-300.5(b), rev. 3/21/02)

 

212-1       Household has primary responsibility to provide evidence to support income statements, and to resolve questionable information, but county must assist (63-300.5(i))

 

212-1A     Verification timelines for persons entitled to expedited service. (ACL 12-74,)

 

212-2       Information to be verified before certification (63-300.5(e))

 

212-3       Optional verification (63-300.5(f))

 

212-4       Verification of questionable information; criteria for judging when information is questionable (63-300.5(g))

 

212-5       County use of home visits as method of verification (63-300.5(h)(3))

 

212-6       Determination as to what is classified as a "loan" and therefore exempt income (63-300.5(f)(2))

 

212-7       Collateral contacts as a source of verification (63-300.5(h)(2))

 

212-8       Delay in providing verification may result in loss of deduction but not decertification (63-300.5(c))

 

212-9       Shelter costs must be verified if allowing the expense will result in deduction (63-300.5(f)(4))

 

212-10     Verification of utility costs; subject to county option (63-300.5(e)(6), 63-504.341)

 

212-11     Households must verify gross nonexempt income. County action when verification cannot be provided (63-300.5(e)(1))

 

212-12     Recipients have mandatory mid-payment period reporting requirements (63-508.13)

 

213-1       Duty of county to process timely reapplication prior to end of current certification period (63-504.61(a))

 

213-2       Interviews shall be scheduled promptly; 30-day rule; the county shall schedule second interview if household fails to appear at first (63-300.45; ACIN I-87-90)

 

213-3       County's duty when delay in processing application is the fault of the county; county is required to issue benefits retroactive to date of application (63-301.431, .432)

 

213-4       When delay due to household fault, county has option of continuing to process application. No eligibility to benefits for month of application (63-301.42)

 

213-5       Denial of application--failure to provide verification requested by county on date of application (63-301.3)

 

213-6       Members outside the household, who are not excluded household members, are not required to cooperate for household to establish eligibility (63-301.31, .311)

 

213-8       County duty to issue timely notice if change in circumstances results in a decrease in benefits. Effective date of decrease (63-504.423)

 

213-9       Aid pending required when timely filing (63-804.611, .613)

 

231-9A     If time frame ends on weekend or holiday, extended to next working day. (63-804.62)

 

213-10     Aid pending terminated at end of certification period (63-804.642)

 

213-11     Requirements for sending notice on pended applications (63-504.22)

 

213-12     Requirements to protect applicants' right to apply when welfare offices closed on normal working days (Blanco v. Anderson and Belshé)

 

213-12A   Requirement to provide for filing applications on normal working days implemented (Blanco v. Anderson; ACL 94-108, 95-08)

 

213-12B   Application date when county office is closed on regular working day (63-300.81, .82)

 

214-1       Requirement to submit or apply for SSN; failure to provide without good cause results in disqualification; time period for applying for SSN (63-404)

 

214-2       Information collected, including SSNs, may be verified through computer matches, and disclosed to federal and state agencies, and law enforcement, in certain situations (63-300.23)

 

214-6A     Conditions for postponement of SFIS process (63-601.13)

 

214-7       Counties must inform applicants/recipients of SFIS requirements (ACL 00-32)

 

214-8       Court order re SFIS policies of failure v. refusal to comply, how SFIS caretaker relatives pre 7/21/96 are affected, or how those individuals are treated when another family member is applying, stayed on appeal (Sheyko v. Saenz; ACIN I-69-01)

 

215-1       Old Rule - Expedited service for destitute households (63-301.51)

 

215-2       Counties required to evaluated all households for expedited service.(ACL 12-74, W&IC 18914)

 

215-2A     County responsibility to inform potential applicants of responsibility to assist in completing application process (63-301.52)

 

215-2B     Verification timelines for persons entitled to expedited service.(ACL 12-74,)

 

215-2C     Expedited service procedures  (63-300.46)

 

215-3       Time frame for issuing CalFresh on expedited basis (63-301.531)

 

215-3A     For expedited CalFresh benefits, county prospectively determines eligibility for application month based on actual income (ACIN I-54-09)

 

215-4       Transitional CalFresh benefits for households who lose CalWORKs (ACL 03-66)

 

215-4A     Transitional CalFresh benefits eligibility for five months; how Transitional CalFresh benefits calculated (ACL 03-66)

 

215-4B     Transitional CalFresh benefits for households who lose CalWORKs (63-504.131, .132)

 

215-4C     Benefits issued in an amount equal to allotment received in last month of CalWORKs adjusted to deduct CalWORKs grant (63-504.132(a))

 

215-4D     No Notice of Action or aid pending requirement for Transitional CalFresh, but informational notice requirement (63-504.132(d)) and Handbook, (63-504.132(e), ACIN I-21-04, I-75-05)

 

215-4E     Rules regarding Transitional CalFresh eligibility for "mixed" households (ACIN I-21-04)

 

215-4F     Household may apply for regular CalFresh benefits or CalWORKs during Transitional CalFresh period (ACIN I-21-04)

 

215-4G    Transitional CalFresh benefit amount remains same throughout Transitional CalFresh period even if household member becomes ineligible (ACIN I-21-04, I-75-05)

 

215-4H     Adjustment of CalFresh allotment when person leaves Transitional CalFresh household and is approved for CalFresh benefits in another household (I-21-02; I-72-04, I-75-05)

 

215-4I      Adjustment of CalFresh allotment when person leaves Transitional CalFresh household and is approved for CalFresh benefits in another household (63-502.132(c))

 

215-4J     When father moves from Transitional CalFresh family and is approved for CalWORKs in another family, father and his income removed from Transitional CalFresh family; child who moves from Transitional CalFresh household cannot get Transitional CalFresh if approved for CalWORKs in another home (ACIN I-54-09; I-41-10)

 

215-4K     Resources not a factor in determining CalFresh eligibility for Transitional CalFresh (ACIN I-72-04)

 

215-4L     Transitional CalFresh begins the month following the month the household received CalWORKs (ACIN I-34-05)

 

215-4M    No Transitional CalFresh overissuance if CalWORKs discontinuance is later rescinded (ACIN I-75-05)

 

215-4N     County should not discontinue Transitional CalFresh benefits if household leaves state during Transitional CalFresh period unless household received CalFresh benefits or TANF out of state (ACIN I-41-10)

 

216-1       Timing of interviews when application for recertification is made; county does not have further responsibility if interview is missed unless household tries to reschedule appointment (63-504.61(d))

 

216-1A      Counties must send the household an appointment letter (

 

216-1B     Counties must send NOMI even if household fails to mail back a completed application (ACL 08-20)

 

216-2       Certification periods, generally (63-504.1)

 

216-2A     Certification periods may match prospective budgeting reporting cycles (Handbook 63-504.1)

 

216-3       Expiration of certification period for PA households (63-504.121)

 

216-4A     Certification period may not be shortened (63-504.161, eff. 4/19/04)

 

216-5       County required to provide notice of expiration of certification period (63-504.251)

 

217-1       Requirement to provide certification materials, bilingual staff and interpreters when 5% of low income households in project area are single language minorities (7 CFR 272.4(b))

 

217-2       Counties are not to discriminate in administering aid programs; complaints of discrimination are to be referred to Civil Rights Bureau (21-109.1 and 21-203.11)

 

217-3       Duty of county to provide notices in language other than English (21-115.2; ACL 92-90, 00-03)

 

217-4       Duty to provide notice in primary language when five percent of welfare population live in the particular county (Asociacion Mixta Progresista)

 

217-4A     Translation of CalFresh forms and specified joint CalWORKs/CalFresh forms into eight additional languages per Be Vu settlement (ACL 07-12)

 

217-5       Cases involving discrimination issues are to be remanded to the county for preparation of a report (22-062.5)

 

217-10     Information collected, including SSNs, may be verified through computer matches, and disclosed to federal and state agencies, and law enforcement, in certain situations (63-300.23)

 

218-1       County must act with courtesy, consideration, and respect (W&IC 10500)

 

219-1       Requirements for what approval Notice of Action must include (63-504.221)

 

219-2       Requirements for what ending/shortening certification period Notice of Action must include (63-504.253)

 

219-3       Requirements for what late/incomplete QR 7/SAR 7/SAWS 2 Notice of Action must include (63-508.61)

 

219-4       Requirements for initial collection Notice of Action (63-801.431)

 

219-5       Requirements for what voluntary quit Notice of Action must include (63-408.21)

 

219-6       Required ABAWD Notice of Action when alleged failure to meet ABAWD work requirements after 3 "free" months (63-410.4)

 

219-7       Required language for overpayment and overissuance notices (Anderson v. McMahon; ACL 90-14)

 

219-8       County requirements when incomplete CA 7/QR 7 received (ACL 84-74; Saldivar v. McMahon)

 

219-9       Federal requirement for overpayment notice language (7 CFR 273.18(e)(3))

 


 

QR 7s

 

221      Completeness / Timeliness

222      Verification

223      Notice to recipient

 

226      Nonmonthly reporting households

227      QR7s

229      Monthly Reporting CA7 Rules

 

 

 

 

 

221-4       QR 7/SAR 7/SAWS 2 generally; due dates (44-103, 40-181.22)

 

221-5       Definition of "extended filing date" (63-102 (e)(5))

 

221-6       Federal requirement that agency has duty to provide special assistance in completing monthly reports to households with specified difficulties (7 CFR 273.21(c)(7))

 

221-7       Federal rule that household who protests CA 7/QR 7 discontinuance by filing for hearing has until end of issuance month to complete report (7 CFR 273.21(k)(2)(ii))

 

221-8       Monthly report forms must meet federal bilingual requirements (7 CFR 272.4(b), 273.21(h)(2)(ii))

 

221-9       Certain households (migrant and seasonal farmworker; elderly and disabled without earnings; homeless, those on Indian reservations) are not subject to quarterly or semi-annual reporting. (63-505.21)

 

222-1       Under Monthly Reporting/Retrospective Budgeting, failure to submit required verification of deductions with CA 7 (63-504.34 prior to Prospective Budgeting)

 

222-2       Under Monthly Reporting/Retrospective Budgeting, necessity of verifying certain items reported on the CA 7 (63-504.341 prior to Prospective Budgeting)

 

222-3       Under Monthly Reporting/Retrospective Budgeting, county action when questionable information or verification is submitted with CA 7; definition of questionable information (63-504.343 prior to Prospective Budgeting, 63-300.5(g))

 

222-4       Under Monthly Reporting/Retrospective Budgeting, complete CA 7 must include verification of earned income and verification of changes in unearned income (63-504.325 prior to Quarterly Reporting/Prospective Budgeting)

 

222-5       Under Monthly Reporting/Retrospective Budgeting, verification of utility costs on CA 7, SUA on CA 7 (63-504.341(c) prior to Quarterly Reporting/Prospective Budgeting)

 

222-6       County requirements when incomplete QR 7/SAR 7/SAWS 2 received (ACL 84-74; Saldivar v. McMahon)

 

222-7       County action when mandatory verification not included with SAR 7.  (ACL 12-25)

 

223-3       Requirements for what late/incomplete QR 7/SAR 7/SAWS 2 Notice of Action must include (63-508.61)

 

226-1       Certain households (migrant and seasonal farmworker; elderly and disabled without earnings; homeless, those on Indian reservations) are not subject to quarterly or semi-annual reporting (63-505.21, ACL 12-25)

 

226-1A     Change reporting households defined (migrant and seasonal farmworker; elderly and disabled without earnings; homeless, those on Indian reservations) (63-102 (c)(11))        

 

226-1B     Change reporting households to be transitioned to semi-annual reporting in 2016 (ACL 15-90)

 

227-2A     Terms used in Quarterly Budgeting reporting system (63-102, 63-509)

 

227-2B     Terms used in Semi-annual reporting system (ACL-12-25)

 

227-2D     Mid-payment period change defined (63-102 (m)(7) , ACL 12-25)

 

227-3A     Under Prospective Budgeting, general duty to complete QR 7/SAR 7/SAWS 2  and report other mandatory changes (63-505.2 effective July 1, 2004)

 

227-3B     Under Prospective Budgeting, the QR 7/SAR 7/SAWS 2 submitted in the last month of the payment period  (63-508.11, .12 ACL 12-25)

 

227-3C     County must provide QR 7/SAR 7/SAWS 2 by first of data month; prospective budgeting used to compute allotment for upcoming quarter (63-508.31 ACL 12-25)

 

227-3D     Recipient reporting responsibilities on the QR 7/SAR 7/SAWS 2 (63-508.321 ACL 12-25)

 

227-3E     QR 7/SAR 7/SAWS 2 must be dated no earlier than first day of submit month (63-508.411 ACL 12-25)

 

227-3F     QR 7/SAR 7/SAWS 2 must be signed by head of household, authorized representative or other responsible household member (63-508.43 ACL 12-25)

 

227-3G    Definition of complete QR 7/SAR 7/SAWS 2  (63-508.44 ACL 12-25)

 

227-3H     Complete QR 7/SAR 7/SAWS 2 must include verification of earned income and verification of changes in unearned income (63-508.451 ACL 12-25)

 

227-3I      Situations where QR 7/SAR 7/SAWS 2 not considered fully answered (63-508.442 ACL 12-25)

 

227-4B     No county duty to issue second notice of action for incomplete QR 7/SAR 7/SAWS 2; overissuance established if county cannot issue 10-day notice to decrease benefits (63-508.62, .623 ACL 12-25)

 

227-4C     Requirements for what a late/incomplete QR 7/SAR 7/SAWS 2 Notice of Action must include (63-508.61        ACL 12-25)

 

227-4D     Reasons household terminated from CalFresh benefits (63-508.53 ACL 12-25)

 

227-4E     No application necessary if QR 7/SAR 7/SAWS 2 is submitted in the month following termination.        (W&IC 11265.4(a) and ACL 12-35)

 

227-5       County must rescind discontinuance if recipient returns complete QR 7/SAR 7/SAWS 2          after the 11th of the month, but before the first of the next month   There is an overpayment/overissuance if county could not decrease benefits because it could not issue 10-day notice due to late QR 7/SAR 7/SAWS 2. (ACL 03-18)

 

227-6       Good cause may be established for failing to return a complete QR 7/SAR 7/SAWS 2 in CalFresh      (63-508.64 ACL 12-25)

 

227-7       County will use information on QR 7/SAR 7/SAWS 2 to determine future eligibility and benefit amount. (63-508.11 ACL 12-25)

 

227-7A     Under Prospective Budgeting, county is to use "reasonably anticipated" income recipient will receive during the quarter. (ACL 03-18 ACL 12-25)

 

227-7B     When income is "reasonably anticipated" so that it can be considered for eligibility and grant/allotment purposes. (ACL 03-18 ACL 12-25)

 

227-7C     Times when county is required to determine what is "reasonably anticipated" income listed. (ACL 03-18 ACL 12-25)

 

227-7D     Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167. (63-509 (a)(5) ACL 12-25)

 

227-7EE  Quarterly budgeting - For fluctuating income, county must average income over the quarter.  Steps listed for county to determine monthly average income. (ACL 03-18; ACIN I-54-03)

 

227-7F     Actual CalWORKs grant used to compute CalFresh allotment (ACL 03-18 ACL 12-25)

 

227-8       Property eligibility is determined once per payment period.   Nonrecurring lump sum is considered property in CalWORKs under Prospective Budgeting. (ACL 03-18  ACL 12-25)

 

227-8A     Information on the QR 7/SAR 7/SAWS 2 is used to determine property eligibility for the entire upcoming payment period. (ACL 03-18 ACL 12-25)

 

227-8B     Under Prospective Budgeting, resource eligibility established once per payment period based on information reported on QR 7/SAR 7/SAWS 2 (63-508.66 ACL 12-25)

 

227-10     Recipients required to report certain specified changes to the county within 10 days of the change in addition to changes reported on the QR 7/SAR 7/SAWS 2 form. Mandatory items for recipient to report listed. (ACL 03-18, 63-508.13 ACL 12-25)

 

227-10E   SAR – Income received in excess of the IRT during the payment period must be reported.  (ACL 12-25)

 

227-10EA        SAR – Report required when income over the IRT becomes "known to the household"; definition of "known to the household.  (ACL 14-77)

 

227-10EE        Quarterly reporting - No mandatory mid-quarter recipient requirement in CalFreshto report income in excess of IRT. (ACL 03-18)

 

227-10F   No need for county to verify income that exceeds IRT before county discontinues CalWORKs and/or CalFresh. (ACIN I-54-03)

 

227-11     If county is unable to provide 10-day notice following assistance unit/household report of drug felony conviction, fleeing felon status or violation of condition of parole, county must issue benefits at prior level. (ACL 03-18)

 

227-11A   Inter-county transfer rules effective April 2011. (ACL 11-22)

 

227-11B   If recipient moves to another county, CalWORKs inter-county transfer rules apply.For CalFresh , recipient must reapply in second county, but first county discontinues CalFresh benefits to coincide with CalWORKs transfer. (ACL 03-18; ACIN I-54-03)

 

227-12A   Voluntarily reported changes may result in increase in one program's benefits and decrease in another.  County must act on the increase, but suppress the decrease. (63-509 (d)(2))

 

227-12B   When increases in benefits due to decrease in income or addition of household member take effect. (63-509 (d)(4))

 

227-12C   Treatment of ineligible household member reported on QR 7 (63-508.654(c)(1))

 

227-12E   County must issue notice of action if voluntarily reported decrease in income does not result in increase in benefits. (63-509 (d)(7))

 

227-12F   When Medi-Cal eligibility is established for new members of the assistance unit. (ACL 03-18)

 

227-12G  Effect of person moving into the home with income that causes assistance unit/household to be financially ineligible. New person ineligible for Medi-Cal. (ACL 03-18)

 

227-12I    County must resolve any discrepancy between mid-quarter reported change and information on subsequent QR 7 (63-508.653)

 

227-13     Voluntary requests to discontinue benefits in the Quarterly Reporting/Prospective Budgeting system and county duty to act on the request including providing notice. (63-509 (g)(1))

 

227-16A   Overpayment begins on first date change would have been made based on accurate recipient report regardless of whether the error was caused by county or recipient. (ACL 03-18)

 

227-16B   Voluntarily reported changes not considered when determining whether there is an overpayment/overissuance. (ACL 03-18)

 

227-16C   Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7/SAR 7/SAWS 2. (ACL 03-18)

 

227-16E   No overpayment/overissuance or underpayment/underissuance when actual income differs from reasonably anticipated income. (ACL 03-18)

 

227-16F   Recoupment of overpayment/overissuance only initiated at beginning of the quarter. (63-801.737)

 

227-17     County must take action to restore underpayment/underissuance. Restoration based on QR rules. (ACL 03-18)

 

227-18     Applicants assigned cycle based on beginning date of aid, CalWORKs and CalFresh cycles to be aligned. (ACL 12-25)

 

227-18B   Quarterly budgeting: County option how to establish reporting cycles. (ACL 03-18)

 

227-18A   Quarterly budgeting: Aligning CalWORKs and CalFresh reporting cycles (63-508.22)

 

S229-1     Under Monthly Reporting/Retrospective Budgeting, discontinuance for failure to submit a complete CA 7 (63-504.361(b) prior to Quarterly Reporting/Prospective Budgeting)

 

S229-2     Under Monthly Reporting/Retrospective Budgeting, CW 7 completeness, dating (63-504.321 prior to Quarterly Reporting/Prospective Budgeting)

 

S229-2A  Under Monthly Reporting/Retrospective Budgeting, CW 7 must be signed to be complete (63-504.323 prior to Quarterly Reporting/Prospective Budgeting)

 

S229-3            Under Monthly Reporting/Retrospective Budgeting, definition of complete CW 7 (63-504.324 prior to Quarterly Reporting/Prospective Budgeting)

 

S229-4     Under Monthly Reporting/Retrospective Budgeting, general duty to submit CA 7. Households not required to otherwise report changes (63-505.2 prior to Quarterly Reporting/Prospective Budgeting)

 

S229-5     Definition of "extended filing date" (63-102 (e)(5))

 

S229-6     Under Monthly Reporting/Retrospective Budgeting, failure to submit required verification of deductions with CA 7 (63-504.34 prior to Quarterly Reporting/Prospective Budgeting)

 

S229-7     Under Monthly Reporting/Retrospective Budgeting, necessity of verifying certain items reported on the CA 7 (63-504.341 prior to Quarterly Reporting/Prospective Budgeting)

 

S229-8     Under Monthly Reporting/Retrospective Budgeting, county action when questionable information or verification is submitted with CA 7; definition of questionable information (63-504.343 prior to Quarterly Reporting/Prospective Budgeting, 63-300.5(g))

 

S229-9     Under Monthly Reporting/Retrospective Budgeting, complete CA 7 must include verification of earned income and verification of changes in unearned income (63-504.325 prior to Quarterly Reporting/Prospective Budgeting)

 

S229-10   Under Monthly Reporting/Retrospective Budgeting, verification of utility costs on CA 7, SUA on CA 7 (63-504.341(c) prior to Quarterly Reporting/Prospective Budgeting)

 

S229-11   County requirements when incomplete CA 7 received (ACL 84-74; Saldivar v. McMahon)

 

S229-12   Under Monthly Reporting/Retrospective Budgeting, county may elect to verify housing costs when first allowed, or when there is a move (63-504.342 prior to Quarterly Reporting/Prospective Budgeting)

 

S229-13   Under Monthly Reporting/Retrospective Budgeting, failure to submit required verification of deductions with CA 7 (63-504.34 prior to Quarterly Reporting/Prospective Budgeting)

 

S229-14   Requirements for what late/incomplete CA 7/QR 7 Notice of Action must include (63-508.61)

 

S229-15   Certain households (migrant and seasonal farmworker; elderly and disabled without earnings; homeless, those on Indian reservations) are not subject to Monthly Reporting/Retrospective Budgeting or Quarterly Reporting/Prospective Budgeting (63-505.21)

 

S229-16   Quarterly Reporting/Prospective Budgeting (Quarterly Reporting/Prospective Budgeting) replaces Monthly Reporting Retrospective Budgeting (MRRB) for CalWORKs and CalFresh benefits (ACL 03-18)

 

S229-17   Quarterly Reporting/Prospective Budgeting regulations implemented no later than July 1, 2004 (63-034.2, .3)

 

S229-18   The QR 7 must be completed every third month. Completeness criteria for QR 7 are the same as CW 7 completeness criteria (ACL 03-18)

 

S229-19   Due dates, county actions for Quarterly Reporting/Prospective Budgeting remain same as under Monthly Reporting/Retrospective Budgeting. (ACL 03-18)

 

S229-20   Final CW 7 used when transitioning recipient from Monthly Reporting/Retrospective Budgeting to Quarterly Reporting/Prospective Budgeting (ACL 03-18)

 

 

 


 

 

Citizenship / Alien status / Residency

 

230      Citizenship / Alien status / Residency

231      U.S. citizenship

232      Alien status

 

233      Sponsored aliens

234      County residency

236      CFAP

 

 

230-1       When status of noncitizen is pending review of documents by INS or another federal agency, otherwise eligible noncitizen may receive CalFresh (63-300.5(e)(2)(D))

 

230-2       Noncitizen must be given "reasonable opportunity" to submit acceptable documentation, and failure of county to give such opportunity requires issuance of benefits to otherwise eligible household 30 days after application (63-300.5(e)(2)(E))

 

231-1       Citizenship, when verification is required and what is acceptable verification (63-300.5(g))

 

231-2       CalFresh participants must be U.S. citizens or eligible noncitizens (63-405)

 

232-1       Qualified noncitizens who are potentially eligible for CalFresh (63-405.1, .11 and .2 eff. 8/8/03)

 

232-2A     Restoration of CalFresh eligibility for certain noncitizens who lost federal eligibility under PRWORA, effective 11/1/98 modified 10/1/02 (ACL 98-76; P.L. 105-185; ACIN I-56-02)

 

232-2B     Changes to federal CalFresh eligibility for disabled legal noncitizens includes new disability definition, inreased resource limit (PL 107-171, §§4401(a)(i), 4107; ACL 02-67)

 

232-2C     Federal law allows Hmong and Highland Laotian individuals who were tribal members of tribes which rendered assistance to the U.S. during the Vietnamese War, and the spouses, unmarried dependent children, or non-remarried widows or widowers of such person, to meet CalFresh alien eligibility requirements (8 USC 1602(a)(2)(K); 402(a)(2) of the PRWORA of 1996; 63-405.211)

 

232-4       How LPR may combine quarters with a spouse or parent (63-405.112(e), revised to 63-405.4)

 

232-4A     Meaning of "quarter" and method of determining if legal alien met 40-quarter exemption (ACL 96-68; Handbook 63-405.112(e)(2)(A), revised to Handbook 63-405.43; ACIN I-105-00, I-91-01)

 

232-4B     Certain earnings, with no Social Security withheld, can be used to meet 40 credit requirement for legal aliens (ACIN I-07-98)

 

232-4C     Spouses can combine quarters to meet 40-quarter standard for legal noncitizen aliens (ACIN I-62-96; 63-405.4)

 

232-4D     Person of any age receives credits from parents, earned pre-birth of person until person reaches age 18 (ACIN I-57-97)

 

232-5       Cuban/Haitian entrants and Amerasian immigrants meet qualified alien status, and for 7 years do not need Social Security credits or veteran status to qualify for CalFresh (PL 105-33, §§5302, 5306, 105-185; ACIN I-07-98; ACL 98-76; 63-405.124, .125)

 

232-6       Philippine Army or Scouts from WWII are considered veterans (PL 105-33; ACIN I-07-98, 63-405.3)

 

232-7A     Individuals (certain Highland Laotians, Hmongs, and members of Indian tribes) who may be eligible for CalFresh even if they are not qualified noncitizens (63-405.2, eff. 11/1/98, per 63-031.2, revised per 63-032.3)

 

232-8       CDSS position is that there are state, but not federal, CalFresh benefits for noncitizen children of naturalized citizens (ACIN I-07-98)

 

232-8A     When alien parents become U.S. citizens, noncitizen child also becomes a U.S. citizen (8 USC 1432(a)(1))

 

232-9       Calculation of credits earned in year when person also receives federally means tested benefits (ACIN I-07-98)

 

232-10     Two-Parent Family CalWORKs and CFAP are not federally means tested programs (63-405.4; ACIN I-13-01)

 

232-11     Consent form to access SS quarters is not required in all instances, as public agency may obtain information without consent form (ACIN I-07-98)

 

233-1       When income and resources of the sponsor are deemed to the sponsored noncitizen (63-503.49, .491, eff. 6/1/01)

 

233-2       When sponsored noncitizens are exempt from sponsorship provisions (63-503.492, eff. 6/1/01, rev. 3/1/02)

 

233-2A     Sponsored noncitizen ineligible to participate until all necessary facts obtained (63-503.494(a))

 

233-2B     Definition of indigent alien, who is exempt from sponsored alien provisions, under federal regulations (7 CFR 273.4(c)(3)(iv))

 

233-2C     Sponsor can self-declare indigent status without the requirement of establishing proof of such indigency. (ACL 11-06)

 

233-3       Definition of sponsor (63-102 (s)(7))

 

233-4       Definition of sponsored noncitizen (63-102 (s)(8))

 

233-4A     Requirement to obtain information as to sponsor's spouse's income and resources deleted (63-300.5(e)(8), 63-405.72)

 

233-5       Sponsored noncitizen ineligible while county is awaiting information about sponsor (63-503.494(a))

 

233-6       Determination of income deemed to sponsored noncitizen from sponsor and sponsor's spouse (63-503.493(a)(1)(A))

 

233-7       Resources deemed to the sponsored noncitizen from the sponsor and sponsor's spouse (63-503.493(b)(1))

 

233-8       Determining income and resources attributed to household from excluded sponsored noncitizen (63-503.443)

 

233-9       What sponsored noncitizen must verify; deeming rules apply only to sponsor(s) who have signed an I-864 Affidavit of Support (63-300.5(e)(8))

 

233-10     Under federal regulations, deeming of sponsor's income or resources only goes to eligible CalFresh members, so no "double deeming" from sponsor through ineligible alien to, e.g., eligible spouse or child (7 CFR 273.4(c)(2))

 

233-11     Sponsor can self-declare indigent status without the requirement of establishing proof of such indigency.(ACL 11-06)

 

233-11A   A sponsored non-citizen may not claim indigent status if he/she does not provide information regarding the sponsor’s income (ACIN I-58-08)

 

234-1       County residence (63-401)

 

234-1A     State residence is a  requirement for CalFresh eligibility (7 CFR 273.3)

 

234-1B     Persons visiting even for extended period who claim residency in a different state are not eligible (ACL 15-94)

 

234-1C     Persons who are temporarily absent from the county remain eligible (ACL 15-94)

 

234-2       County action when in receipt of information regarding doubtful county residence.(ACL 10-01)

 

234-2A     Whereabouts unknown is not a basis for termination of benefits in CalFresh (ACL 15-94)

 

234-3       County residence is not a qualification for aid under any public assistance program. (W&IC 11102)

 

235-1       Work Incentive Nutritional Supplement (WINS) program (ACL 13-71)

 

235-1A     WINS eligibility available to RCA, Foster Care, and Kin-Gap recipients (ACIN I-27-15)

 

235-1B     WINS program is subject to state hearing process (ACIN I-27-15)

 

235-2       All NA CalFresh households must be evaluated for the Work Incentive Nutritional Supplement (WINS) program (ACIN I-27-15)

 

235-3       County WINS determination when verification of actual hours not available at application (ACIN I-27-15)

 

235-4       CFAP families potentially eligible for WINS (ACIN I-27-15)

 

235-5       WINS determinations involving two parent families (ACIN I-27-15)

 

235-6       County WINS procedure when hours updated in SAWs (ACIN I-27-15)

 

235-7       Procedure when WINS eligibility ends and CalFresh eligibility continues (ACIN I-27-15)

 

235-8       Effective date when WINS eligibility begins in ongoing case (ACIN I-27-15)

 

235-9       Persons receiving immediate need or homeless assistance under CalWORKs are ineligible for WINS (ACIN I-27-15)

 

235-10     WINS to be terminated upon CalWORKs eligibility (ACIN I-27-15)

 

235-10A   WINS eligibility can exist when CalWORKs application is pending (ACIN I-27-15)

 

235-11     Work eligible individual must receive CalFresh for WINS eligibility (ACIN I-27-15)

 

235-12     WINS is prospective only and not prorated, retroactive payment only made if application approved in subsequent month.(ACIN I-27-15)

 

235-13     WINS payment cannot be part of overissuance recoupment except in cases involving Intentional Program violations.(ACIN I-27-15)

 

235-14     Determination of hours for WINS eligibility when CalWORKS ends and case is transitioned to Transitional CalFresh benefits  (ACIN I-27-15)

 

235-15     Procedure when recipient requests WINS evaluation due to increase in hours (ACIN I-27-15)

 

235-16     Hours for WINS can be projected from one pay cycle(ACIN I-27-15)

 

235-17     Persons receiving CalWORKs diversion payments eligible for WINS (ACIN I-27-15)

 

236-1       CFAP eligibility, eff. 10/1/01 (63-403.1)

 

236-1B     Noncitizen victims of trafficking, domestic violence, and serious crimes eligible to CFAP pending federal approval.  (W&IC 18945, All County Letter 06-60)

 

236-6       CFAP recipients must be exempt from work requirements, or participate (63-411.1., .2; ACIN I-01-00)

 

236-7       Noncompliance with CFAP work requirements results in ineligibility, but ABAWD, CalFreshET and voluntary quit requirements did not apply to CFAP until AB 1111 applied, 11/1/99 (63-411.3; ACL 99-78; W&IC 18930.5)

 

236-8       Non-CalWORKs CFAP recipients must meet ABAWD requirements as well as general CalFresh work requirements (ACL 99-78; W&IC 18930.5; ACIN I-76-00; 63-410, 63-407.4)

 


 

 

Household Composition

 

240      Household composition

241      Household with relatives

242      Boarders / Roomers

243      Ineligible household members

244      Students

 

245      Categorically-eligible households

246      Elderly / Disabled households

247      Migrant farmworkers

248      Fleeing felons / Drug felons

 

 

240-1       Definition of "homeless individual" (63-102 (h)(2))

 

240-1A     Policies re 90-day period for homeless persons living in another person's home (63-102 (h)(2))

 

240-1B     For homeless recipients, county must determine most advantageous deductions (ACL 13-35)

 

240-1C     Procedure when homeless household has accessed benefits in another county or state  (ACL 15-94)

 

240-2       Individual may not participate as member of more than one household or in more than one county (63-401.2)

 

240-2A     County-initiated mid-payment period actions (63-509 (h) ACL 12-25)

 

240-2B     Under Quarterly Reporting/Prospective Budgeting, a child who receives CalFresh benefits and then is placed in Foster Care is eligible for CalFresh benefits until the end of the quarter unless the child is approved for CalFresh benefits in the foster care household (ACIN I-58-08)

 

240-3       Household concept including definition of individuals who customarily "and/or" purchase and prepare food together, generally (63-402.13)

 

240-3A     Federal regulations define household as individuals who customarily purchase "and" prepare food together (7 CFR 273.1(a)(3))

 

240-4       Individuals considered residents of institution when institution provides majority of meals; General Rule: residents of institutions ineligible for CalFresh benefits (63-402.4)

 

240-4A     Those not considered residents of institutions (63-402.4)

 

240-5       FC and Kin-GAP children are normally boarders, but if household wishes to include them, the FC or Kin-GAP payment is income (ACL 89-08; 99-92, 99-97; SB 1901)

 

240-6       Spouses must be in same household (63-402.143)

 

240-6A     Common law spouses may not claim separate household status (ACIN I-58-06)

 

240-6B     Divorced spouses may claim separate household status if they purchase and prepare meals separately (ACIN I-58-06)

 

240-7       Excluded CalFresh household members included for purposes of defining household (63-402.22)

 

240-9       Household required to establish eligibility only once per payment period based on QR 7/SAR 7/SAWS 2 (63-508.67, .671)

 

241-1       Children under 22 years old must be in the parent's household, even if purchasing and preparing food separately (63-402.142)

 

241-3       No separate household status for child under 18 under parental control of non-parent household member; when child considered under parental control (63-102 (p)(1); 63-402.141)

 

241-4       Determination of which household is appropriate for children in shared custody situations (63-402.15)

 

241-5       Parents, children, and relatives could constitutionally be required to be in same household even when they did not purchase and prepare food together (Lyng v. Castillo)

 

241-9       When person under 22 lives with natural or adoptive parent, separate household status cannot be established, but it can if person under 22 lives with father- or mother-in-law (ACIN I-62-96; 63-402.142)

 

243-1       SSI/SSP recipients are ineligible (63-402.226; 7 CFR 273.20(a))

 

243-1A     Persons continue to be ineligible for CalFresh because of SSI status during periods of temporary SSI ineligibility (63-402.226)

 

243-1B     Suspended SSI/SSP recipient, who receives AFDC, is not eligible for CalFresh, notwithstanding 63-301.7 (ACIN I-39-96)

 

243-2       Residents of institutions generally not eligible for CalFresh benefits (63-402.4)

 

243-3       Eligibility limited to citizens and legal aliens (63-403.1)

 

243-4       Individuals who do not meet citizen or alien requirements are to be excluded from the household (63-402.221)

 

243-5       Striking household members, eligibility of household (63-402.82)

 

243-6       Drug felons defined and excluded from household (63-402.229)

 

243-6A     Drug felons only excluded from household if conduct and conviction both occurred after 8/22/96 (ACL 98-16; 63-402.229)

 

243-6B     Some convicted drug felons now eligible for CalFresh (W&IC 18901.3)

 

243-6C     Other evidence that drug use has ceased under W&IC 18901.3 can be met through self-certification. (ACL 04-59)

 

243-7       Fleeing felons, persons in violation of their probation or parole, excluded from household (63-402.224)

 

243-7A     Fleeing felon defined, existence of warrant creates rebuttable presumption of flight (63-102 (f)(4))

 

243-7C     A person is a fleeing felon and thus ineligible for CalFresh even if he is aware of an active felony warrant from another state and is not extraditable to that state. (ACIN I-58-08)

 

243-8       Excluded household members (63-402.22)

 

243-9       Treatment of ineligible household member reported on QR 7/SAR 7/SAWS 2 (63-508.654(c)(1))

 

244-3       Persons who are considered "students" for CalFresh purposes, and those who are not considered students (63-406.1, 63-406.12)

 

244-4       Definition of "institution of higher education" for CalFresh student purposes (63-406.111(a))

 

244-5       Students who may be eligible for CalFresh (63-406.21)

 

244-5A     Student enrollment status; student eligibility criteria applied on date of interview (63-406.22; .221)

 

244-5B     Student who indicates intent not to continue enrollment is not to be considered a student. (ACIN I-36-12)

 

244-5C     Student enrolled in a the Workforce Innovation and Opportunity Act potentially eligible for CalFresh (ACL 15-70)

 

244-5D     Enrollment in the Extended Opportunity Programs and Services (EOPS) program qualifies an otherwise CalFresh-eligible student for the CalFresh exemption (ACL 15-70)

 

244-5E     CalFresh not available for dormitory meals but persons residing in dormitories may be eligible if dormitory meal plan provides less than half of the meals  (ACIN I-89-15)

 

244-5F     Student status determined at application and certification, not a mandatory mid-payment period reporting requirement (ACIN I-89-15)

 

244-5G    Responsibility of county staff to determine if student meets exemption criteria  (ACIN I-89-15)

 

244-5H     Student status is not verified on receipt (VUR); county action on mid period reports of of changed student status (ACIN I-89-15)

 

245-1       Definition of PA eff. 6/1/01 (63-102 (p)(12))

 

245-2       PA households are generally eligible for CalFresh benefits and overissuance can be collected only if based on net income or household size (63-301.7; ACL 90-71; 7 CFR 273.18(a)(1), (a)(2))

 

245-2A     Suspended SSI/SSP recipient, who receives AFDC, is not eligible for CalFresh, notwithstanding 63-301.7 (ACIN I-39-96)

 

245-2B     Claim is handled as AE if due to county action or inaction; if CE household only overissuance is due to net income or household size (63-801.221)

 

245-3       PA status cannot be rescinded retroactively (54 Fed. Reg. p. 108)

 

245-4       Certain households not categorically eligible (63-301.74, revised 6/1/01)

 

245-4A     household members who do not affect whether an household is PA (63-301.75)

 

245-4B     CE household members not exempt from work registration under 63-407.2 must meet work requirements of 63-407 (63-301.76)

 

245-5       GA households which qualify as categorically eligible (63-301.81, .82)

 

245-6       Categorically eligible GA households meet resource (except transfers), gross and net income limits, sponsored aliens, residency (63-301.822)

 

245-7       Fleeing felons and probation/parole violators, drug felons, and IPV sanctioned persons have income and resources attributed to household from which they are excluded, and render the household non-CE (ACL 98-19, 63-402.22, 63-503.44, and 63-801.7)

 

245-7A     Drug felon who becomes eligible household member per W&IC 18901.3 may increase household CalFresh allotment (ACL 04-59)

 

245-8       Individuals sanctioned for CalWORKs and CalFresh do not cause household to lose CE status, but those sanctioned only for CalWORKs make the household non-CE (ACIN 1-34-99, referencing 63-301.92, 63-301.746)

 

245-9       CE households are only those who are TANF or TANF MOE under state policy, but GA households are still considered CE under regulations (ACL 99-81; 63-301.81, .82)

 

245-10     Effective July 1, 2009 resources of existing non-assistance CalFresh households with child under age 18 are exempt if family planning brochure is provided; concept is called modified categorical eligibility (MCE) (ACL 09-24)

 

245-10A   MCE expanded to all CalFresh households. Property limits effectively eliminated. (ACL 11-11)

 

245-10B   MCE applies to NACalFresh households with child under 18; child may be SSI/SSP recipient (ACL 09-24)

 

245-10C   MCE applies until recertification after child turns 18 (ACL 09-24)

 

245-10D   Once family planning brochure is provided, MCE status remains after break in aid (ACL 09-24)

 

246-2       Definition of elderly or disabled household member (63-102 (e)(1))

 

246-2A     A home with an SSI/SSP recipient is not considered a household with and elderly or disabled household member. (ACIN I-05-08)

 

246-3       Specific veteran's and railroad retirement programs which qualify an household member as disabled (63-102 (e)(1)(G-K))

 

246-4       Elderly and disabled households with no earnings are not subject to quarterly or semi-annual reporting. (63-505.213)

 

247-1       Migrant seasonal farmworkers are not subject to Monthly Reporting/Retrospective Budgeting or Quarterly Reporting/Prospective Budgeting (63-505.211, .212)

 

248-1       Fleeing felons, persons in violation of their probation or parole, excluded from household (63-402.224)

 

248-2       Fleeing felon defined, existence of warrant creates rebuttable presumption of flight (63-102 (f)(4))

 

248-2A     State agencies must use consistent procedures to disqualify individuals whom law enforcement is seeking for purpose of holding criminal proceedings (7 U.S.C. 2015(k)(2))

 

248-2B     Fleeing felon must meet three classification codes from the National Crime Center  ACL 15-82 (effective 12/1/15)

 

248-3       Persons in violation of their probation or parole defined (63-102 (p)(2))

 

248-3A     Definition of probation and parole violators ACL 15-82 (effective 12/1/15)

 

248-3B     Verification procedures for probation and parole violators ACL 15-82 (effective 12/1/15)

 

248-3C     County to continue to process application while awaiting parole/probation verification ACL 15-82 (effective 12/1/15)

 

248-5       Drug felons defined and excluded from household (63-402.229)

 

248-5A     Drug felons only excluded from household if conduct and conviction both occurred after 8/22/96 (ACL 98-16; 63-402.229)

 

248-5B     Drug felons no longer excluded effective April 1, 2015. (ACL 14-100, W&IC 11251.3)

 

248-6       County must delete drug/fleeing felon, parole/probation violator from PACalFresh household at end of month that 10-day notice is issued (63-509 (b)(1)(B), (c)(1))

 

248-7       Suspended SSI/SSP recipient, who receives AFDC, is not eligible for CalFresh, notwithstanding 63-301.7 (ACIN I-39-96)

 

248-8       Person who pleads guilty, but there is no entry of judgment, is not considered a drug felon until judgment is entered (ACIN I-71-99)

 

248-9       Person who has had drug felony conviction entered does not receive retroactive benefits if conviction is reduced or record expunged (ACIN I-71-99)

 

248-10     Minor must be convicted as an adult or minor is not a drug felon (ACIN I-71-99)

 

248-11     Some convicted drug felons now eligible for CalFresh (W&IC 18901.3)

 

248-11A   Individuals convicted of felony drug use potentially eligible for CalFresh (ACL 04-59)

 

248-11B   Individuals convicted of felony drug use must provide proof of subsequent treatment or drug cessation as condition of eligibility for CalFresh (ACL 04-59, ACIN I-45-11E; 63-300(e)(11) and (12))

 

248-11C   Counties may or may not send fliers or use automated systems to identify potentially eligible drug felons (ACIN I-03-05)

 


 

 

Resources

 

251      Maximum limits

252      Countable / Excludable

253      Shared ownership

 

255      Real property (Valuation)

256      Personal property (Valuation)

257      Property transfers

258      QR Property Rules

 

 

251-1        All households with gross income at or below 200 percent of the FPL are conferred Modified Categorical Eligibility status and are not subject to resource limits; historical summary of roll out of MCE clarifying instructions from July 2009 to present. (ACL 09-14, ACL 11-11, ACL 13-32, ACL 14-56)

 

251-1A     Maximum Resource Limit (63-409.12, 63-1101.11 and .12, ACIN I-62-11E, ACIN I-56-14)

 

251-1B     Under Monthly Reporting/Retrospective Budgeting, resources not counted if reduced below limit in month received (63-504.351(b), 63-504.372(a))

 

252-1       Exclusion from resources of home and surrounding property (63-501.3(a))

 

252-2       Exclusion from resources of household goods, personal effects, burial plots, cash surrender value of life insurance, and pension plans (63-501.3(b))

 

252-2A     Types of IRAs and retirement plans that are counted or excluded as resources (ACIN I-91-06)

 

252-2B     All tax-preferred education accounts (e.g., 529s) and retirement accounts (e.g., IRAs), are excluded from countable resources in determining eligibility (ACL 08-37)

 

252-3       Exemption of property producing income consistent with fair market value (63-501.3(e))

 

252-3A     Income producing property policies (ACIN I-96-06)

 

252-4       Exclusion of resources when cash value not accessible to household (63-501.3(i))

 

252-4A     Inaccessible resource defined to mean the resource would be exempt if its equity value is $1500 or less (7 CFR 273.8(e)(18); 63-102 (i)(4))

 

252-4B     Property essential to the employment or self-employment of an household member is exempt (63-501.3(f))

 

252-4C     State regulation makes resources, other than cars or financial instruments, exempt if their sale would produce over $1500; the regulation is inconsistent with other state and federal regulations which make exempt certain resources whose sale would produce less than $1500; state regulations amended to conform with federal regulations 2/21/02 (63-501.3(i)(5); 7 CFR 273.8(e)(18); ACIN I-49-01)

 

252-5       Exclusion of resources when cash value not accessible to household; specific rules pertaining to trusts (63-501.3(i)(1))

 

252-5A     Exclusion of resources such as security deposits, property in probate, real property listed for sale (63-501.3(i)(2)-(4))

 

252-5C     Federal regulations exempt resources which would not produce a significant return, or where the cost of selling would be relatively great (7 CFR 273.8(e)(18), modified eff. 1/20/01)

 

252-5D     Federal Law excludes unlicensed vehicles from resource consideration if vehicle is inaccessible due to joint ownership, if in probate, or when household is making a good faith effort to sell (7 CFR 273.8(c), (d), (e); 63-501.3(d))

 

252-5F     Licensed vehicles exempt as resources when jointly owned and joint owner won't sell, or when legal prohibition against selling vehicle (ACIN I-46-96; 63-501.21, 63-501.3(i)(3), 63-501.3(c))

 

252-5G    Vehicle valuation policies re, e.g., when a vehicle is "licensed", joint ownership, lease/purchase options, reevaluations, individual evaluations (ACIN I-17-02, 63-501.3(c))

 

252-5H     For CalFresh vehicles are excluded (63-501.3(c) eff. 1/1/04)

 

252-6       Exempt resources per federal statute (63-501.3(l))

 

252-6A     Excluded income or resources under federal programs, and certain state or local grants (63-507(a))

 

252-7       Inaccessible resources of women in shelter for battered women (63-501.3(m), renumbered to 63-501.3(n))

 

252-8       Income and resources of nonhousehold members and certain excluded household members such as SSI recipients does not count (63-503.45)

 

252-9       Inclusion of income and resources of disqualified or excluded household member (63-503.441)

 

252-10     PA recipient's countable resources shall be excluded for resource determinations (63-501.3(p))

 

252-11     Identifiable business resources are excluded (63-501.3(f)(2))

 

252-12     Exemption of EITC payments as income or resource for 12 months regardless of whether participating at time of receipt (ACL 11-13)

 

252-12A   Former rule: Exemption of EITC payments (63-501.3(m))

 

252-12B   Lump sum income (LSI) examples; LSI a resource, not income (63-501.1; 7 CFR 273.9(c)(8); ACIN I-13-01)

 

252-12C   Property eligibility is determined once per payment period.. (ACL 03-18

 

252-12D   All tax credit and refund payments exempt for 12 months.  (ACL 11-13)

 

252-13     Treatment of AFDC COLAs as income or property, depending when the COLA was issued (63-503.232(c)(5)(A); 63-502.2(j); ACL 97-32)

 

252-14     Fleeing felons and probation/parole violators, drug felons, and IPV sanctioned persons have income and resources attributed to household from which they are excluded, and render the household non-CE (ACL 98-19, 63-402.22, 63-503.44, and 63-801.7, W&IC 18901.3)

 

252-15     CDSS position is to use stricter treatment of income and/or resources when an excluded household member fits two income or resources categories (ACIN I-34-99, p.3, 5/11/99)

 

252-16     Restricted accounts are an excluded resource (63-501.3(r); ACL 06-31)

 

252-17     Effective July 1, 2009 resources of existing non-assistance CalFresh households with child under age 18 are exempt if family planning brochure is provided; concept is called modified categorical eligibility (MCE) (ACL 09-24)

 

252-17A   MCE applies to NACalFresh households with child under 18; child may be SSI/SSP recipient (ACL 09-24)

 

252-17B   MCE applies until recertification after child turns 18 (ACL 09-24)

 

252-17C   Once family planning brochure is provided, MCE status remains after break in aid (ACL 09-24)

 

253-1       Portion of joint resource held by PA recipient is exempt (63-501.22)

 

S253-2A  Federal Law excludes unlicensed vehicles from resource consideration if vehicle is inaccessible due to joint ownership, if in probate, or when household is making a good faith effort to sell (7 CFR 273.8(c), (d), (e))

 

253-3       Evaluation of value, if any, of jointly held property (63-501.21)

 

253-6       Transfers of property can be made orally; when effective (Civ. C. 1052-1055)

 

253-10     Real property can be transferred only by operation of law, or by a writing (Civ. C. 1091, 1624(a))

 

255-1A     Value of nonexcluded resources is equity value (63-501.5 eff. 1/1/04)

 

256-1       Value of nonexempt real property is equity value, except for vehicles (63-501.12 eff. prior to 1/1/04)

 

256-1A     Valuation of licensed vehicles, using both equity and fair market values (63-501.522, .523, .524 renumbered to 42-215.44, 45 and .46 eff. 1/1/04)

 

256-1B     Value of nonexcluded resources is equity value (63-501.5 eff. 1/1/04)

 

256-1C     For CalFresh vehicles are excluded (63-501.3(c) eff. 1/1/04)

 

256-2       Determining countable resources of vehicles (63-501.525, eff. 6/1/01 renumbered to 42-215.47 eff. 1/1/04)

 

256-2A     Counties are to use "wholesale value" to determine value of vehicle, and should use one source consistently (63-501.511 renumbered to 42-215.411 eff. 1/1/04; ACIN I-124-00)

 

256-2B     A car, if not otherwise excluded, with an FMV greater than the $4500 (now $4650) limit, was a countable resource, even if the net value of the car was zero after encumbrances; after 6/1/01, a car worth less than $1500 is excluded from resource consideration (Alexander v. Glickman; 7 CFR 273.8(e); 63-501.525 renumbered to 42-215.47 eff. 1/1/04)

 

256-2C     Vehicle is excluded as a resource when necessary to transport a physically disabled household member, whether household member is included or excluded, such as an SSI/SSP recipient (63-501.521(e) renumbered to 42-215.431(e) eff. 1/1/04); USDA FNS Letter CalFresh-6-1-CA; 7 USC 2011(g)(2)(c)(ii); ACL 00-06, 00-31; Anderson v. Saenz)

 

256-2D     Vehicle excluded for CalFresh if it is used to transport physically, but not mentally, disabled household member (63-501.521(e) renumbered to 42-215.431(e) eff. 1/1/04; ACIN I-124-00)

 

256-2E     Vehicle exempted if equity value is $1500 or less under federal regulations (7 CFR 273.8(e)(3), eff. 1/20/01; 63-501.3(c))

 

256-2F     Federal regulations exempt resources which would not produce a significant return, or where the cost of selling would be relatively great (7 CFR 273.8(e)(18), modified eff. 1/20/01)

 

256-2G    Federal exemption of certain vehicles from equity test (7 CFR 273.8(f)(2), eff. 1/20/01; 63-501.523)

 

256-2H     One licensed vehicle per adult household member is exempt from equity value test (63-501.523(b), eff. 6/1/01, rev. 2/21/02 and renumbered 42-215.45 eff. 1/1/04)

 

256-2J     Vehicle valuation policies re, e.g., when a vehicle is "licensed", joint ownership, lease/purchase options, reevaluations, individual evaluations (ACIN I-17-02)

 

256-3       Household can verify that value of vehicle is other than the blue book value (63-501.513 renumbered 42-215.413 eff. 1/1/04)

 

256-4A     Federal Law excludes unlicensed vehicles from resource consideration if vehicle is inaccessible due to joint ownership, if in probate, or when household is making a good faith effort to sell (7 CFR 273.8(c), (d), (e), 63-501(c))

 

256-5       Evaluation of value, if any, of jointly held property (63-501.21)

 

256-6       DMV treatment of ownership of vehicle and how vehicle can be transferred (DMV Proc. 5.005)

 

256-7       Ownership of property under California law (Civ. C. 654, 679)

 

256-8       Transfer of property without consideration is usually a gift; "consideration" defined (Civ. C. 1146, 1605)

 

257-1       Disqualification of households which have transferred resources to qualify for aid (63-501.61)

 

257-2       Nondisqualifying transfers (63-501.62)

 

257-3       Disqualification period for households which have transferred resources to qualify for aid (63-501.64)

 

257-4       Length of disqualification period after transfer to qualify (63-501.64)

 

258-1       Property eligibility is determined once per payment period.. (ACL 03-18)

 

258-2       Information on the QR 7/SAR 7/SAWS 2 is used to determine eligibility for the entire upcoming payment period. (ACL 03-18)

 

258-3       Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7/SAR 7/SAWS 2. (ACL 03-18)

 

 

 

Income

 

260      Income

261      Gross / Net income limits

263      Earned income (Employee)

264      Earned income (Self-employment)

265      Unearned income

 

266      Excluded income

267      Excluded household member(s) income

268      Student income

269      Loans / Grants

 

 

260-1       Under Monthly Reporting/Retrospective Budgeting, county is to take into account the actual income already received by the household during the month of application and the household's estimate of income during other beginning months (63-503.212 prior to Quarterly Reporting/Prospective Budgeting)

 

260-2       Net monthly income is net earned income plus unearned income minus deductions (63-503.311)

 

260-3       Net income of all other households other than elderly or disabled (63-503.311; 63-502.2(p); Handbook 63-1101.2; ACIN I-61-09; ACIN I-75-10)

 

260-3B     Since homeless shelter allowance is deducted from income, it cannot be used again to allow an excess shelter deduction (63-502.352, 63-503.311; 7 CFR 273.9(d)(6)(i))

 

260-3C     Net monthly income of household with elderly or disabled member (63-503.312; 63-502.2(p); ACIN I-61-09; I-75-10)

 

260-3E     Insert standard deduction (ACIN I-____)

 

261-1       Gross income maximum for non-PA, nonelderly, or nondisabled households (63-409.111, Handbook 63-1101.31)

 

261-2       Net income maximum (63-409.112; Handbook 63-1101.32)

 

261-3       Monthly budgeting - prospective determination of income eligibility (63-503.231)

 

261-3A     Conversion factors used in determination of gross income eligibility. (ACIN I-10-04)

 

261-4       Households with elderly or disabled members not subject to gross income test, but to net income maximums (63-409.111, .112; ACL 01-56)

 

261-4A     165% FPL Gross Income Standard for Disabled Elderly CalFresh recipients living with others but granted separate household status due to disability. (63-402.17)

 

261-5       Definition of "prospective eligibility" as estimating expected eligibility in issuance month (63-102 (p)(11))

 

261-6       Counties to apply gross and net income standards to projected income for the payment period based on income reported on the QR 7/SAR 7/SAWS 2 (63-503.321(a))

 

263-1       Amount of earned income deduction (Handbook 63-1101.2)

 

263-2       Earned income includes wages and salaries of an employee (63-502.131)

 

263-4       College work study income is earned income (63-502.137)

 

264-1       Self-employment income is to be added to other income and then deductions apply (63-503.31, 63-503.415)

 

264-1A     Self-employment income to be projected for payment period (63-503.411(a))

 

264-2       Costs allowed in determining net self-employment income (63-503.413(a))

 

264-2A     Self-employed persons may choose actual expenses or 40% standard deduction (63-503.413)

 

264-3       Costs not allowed in determining self-employment income (63-503.413(b))

 

264-5       Sale of capital goods is treated under federal tax rules (63-503.414; IRC 1231)

 

264-6       Verification necessary for self-employment income (63-503.412(c))

 

264-7       Earned income received monthly is counted monthly, but self-employment income received less than monthly is prorated (7 CFR 273.21(f)(2))

 

264-8       Room rental is self-employment income (ACIN I-03-02; 63-502.132(b))

 

264-8A     Self-employment income when rooms in CalFresh applicant's home are rented (ACIN I-03-02)

 

265-1A     No increase, but also no decrease, in CalFresh benefits due to failure of person to comply with welfare or PA rules, when such failure results in decreased aid payments (63-502.17, 63-503.7, .71)

 

265-1B     Any reduction caused by the household in its PA or welfare grant, except for complete termination of aid, shall not be used to increase CalFresh benefits (ACIN I-62-96; 63-503.71)

 

265-1C     Calculate CalFresh as if client-caused failure to comply with PA or welfare provisions had not been applied to reduce grant; then, determine that CalFresh cannot be increased, due to this calculation (63-503.71, .72)

 

265-1D     CDSS policy is to treat deductions from SSA to recover tax overpayments as countable income under 63-502.17, even though that regulation does not apply (63-502.17; ACL 02-55)

 

265-2       Unearned income includes AFDC, General Assistance/General Relief, and other need-based assistance including nonexcluded vendor payments (63-502.141, .141(a))

 

265-2A     Adoption assistance payments are treated as unearned income in CalFresh except for that portion of the adoption subsidy that is earmarked for an excludable reimbursement (ACIN I-58-08)

 

265-3       Unearned income includes grants which are paid for work performed without compensation other than the grant itself (63-502.141(b))

 

265-4       Unearned income includes annuities, pensions, etc. (63-502.142)

 

265-5       Unearned income includes support or alimony payments (63-502.144)

 

265-5A     An MFG child’s receipt of child support income is unearned income to the CalFresh household (ACIN I-01-06)

 

265-6       Child support withheld from UIB or retirement checks is considered income to the individual whose check was reduced (CalFresh Policy Memo 86-26, 92-11; 7 CFR 273.9(c))

 

265-7       VEAP benefits are resources to the extent the veteran has contributed to the VA and the remainder is income (ACL 94-06)

 

265-8       Under Monthly Reporting/Retrospective Budgeting, it is only households exempt from retrospective budgeting which may have weekly or biweekly income multiplied by 4.3 or 2.15 (ACIN I-25-02; 63-505.21)

 

265-8A     Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167 (63-509 (a)(5))

 

266-1       List of income exclusions under CalFresh. (63-502.2)

 

266-1A     Exclusion of in-kind income; including non-cash incentive payments and most gift certificates (63-502.2(a); ACIN I-82-01)

 

266-2       Vendor payments include payments to third party when there is no legal obligation to household (63-502.2(b)(1))

 

266-2A     Money for care of non-household third party beneficiary is excluded (63-502.2(h))

 

266-3       Certain PA and GA payments considered excludable vendor payments (63-502.2(b)(2))

 

266-3A     Lump sum CalWORKs diversion money payments, and certain such vendor payments, are excluded as income (ACL 98-19; 63-502.2(b), (j))

 

266-3B     Mandated vouchers/vendor payments for housing and utilities are included as income (ACL 98-19, 63-502.2(b))

 

266-3D     Public assistance payment normally paid to household, but diverted to third party is income; however, any county payment over and above public assistance is excluded (63-502.2(b)(3))

 

266-4       AFDC HA payments excluded as income (Hamilton v. Lyng, Hamilton v. Madigan; ACL 88-91)

 

266-6A     Student earning exclusion continues during semester or vacation breaks (63-502.2(i))

 

266-6C     Earnings of child under 18, attending school at least half time, are excluded income; exclusion applies to child under 19 effective November 2006, but applies to children under 18 no later than November 1, 2007 (63-502.2(i), rev. 2/21/02 and again 10/01/06; ACL 07-31; ACIN I-48-07)

 

266-6D     Federal regulation excludes earned income of half-time (or more) student under age 18 (7 CFR 273.9(c)(7))

 

266-7       Exclusion of nonrecurring lump-sum payments as income (63-502.2(j))

 

266-7A     Child support received by CalFreshD when household off aid, and paid to household when on aid, is a resource, not income (63-502.2(j); Hixenbaugh v. Anderson ; ACL 97-44)

 

266-7B     Lump sum income (LSI) examples; LSI a resource, not income (63-501.1; 7 CFR 273.9(c)(8); ACIN I-13-01)

 

266-7C     Treatment of LSI when an initial UI, DI or WC payment is received, differentiating between income and resources (ACIN I-25-02; 63-502.142, 63-501.111, 63-502.2(j))

 

266-7D     Tax refunds excluded as income and resources for 12 months. (ACL 11-13)

 

266-8A     Excluded income is income that is excluded by federal statute (63-502.2(l))

 

266-8B     VISTA payments, including AmeriCorps VISTA, are excluded as income (63-507(a)(14); ACIN I-70-02)

 

266-8C     Treatment of certain Americorp payments (ACIN I-34-05)

 

266-9       Reimbursement for expenses not exceeding actual expenses is excluded as income (63-502.2(g)(2))

 

266-11     Excluded income includes withheld monies from assistance payments (but not if failure to comply with program requirements), from earnings, or other source, or monies received and repaid (63-502.121)

 

266-11A   When overpayment collected from a different source, entire amount of gross payment including the deducted overpayment amount is income to the CalFresh household (ACIN I-01-06)

 

266-12     MFG child’s receipt of child support from LCSA is exempt income in CalFresh (ACIN I-34-05)

 

266-13     Child support payments from a household member to an individual living outside the home are excluded as income (63-502.2(p))

 

266-13A   Child support payments are excluded even if another household member pays child support on behalf of obligator (ACIN I-96-06)

 

266-14     Income exempt or excluded from CalWORKs under §44-111 are also excluded for CalFresh benefits Effective no later than November 2007, child support disregard not an income exclusion and income of child between ages 18 and 19 no longer excluded regardless of student status (63-502.2(q) effective 1/06; ACL 07-31; ACIN I-48-07)

 

266-15     One time $250 recovery payment under ARRA for Social Security, SSI/SSP, railroad retirement or veteran’s disability or pension benefits are excluded as income (ACL 09-12)

 

266-16     Counties are to begin excluding income earned by census takers retroactive to January 2010 through September 2010 (ACL 10-18)

 

266-17     Workforce Investment Act (WIA) payments are exempt but not those for on the job training. (63-507(a)(4))

 

267-1       Computation of income of households with excluded members (63-503.442)

 

267-2       Deduction shared with nonhousehold members (63-503.452)

 

267-3       Persons with questionable citizenship ineligible to participate, but income and resources treated as available (63-300.532(b), 63-503.442)

 

267-4       Fleeing felons and probation/parole violators, drug felons, and IPV sanctioned persons have income and resources attributed to household from which they are excluded, and render the household non-CE (ACL 98-19, 63-402.22, 63-503.44, and 63-801.7)

 

267-5       CDSS position is to use stricter treatment of income and/or resources when an excluded household member fits two income or resources categories (ACIN I-34-99, p.3, 5/11/99)

 

267-6       Foster care children are either excluded from the household or in the household along with income (ACIN I-73-04)

 

268-1       Treatment of student grants and loans (63-502.145, .2(e))

 

268-1A     BIA and Title IV educational loans excluded (ACL 93-57; P.L. 102-325; 63-502.2(l)(4), revised to 63-507(a)(6))

 

268-1B     College work study income exempt (63-502.2(q)(1)(a))

 

268-2       Major categories of Title IV Higher Education Act student assistance (ACL 87-43)

 

268-2A     In Quarterly Reporting/Prospective Budgeting, educational loans and grants averaged after exclusions, averaged over intended period (63-503.5)

 

268-3       Definition of "institution of post-secondary education" (63-502.2(e)(3)(A))

 

268-4       Excludable portions of educational loans must be verified (63-502.2(e)(4))

 

269-1       Loans excluded as income (except certain educational loans) (63-502.2(f))

 

269-1A     Counties may choose to require written verification of loans on a county-wide basis; legally binding agreement is not required (ACIN I-91-06)

 

269-2       Under Monthly Reporting/Retrospective Budgeting, proration of student grants and loans (63-503.212(b)(2) prior to Quarterly Reporting/Prospective Budgeting; ACL 92-72)

 

269-3       Signed statement needed for loan to be excluded (ACIN I-73-04)


 

Deductions

 

270      Deductions (General)

271      Shelter Costs

272      Utilities/SUA/LUA/TUA

273      Homeless Shelter

 

274      Dependent Care

275      Medical Costs

276      Child Support

277      Proration

 

 

270-1       Insert deductions, standard, shelter cost (ACIN I-__-__)

 

270-2       General reference to regulations regarding exclusions and deductions when there is no exclusion applicable to the case (specify the type of exclusion or deduction requested by the claimant) (63-502.2, .3)

 

270-3       Semi-annual reporting, determining expenses for the payment period. (ACL 12-25)

 

270-3A     Shelter costs determined at application and recertification, only changed base don voluntary mid-period report. (ACL 12-25)

 

270-3B     Budgeting households with fluctuating expenses (ACL 12-25)

 

270-3D     Quarterly reporting - determining reasonably anticipated medical, child care and child support expenses (63-509 (a)(3)(A))

 

270-5       Insert standard deduction (ACIN I-____)

 

271-2       Shelter costs included in determining shelter cost deduction (63-502.362)

 

271-3       Computation of shelter cost deduction (63-502.36, formerly 63-502.35)

 

271-4       Rental costs and gas for propane tank are shelter costs (ACIN I-49-95; 63-502.362(d))

 

271-5       Under Quarterly Reporting/Prospective Budgeting, shelter costs are fixed at application and recertification until change reported.  Utility costs are fixed except for household with SUA that may switch to actual if costs verified (63-509 (a)(3)(B) and (C)); mandatory SUA, LUA or TUA determined at application or recertification effective November 2006 (63-509 (a)(3)(C))

 

271-6       Options for treating unverified shelter deductions (ACIN I-52-06)

 

271-7       Maximum limitation on shelter cost not applicable to households which contain an elderly or disabled member (63-502.35)

 

271-8       Maximum shelter allowance insert (ACIN I-____)

 

272-1       SUA used in calculating shelter costs (63-502.363; ACIN I-61-08))

 

272-1A     Amount of SUA insert (ACIN I-______)

 

272-1B     Amount of LUA; TUA insert (ACIN I-_____)

 

272-1C     Effective November 1, 2006, the SUA is mandatory for all (63-502.363)

 

272-1D     January 1, 2013: All CalFresh households are entitled to the SUA based on receiving the LIHEAP benefit as part of the Heat and Eat Program. (ACL 12-61)

 

272-1E     July 1, 2014: the State Utility Assistance Subsidy (SUAS) payment replaces the LIHEAP benefit as the Heat and Eat Program. Receipt of the SUAS qualifies a household ineligible to CalFresh or a recipient household with fewer benefits to apply the SUA in computing benefits. (ACL 14-66)

 

272-2       Households not eligible for SUA may be eligible for LUA (63-502.363(d), I-69-06)

 

272-3       New Rule effective October 2006, moved to November 1, 2006: Households not eligible for SUA or LUA may be eligible for TUA if telephone costs only (63-502.363(e), I-69-06)

 

272-3B     If household incurs a cost, they can receive TUA even if phone or cell phone is not in their name (ACIN I-96-06)

 

272-4       Household that incurs costs for at least two utilities other than heating and cooling eligible for LUA (ACIN I-96-06)

 

273-6       Homeless households also get the SUA based on receiving the LIHEAP benefit; if household adversely impacted by ineligibility for the homeless shelter deduction, county shall recalculate the correct deduction retroactive to January 1, 2013. (ACL 13-35)

 

273-6A     For homeless recipients, county must determine most advantageous deductions (ACL 13-35)

 

273-7       Standard shelter allowance, homeless households (63-502.351-4; 63-500.363(a)(1)(A); Handbook 63-1101.27; ACIN I-46-05)

 

273-7A     Actual homeless shelter costs, plus utility costs, can be used by household if these exceed homeless shelter deduction (63-502.362(a))

 

273-7B     Since homeless shelter allowance is deducted from income, it cannot be used again to allow an excess shelter deduction (63-502.352, 63-503.311; 7 CFR 273.9(d)(6)(i))

 

274-1       Out-of-pocket CalWORKs child care expenses are deductible, and county must recalculate and issue correct benefits, even if the county was previously correct in denying the child care deduction (ACL 98-19)

 

274-1A      The cap on the dependent care deduction is eliminated (ACL 08-37)

 

275-1       Medical cost deduction; when applicable, types of medical expenses allowable (63-502.33)

 

275-2       Averaging medical expenses over certification period (63-503.253(a), 63-503.252(b))

 

275-3       County action on reported medical changes by nonmonthly reporting households (63-503.253(a), 63-504.421; 7 CFR 273.10(d)(4))

 

275-4       Amount of medical transportation allowable; mileage allowance (63-502.331(h)

 

275-5       Medical Marijuana cannot be allowed as a medical deduction.  (See Federal Register, September 3, 2015)

 

276-1       Legally obligated child support to nonhousehold member is a deduction prior to November 2006; treated as an exemption effective November 2006 (ACL 95-49; 63-502.2(p))

 

276-2       Kinds of allowable child support deductions; a deduction for arrearages is permitted; child support is an exemption rather than deduction effective November 2006 (63-502.38, .386 prior to November 2006; 63-502.2(p))

 

277-1       Deduction shared with nonhousehold members (63-503.452)

 

277-2       Treatment of partial rent payment by excluded household member (ACIN I-52-06)

 

277-3       Proration rules for housing and utility costs differ depending on whether there is one CalFresh household with excluded person(s), or two CalFresh households (ACL 02-55, 63-502.371, .375(c))

 

 

 

Budgeting

 

280      Budgeting

281      Prospective / Retrospective

284      New household members

285      Reported changes (When effective)

 

 

286      Change reporting households

288      SAR Budgeting

289      Quarterly and Retrospective Budgeting (old rules)

 

 

 

280-1       Monthly allotment based on household's size and net income (63-503.324)

 

280-2       Proration of benefits in month of application (63-503.13; Handbook 63-1101.4) [NOTE: Specify date, days in month, full month entitlement, prorated amount]

 

280-2B     Allotment amounts for Modified Categorically Eligible households (ACL 14-56)

 

280-3B     State regulations on issuance of benefits after delay in recertification, when household is not at fault (63-504.61(e), eff. 6/1/01)

 

280-3C     Federal regulations on delays in issuance of benefits at recertification (7 CFR 273.14(e), eff. 1/20/01, to be implemented by 6/1/01)

 

281-1       During beginning months, use income already received and what is anticipated. (63-503.212)

 

281-1A     Under Semi-Annual reporting, treatment of households that move out of state/out of county  (ACL 12-25, ACL 11-22)

 

281-1B     If household ineligible in application month but eligible in subsequent, benefits should be approved in subsequent month without new application (63-503.14)   

 

281-1C     Household should be issued eligible benefits in application month even if application processed in subsequent month  (63-503.14)

 

281-2       Allotment in month of application may differ from subsequent months. (63-503.151)

 

281-4        General Assistance/PA to be anticipated with reasonable certainty (63-503.232(c)(5))

 

281-4A     Initial General Assistance/PA only counted if certainty of issuance (63-503.212(a)(1))

 

281-8       Definition of "prospective eligibility" as estimating expected eligibility in issuance month (63-102 (p)(11))

 

281-14     Definition of "prospective budgeting" (63-102 (p)(10))

 

284-3       When increases in benefits due to decrease in income or addition of household member take effect. (ACL 12-25)

 

284-3A     Steps county is to take in determining eligibility of persons moving into the home (ACIN I-58-13)

 

S284-3A  Prior rule: Effect of person moving into the home with income that causes assistance unit/household to be financially ineligible. New person ineligible for Medi-Cal. (ACL 03-18)

 

284-3B     New household member added first of month following month person reported in home and verification provided. (63-509 (f))

 

284-3C     Only new household member's income averaged over remaining months of quarter (63-509 (f)(2))

 

284-3D     If new person would decrease benefits or make household ineligible, county takes no mid-quarter action, but sends notice of action reminding household to report new member on next QR 7 (63-509 (f)(3) and (4))

 

284-4       Special procedures when a new assistance unit or household applies for a child already receiving aid. (ACIN I-21-12)

 

284-5       Effective date of aid for new household member (ACL 12-25E)

 

285-3       When increases in benefits due to decrease in income or addition of household member take effect. (ACL 03-18)

 

285-3A     Effective date for removal of household member and household member's income if reported during the payment period  (63-504.356)

 

 

 

286-1       Change reporting households are migrant and seasonal farmworker, certain elderly or disabled, and homeless; excluded from quarterly and semiannual reporting (63-505.21 ACL 12-25)

 

286-1A     Change reporting households to be transitioned to semi-annual reporting in 2016 (ACL 15-90, W&IC 18910(g))

 

286-2       What change reporting households must report (63-505.51)

 

286-2A     Reporting requirements for changes of address for change reporting households (ACL 15-94)

 

286-3       When county must act to increase benefits for nonmonthly reporting household (63-504.422)

 

286-4        When county should act to decrease benefits for nonmonthly reporting households (63-504.423)

 

288-0        Requirement to implement SAR in cost efficient manner and to insure compatibility between CalWORKs and CalFresh (W&IC 18910)

 

288-1       Certain households (migrant and seasonal farmworker; elderly and disabled without earnings; homeless, those on Indian reservations) are not subject to Monthly Reporting/Retrospective Budgeting or Quarterly Reporting/Prospective Budgeting (63-505.21)

 

288-2       County will use information on SAR 7/SAWS 2 to determine future eligibility and benefit amount. (ACL 12-25)

 

288-2A     Under Prospective Budgeting, county to use "reasonably anticipated" income recipient will receive during the payment period (ACL 03-18 ACL 12-25)

 

288-3A     When income is reasonably anticipated (ACL 12-25)

 

288-3B     In SAR, recipients do not project income for each month, only the data month and projected changes. (ACL 12-25)

 

288-3C     SAR, reasonable anticipation of new income during the payment period. (ACL 12-25)

 

288-3D     SAR, new income which is uncertain as to date and amount not counted (ACL 12-25)

 

288-3E     SAR, fluctuating income only counted to the extent that it is certain. (ACL 12-25)

 

288-3F     SAR, if recipient indicates data month not typical of income, county shall generally use recipient’s estimate. (ACL 12-25)

 

288-3G    SAR, procedure when recipient projects fluctuations of income in payment period. (ACL 12-25)

 

288-3H     SAR, county can look back six months to project income. (ACL 12-25)

 

288-3I      SAR, when seasonal income averaged throughout year by CalFresh, CalWORKs will be consistent. (ACL 12-25)

 

288-3J     SAR, income that will begin and end in payment period not averaged but only counted in the month(s) expected in the amount expected each month. (ACL 12-25)

 

288-3K     SAR, if assistance unit certain that their income will be ending or new income will be starting in a certain month of the SAR Payment Period, this income will only be used to determine benefit amounts for the months in which it is reasonably anticipated to be received. (ACL 12-25)

 

288-3L     UIB income is not to be reasonable anticipated unless the payment dates are certain. (ACL 11-49)

 

288-3M    Steps to be taken by the county when recipient reports income will change in payment period. (63-509 (a)(6))

 

288-3N     Income starting or ending in midpayment period no longer averaged but counted only as anticipated.  (ACL 12-25, ACL 13-17)

 

288-4       Under Prospective Budgeting, weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167 (63-509 (a)(5) ACL 12-25)

 

288-4A     The conversion factors are to be used only on income that is regular and predictable, unusual paychecks in the data month do not count (ACL 12-25)

 

288-4B     Conversion factors not used if weekly or biweekly income fluctuates (ACL 12-25)

 

288-4C     Benefits for certification period based on prospective budgeting; information on data month only used if it will continue (63-509 (a)(1))

 

288-4D     Actual CalWORKs grant used to compute CalFresh allotment (63-509 (a)(4)(A)5.)

 

288-6       County must provide SAR 7/SAWS 2 by first of data month; prospective budgeting used to compute allotment for upcoming certification period  (ACL 12-25, ACL 13-17)

 

 

 

288-8C     For Non-Assistance households, county must reduce benefits mid-payment period when information is verified upon receipt.          (ACL 13-17)

 

288-8D     If the report is mandatory for public assistance purposes but no action is taken in the public assistance program, the county should not take negative action in Cal-Fresh (ACIN I-58-13E)

 

288-8E     In the case of a voluntary mid-payment period report that is "verified upon receipt (VUR)", the county must take action to reflect the change for the remainder of the certification period (ACIN I-58-13)

 

288-8F     "Verified upon receipt (VUR)" refers to information from primary sources such as government agencies (ACL 13-17)

 

288-8G    County to hold information from IEVS report if information not considered verified upon receipt (VUR).  (ACL 13-17)

 

288-8H     Changes that cannot be verified by claimant statement alone. (ACL 13-17)

 

288-8I      Reports of household composition change considered "verified upon receipt (VUR)". (ACL 13-17)

 

288-8J     If reports of increased income are "verified upon receipt (VUR)", the county must act on the change (ACL 12-25E)

 

288-12     Report of decreased income on SAR 7 will also be considered voluntary mid payment period report (ACL 12-25, ACL 13-17

 

288-13     Required mid-payment period reports  (ACL 12-25)

 

288-13A   County action on mid period reports of address change  (ACL 12-25E)

 

288-14     County action when mid payment period report is less than the IRT (ACL 13-17

 

288-14A   County action when income over IRT still renders recipient eligible (ACL 12-25)

 

288-15     People with one time pay increase not required to additional one time increases in same payment period. No action taken if such payments exceed IRT  (ACL 13-17

 

288-16      County action when IRT verifications not received by due date  (ACL 13-17

 

288-17     No need to report change in drug/fleeing felon status mid payment period, county responsibility if such information received in CalWORKs case (ACL 13-17

 

288-18     County administrative processing of mid payment period reports (ACL 12-25)

 

288-19     Changes reported for submit month either on the SAR 7 or otherwise treated as voluntary mid payment period reports (ACL 12-25

 

288-20     Required county actions on changes in certification period  (ACL 13-17

 

288-21     County-initiated mid-payment period actions (ACL 12-25, ACL 13-17)

 

288-22     County action on mid period reports of changed shelter costs (ACL 12-25E)

 

288-23     Multiple changes in certification period (ACL 12-25)

 

288-24     County must evaluate multiple changes separately and in order of occurrence (ACL 12-25, ACL 12-25E, 63-509 (f)(4),)    

 

288-25     County action on reports in change of household composition (ACIN I-58-13)

 

288-26     Student status is not verified on receipt (VUR); county action on mid period reports of of changed student status (ACIN I-89-15)

 

 

289-1       Under Quarterly Reporting/Prospective Budgeting, generally benefits frozen for three months.  Circumstances under which mid-quarter adjustments may be made (63-508.14)

 

289-2       Under Quarterly Reporting/Prospective Budgeting, recipients must report within 10 days address changes and for ABAWDs reduction in work hours (63-509 (b)(1))

 

289-3       Under Quarterly Reporting/Prospective Budgeting, county action on mandatory mid-quarter reports (63-509 (b)(1)(B),(c)(1) and (4))

 

289-4       Under Quarterly Reporting/Prospective Budgeting, county only acts to increase benefits on voluntary reporting; verification is required (63-509 (d))

 

289-5       Under Quarterly Reporting/Prospective Budgeting, county must issue a "No change NOA" following a voluntary report if it cannot increase benefits (63-509 (d)(7))

 

289-6       Under Quarterly Reporting/Prospective Budgeting, county must recalculate benefits based on voluntary mid-quarter report (63-509 (e)(1))

 

289-7       Under Quarterly Reporting/Prospective Budgeting, changes in submit month reported on QR 7 are voluntary reports (63-509 (e)(2) Handbook)

 

289-8       Under Quarterly Reporting/Prospective Budgeting, household’s allotment in month of application may differ from other months of quarter (63-503.151(QR))

 

289-9       Under Quarterly Reporting/Prospective Budgeting, when NA CalFresh household voluntarily reports income in excess of 130% of the FPL excluding income of new household member, household is discontinued mid-quarter (63-509 (d)(7)(C))

 

289-10     County action when mid quarter change renders household ineligible. (63-504.423)

 

289-11     County will use information on QR 7 to determine future eligibility and benefit amount. (ACL 03-18)

 

289-12     Benefits for next quarter based on prospective budgeting; information from data month is only used if it will continue (63-509 (a)(1))

 

289-13     Monthly reporting: Definition of "issuance month" (63-102 (i)(10))

 

289-14     County must provide QR 7by first of data month; prospective budgeting used to compute allotment for upcoming quarter (63-508.31)

 

289-15     Quarterly budgeting - Recalculating the current quarter's CalWORKs and CalFresh benefits when a recipient reports a decrease or discontinuance of income. (ACL 03-18)

 

289-16     Definition of county initiated mid-quarter changes (63-102 (c)(13))

 

289-17     Quarterly budgeting - County-initiated mid-quarter period actions (63-509 (h))

 

289-18     Quarterly reporting -Counties now must discontinue NACalFresh household mid-quarter when income above gross income limit is voluntarily reported (ACL 04-56)

 

289-19     Quarterly Budgeting - Treatment of multiple changes in payment period (63-509 (l))

 

289-20     Quarterly Budgeting - County must evaluate multiple changes separately and in order of occurrence (63-509 (f)(4))

 

289-21     Since exact circumstances of when $25 weekly UIB increase in payments (per stimulus package) will occur are unknown, counties cannot yet anticipate these UIB payments for prospective reporting households (ACL 09-12)

 

289-22     Under MR/RB income and deductions of a member leaving household disregard in following month  (63-504.356)

 

289-23     Under MR/RB reported changes outside of the CA 7 (63-504.357)

Overissuances/Underissuances

 

290      Corrective actions

291      Underissuance

292      Overissuances / Computation

293      Overissuances / Period of recovery

 

295      Overissuances / Tax intercepts

296      Overissuances / Demand for repayment / Coupon allotment reduction

 

 

290-1       Description of types of overissuance claims (63-801.2)

 

290-1A     Federal differentiation between IPV, IHE and AE CalFresh claims (7 CFR 273.18(b))

 

290-1B     State definition of an AE (63-102(a)(3))

 

290-1C     State definition of an IHE (63-102(i)(5))

 

290-1D     State definition of "delinquent claim" (63-102 (d)(3), 63-801.451)

 

290-1E     State definition of "recipient claim" (63-102 (r)(2))

 

290-3       When monthly income report is initially filed late or incomplete, and complete CA 7 submitted by extended filing date, then no CalFresh claim is to be submitted (Saldivar v. McMahon; ACIN I-62-89)

 

291-1       County duty to provide retroactive benefits when county has erred (63-802.1)

 

291-1A                Time limits for restoration of lost benefits . (63-802.12)

 

291-2       Amount of underissuance to be restored should be reduced by outstanding overissuance but no offset against initial allotment (63-802.54)

 

291-3       Definition of underissuance (63-102 (u)(1))

 

291-4       Out-of-pocket CalWORKs child care expenses are deductible, and county must recalculate and issue correct benefits, even if the county was previously correct in denying the child care deduction (ACL 98-19)

 

291-5       County must take action to restore underpayment/underissuance.  Restoration based on QR rules. (ACL 03-18)

 

291-5A     No overpayment/overissuance or underpayment/underissuance when actual income differs from reasonably anticipated income. (ACL 03-18)

 

291-6       Restoration of lost benefits when household composition has changed. (63-802.17)

 

292-1       General rule regarding establishment of claims for overissuances; all adult household members liable (63-801.1)

 

292-1A     No claim for administrative error overissuance when $35 or less, or in certain procedural matters, or when unaltered, expired ATP is redeemed (63-801.12; 7 CFR 273.18(b)(3))

 

292-1B     Claims under federal regulations allowed against household members, or persons (such as ARs) who caused overissuances, but SSI recipient not a household member (7 CFR 273.18(a)(4), 273.20, 273.1(a)(7))

 

292-1C     Claims against household members under federal regulations, and against persons (such as ARs) who caused overissuances, but certain classes of people not household members (7 CFR 273.18(a)(4), 273.1(a)(7))

 

292-1D     County may collect overissuance from household consisting of all minors, or from child who was adult in household at time overissuance occurred (ACIN I-16-05)

 

292-1E     Any household member over the age of 18 through the age of 21 is considered be an “adult child” and shall be jointly and individually liable for the value of any overissuance (ACIN I-84-09)

 

292-2       Definition of overissuance (63-102 (o)(1)

 

292-3       Balancing overissuances against underissuances; no offset allowed against administrative error overissuances (63-801.313; Handbook 63-801.313; Lopez v. Glickman)

 

292-3A     Overissuance must be based on a recreation of case circumstances, including the determination of what income should have been reasonably anticipated at the time. (ACL 12-25)

 

292-3B     When recipient fails to report, overissuance is based on what would have occurred if correct report had been made.  (ACL 12-25)

 

292-3C     Procedures for reconciling IEVS reports and computing overpayments and overissuances   (ACL 12-25)

 

292-3D     Overissuance computation must take into consideration actual decreases in income during payment period even though such decreases were not reported.  (ACL 15-95)

 

292-3E     Computation of overissuance in situations of a required mid-payment period report  (ACL 12-25)

 

292-4       No 20% earnings deduction when IPV has been determined, or to any portion of earned income which the household has not reported (63-801.323, 63-801.312(c))

 

292-5A     Computation of overissuance, and disallowance of deductions for unreported earnings (63-801.312)

 

292-5B     Computation of overissuance, and disallowance of deductions for unreported earnings. Implementation for November 1966-August 1997 (63-801.312, 63-1434.3)

 

292-5C     Disallowance of 20% earnings deduction only applies to portion of earnings not reported, and no good cause for failure to report (ACIN I-62-96; 63-801.312(c))

 

292-5D     Disallowance of 20% earnings deduction only applies to portion of earnings not reported, and no good cause for failure to report. Implementation for November 1966-August 1997 (63-1434.3, 63-801.312(c))

 

292-6       Claim is handled as AE if due to county action or inaction; if CE household only overissuance is due to net income or household size (63-801.221)

 

292-7       Establishing CalWORKs overpayments in the Prospective Budgeting system. (ACL 03-18)

 

292-7A     Overpayment begins on first date change would have been made based on accurate recipient report regardless of whether the error was caused by county or recipient. (ACL 03-18)

 

292-7B     Voluntarily reported changes not considered when determining whether there is an overpayment/overissuance. (ACL 03-18)

 

292-7C     Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7/SAR 7/SAWS 2. (ACL 03-18)

 

292-7D     No overpayment/overissuance or underpayment/underissuance when actual income differs from reasonably anticipated income. (ACL 03-18)

 

292-7E     Overissuance is to be established for failure to report change on QR 7/SAR 7/SAWS 2            for data month and county incorrectly computes benefits (63-801.311(c))

 

292-7F     Overissuance established if county cannot issue 10-day notice to decrease benefits due to late QR 7/SAR 7/SAWS 2 (63-508.623 (Handbook))

 

292-7G    When computing overissuance or underissuance, county shall use CalWORKs grant that was reasonably anticipated (ACIN I-16-05)

 

292-7H     No overissuance exists when no 10 day notice could be issued after proper mandatory mid-payment period report. (ACL 12-25)

 

292-8       No Transitional CalFresh overissuance if CalWORKs discontinuance is later rescinded (ACIN I-75-05)

 

S292-9     Counties should use allotment tables from ACIN I-61-08 when computing overissuances from April 2009 through September 2009 (ACL 09-12)

 

292-9A     For overissuances that occur on or after April 1, 2009, counties should use allotment tables in ACL 09-12 effective April 2009 (ACIN I-58-09)

 

292-9B     Because stimulus payment is subtracted out of both amount household received and should have received, calculation of overissuance is same as always computed (ACIN I-58-09)

 

292-9C     Counties must exclude from income the $25 supplemental UIB stimulus amount effective November 1, 2009 (ACL 09-82)

 

292-10     Overissuance results if income over IRT even if recipient uninformed of the IRT (ACL 14-77)

 

293-2       Less than three-year limitation from date of discovery for county action to collect administrative error or inadvertent overissuances, date of discovery (63-801.111; ACIN I-52-02)

 

293-2A     County shall calculate the amount of the administrative or inadvertent household error overissuance which occurred during the six years before the overissuance was discovered (63-801.311(b), eff. 8/10/01)

 

293-2B     County, in most circumstances, can collect overissuance only if county has documented the amount and reason for the overissuance, and issued a demand letter, within three years of the overissuance (63-801.112, 63-801.311(b); ACIN I-03-02)

 

293-2C     CDSS policy is to allow counties to collect overissuances for at least six years, as long as the last month is within three years of the month the overissuance is established (ACIN I-03-02, I-52-02; 63-801.112, 63-801.311(b))

 

293-2D     No current State regulations that would prevent counties from pursuing collections of an established administrative error or inadvertent household error overissuance claim (ACIN I-58-08)

 

293-3       Claim shall be determined uncollectible after held in suspense for three years (63-801.53)

 

293-5       Collection action is to be taken only against households with adult member who was in household when overissuance occurred (63-801.61; 7 CFR 273.18(f))

 

293-6       Delinquent claim defined; but it is not considered delinquent if it is being repaid (63-102 (d)(3), 63-801.451, 63-801.454)

 

293-6A     An overissuance claim that is being appealed is not considered delinquent (63-804.642)

 

295-1       Limitations on county use of tax-intercept system to collect overpayments (ACIN I-53-89)

 

295-2       Refunds of tax intercepts (ACIN I-53-89; ACL 90-14; Anderson v. McMahon)

 

295-2A     Warning notice and review prior to tax intercept (20-406.1)

 

295-3       Tax intercepts, when appropriate (20-403.1, .2)

 

295-4       Tax intercepts, refunds to claimants (20-408.1)

 

S295-5     Tax intercept instructions for Tax Years 1993-2000 (ACIN I-22-00, I-19-98, I-12-97, I-11-95, I-06-94, I-13-93)

 

296-2       County duty to collect inadvertent or administrative error overissuances (63-801.411)

 

296-2A     No collection of CalFresh administrative error overissuances less than $125 if household no longer receiving benefits. (ACIN I-33-14, W&IC 18927(e).)

 

296-3       Continuing action on collection of administrative error claims (63-801.442)

 

296-3A     Counties shall not demand repayment of administrative error claims less than $125.00 (ACL 13-79)

 

296-4       IPV claims are only established by court or IPV hearing. Prior to a determination of IPV, the claim is to be handled as inadvertent error claim (63-801.231)

 

296-5A     All overissuances are subject to allotment reduction if the household or sponsor doesn't agree to repayment (63-801.431(d))

 

296-6       Criteria for suspension of administrative or inadvertent error claim (63-801.512)

 

296-7       Methods of collecting CalFresh overissuances; method of reducing allotments, 20% intentional, 10% inadvertent, 5% administrative error (63-801.7, ACL 13-79)

 

296-7A     Recoupment of overpayment/overissuance only initiated at beginning of the payment period. (63-801.737)

 

296-7B     Collection of overissuances from EBT accounts (16-750)

 

296-8       Situations where county is authorized to reduce CalFresh allotment to collect an outstanding nonadministrative error overissuance (63-801.441)

 

296-9       Notice must advise household that SSI/SSA payments don't have to be used to repay overissuance until 11/17/00, when SSA language was deleted (Louis v. McMahon; ACIN I-27-90; ACIN I-109-00)

 

296-9A     Debt Collection Improvement Act pertaining to collection of overpayments; no collection permitted from SSI but no prohibition regarding collection or offsets from Social Security or other benefits (Louis v. McMahon; 31 CFR 285.4; ACIN I-109-00; 63-102 (d)(3), 63-801.45)

 

296-10     No reduction of initial CalFresh allotment to offset past overissuances (63-801.97, .4)

 

296-11     County may demand repayment from excluded household members ((ACIN I-54-09)

 

296-12     No offsetting of administrative error overissuances against underissuances (ACL 96-43, 96-59; Lopez v. Espy, renamed Lopez v. Glickman; Handbook 63-801.313)

 

296-13     Administrative error claims where Notice of Action is sent to be effective 3/1/00 or after are limited to collection at the greater of 5% of allotment level or $10, and for a total of 36 months (Lomeli v. Saenz; ACL 00-59)

 

296-13A   Once adjustment has begun, there is no further collection of a Lomeli overissuance after the 36 consecutive months have passed (Lomeli v. Saenz; ACL 00-87)

 

296-13B   When, during the 36 consecutive months of potential adjustment under Lomeli, the person is not an CalFresh recipient, the county may take action to recover the overissuance (ACL 00-87)

 

296-13C   Counties should not combine adjustments of pre-Lomeli and Lomeli overissuances (ACL 00-87)

 

296-13D   In general (but not in Lomeli cases) overissuances can be collected simultaneously, at the maximum allowable rate for the overissuance which allows the quickest recovery (63-801.73; ACIN I-124-00; ACL 00-87)

 

296-13E   Federal rules on compromising claims (7 CFR 273.18(e)(7))

 

296-13F   State regulation originally says that Lomeli affects only those overissuances occurring on or after 3/1/00, despite stipulated judgment that applies to all NOAs sent to be effective 3/1/00 or later, no matter when the CalFresh administrative error overissuance occurred; regulation then modified to comport with Lomeli judgment (63-801.222, rev. 1/14/02; Lomeli v. Saenz)

 

296-13G  CDSS directs counties not to divide overissuances into separate claims to frustrate Lomeli (ACL 02-21)

 

296-14     Household cannot be held liable for CalFresh overissuance due to county failure to include Social Security COLA but can receive benefits if underissuance occurs (63-504.462(b)(1)(A); ACIN I-105-00, I-91-01)

 

296-15     Federal rules preclude using additional means of recovery when adjustment of CalFresh allotment is occurring, except if additional payment is voluntary, or is collected from irregular and unexpected funds (7 CFR 273.18(g)(1))

 

296-16     When a "hearing officer" determines that a claim exists, then a new Notice of Action must be sent regarding the overissuance (63-504.261)

 

296-17     Collecting overissuances from EBT accounts (16-750.1-.13)

 

296-18     The county can collect from two separate cases at the same time for one claim as long as each case consists of an adult member who was an adult member of another household that received more CalFresh benefits than it was entitled to receive (ACIN I-58-08)

 

296-18A    County cannot request tax intercept simultaneously when an allotment reduction is currently being used to collect the overissuance (ACIN I-54-09)

 

297-1       ALJs have no authority to award interest (AFL-CIO v. UIAB; ACIN I-52-96; Knight v. McMahon)

 


 

 

Work Registration

 

300      Work registration requirements

301      Registration

302      Exempt members

303      Deferred members

304      Comparability of requirements

305      Good cause

 

306      Sanctions

307      Food Stamp Employment and Training components

308      Job quits

 

 

300-1       Duties of work registrants (63-407.4)

 

300-3       Clarification of policies regarding self-initiated workfare and training programs which satisfy ABAWD work requirements (ACIN I-37-01)

 

300-3A     Tables setting forth CalFresh participation requirements in non-CalFreshET counties (ACINs I-37-01, I-114-01)

 

301-1       Work registration requirements, general (63-407.1)

 

301-2       Registration in GA, non-WIN PA, or RRP work programs, meet CalFresh work registration requirements (63-407.23)

 

301-3       Explanation of work registration requirements and rights, responsibilities and consequences of failure to comply (63-407.31)

 

301-4       When work registration is considered completed (63-407.32)

 

302-1       Individuals exempt from work registration requirements (63-407.21; ACIN I-76-00, I-46-02)

 

302-1A     Enrollment in correspondence course does not exempt student from CalFreshET (ACL 95-18; 63-407.21(h))

 

302-1B     Appeal from denial of UIB does not meet work exemption requirement, but zero UIB payment in order to recover UIB overpayment does (ACIN I-76-00; I-79-03; 63-407.21(e))

 

302-1C     CDSS policy is to limit care of incapacitated person, or participation in drug or alcohol program, to situations where employment is precluded for at least 30 hours per week (ACIN I-76-00; 63-407.21(d) and (f))

 

302-1D     Only one parent in CalFresh household can qualify for exemption for caring for child under age six; parents can designate which parent is exempt (63-407.21(d); ACIN I-46-02)

 

302-1E     "Unfit for employment" exemption must be expected to last 30 days, and person must actively seek medical treatment; exemption, if it exists, exists for entire month (63-407.21(b); ACIN I-46-02)

 

303-1       County must screen work registrants to determine whether they will participate or be deferred (63-407.81)

 

303-2       Reasons for deferring from mandatory participation in CalFreshET (63-407.811)

 

303-2A     Pregnant women deferred from CalFreshET participation (ACL 95-18; 63-407.811(c)(7))

 

303-2B     Determination as to what constitutes an unreasonable distance for CalFreshET deferral (ACIN I-04-02; 63-407.811(c))

 

303-2C     Persons who live in federally designated work surplus areas are deferred from FSET activities. 2012 designated work surplus areas. (Welfare and Institutions Code W&IC 18926.5, ACL 12-03)

 

303-2D     Part time workers whose work would interfere with work activities deferred on personal circumstances (ACL 95-18)

 

303-3       Referral for CalFreshET applicants if monthly expenses exceed reimbursement (63-407.311(a))

 

304-1A     Sanction of individual who is in noncompliance with a work requirement; ending sanction; no sanction for failing to comply with work requirements of substitute program unless substitute program assignment is CalFreshET assignment (63-407.54, 63-407.543; ACL 10-11))

 

305-2       Required notice when county determines that noncompliance was without good cause (63-407.52)

 

305-3       Unsuitable employment (63-407.7)

 

305-4       Good cause determinations for work registrants (63-407.51)

 

306-1A     Length of CalFresh sanctions (63-407.53)

 

306-3A     Reestablishing eligibility after sanction (63-407.612 repealed effective 8/8/03)

 

306-3B     Regaining eligibility by complying with program requirement (63-407.543)

 

306-3C     Person who becomes exempt for work registration during sanction can reapply (63-407.611)

 

306-3D     Individuals sanctioned can reestablish eligibility after expiration of sanction period (63-407.87)

306-6A     Principal work registrant who is ineligible alien and voluntarily quits job does not subject household to disqualification (ACL 95-18; 63-408.3)

 

306-8       Disqualification for refusal to register, to participate in employment or training program, or to accept an offer of employment (7 USC 2015(d))

 

306-9       Prior state rule that individuals who become exempt for certain reasons prior to disqualification do not have to serve minimum penalty period, while individuals who become exempt after disqualification begins cannot reestablish eligibility until penalty period has run, revised to consider no instance of noncompliance if sanction not imposed (63-407.542)

 

306-9A     Federal law and policy is to permit reestablishment of CalFresh eligibility if person becomes exempt, even if sanction has begun (CalFresh-2-GEN Ad. Notice; 7 CFR 273.7(h))

 

306-9B     Instance of noncompliance with CalFresh work requirements not counted when individual is exempt and cannot later be imposed (ACIN I-71-04)

 

306-9C     No overissuance for CalFresh benefits received between date individual failed to comply with workfare and date sanction is imposed (ACIN I-71-04)

 

307-1       Provision of CalFreshET Program components--Job Club/Search, Work and Training component (63-407.841)

 

307-2       Registrant must be told of component requirements and sanctions for noncompliance (63-407.821)

 

307-3       CalFreshET participation requirements (63-407.85)

 

307-3A     Increase of state minimum wage to $6.75 effective 1/1/02 reduces hours of required participation in CalFreshET program (ACIN I-13-02, I-34-99; 63-407.85)

 

307-4       Reimbursement for transportation, child care, and other costs; reasonable costs of transportation defined (63-407.83)

 

307-4A     Travel costs to pick up bus pass or deliver workfare verification are reimburseable if county requires individual to take actions in person (ACIN I-79-03)

 

307-4B     Reasonable and ancillary expenses include cost of books and supplies required for job (63-407.831)

 

307-5       CalFresh Workfare Program (63-407.91; 7 CFR 273.22)

 

307-6       CalFreshET participants are subject to sanctions under 63-407.5 if they fail or refuse to comply with program requirements (63-407.861)

 

307-7       Clarification of policies regarding self-initiated workfare and training programs which satisfy ABAWD work requirements (ACIN I-37-01)

 

307-7A     Tables setting forth CalFresh participation requirements in CalFreshET counties (ACIN I-37-01)

 

308-1A     New Rule: Voluntary quit or reduced work effort rules (63-408.1, .11 and .12)

 

308-3       Good cause for leaving employment (63-408.41)

 

308-4       Persons exempt from voluntary quit provisions (63-408.3)

 

308-5A     Principal work registrant who is ineligible alien and voluntarily quits job does not subject household to disqualification (ACL 95-18; 63-408.3)

 

308-6A     Voluntary quit or reduced work effort rules for applicants (63-408.21 effective 8/8/03)

 

308-6B     Voluntary quit or reduced work effort rules for recipients (63-408.22 effective 8/8/03)

 

308-6C     Individuals who qualify for exemption excused from voluntary quit or reduced work disqualification provision (63-408.3)

 

308-9C     Voluntary quit does not apply if CalFresh applicant abandons job without good cause, or is fired due to misconduct or late appearances with one exception (63-408.41, 63-408.12; ACIN I-46-02 Errata)

 


 

 

Coupon Issuance

 

310      Coupon issuance / Replacement

312      HIR

316      EBTs

 

 

 

310-1       Food stamps shall be issued on a timely basis and in the correct amount (63-601.1)

 

310-5       Allowable replacements of ATPs (63-603.11, 63-603.12, 63-603.153)

 

310-6       Allowable coupon replacements (63-603.112, .12)

 

310-7       Replacement of CalFresh in an automated direct access issuance system (63-603.115, .126)

 

310-8       Household responsibilities in order to receive replacement issuances (63-603.15, .3)

 

310-9       Adult, or minor applying as a separate household, or AR when no adult is required or able, must comply with CalFresh SFIS or benefits will not be issued (63-601.12, .14; ACL 00-32)

 

312-1       Federal requirement to allow 20 days to obtain allotment in alternative issuance system when certification occurs after twentieth of month (7 CFR 274.3(e)(1); ACINs I-15-90, I-31-90; 63-602.312)

 

316-1       Description of EBT system (Handbook 16-001.1)

 

316-2       EBT system to be used for CalFresh, and may be used for CalWORKs (16-001.2, .3)

 

316-3       EBTs to be issued in compliance with regulatory guidelines (16-215.1)

 

316-4       County must give toll-free number to report stolen or lost EBT, and issue replacement EBT within 3 business days (16-515.1, 16-517.1)

 

316-4A     Benefits accessed before report of stolen EBT card cannot be replaced. (ACIN I-25-03)

 

316-5       Recovery of CalFresh OIs from EBTs (16-750.1, .111, .15)

 

316-6       EBT account will become dormant when a household has not accessed its benefits after 180 days; Benefits will be expunged from an EBT account when they have not been accessed after 365 days (ACL 08-37)

 

316-7       Protocol for recipients who believe EBT benefits have been stolen through electronic theft. (ACL 13-67)

 

 

316-7A     County procedures when loss or theft of EBT reported (16-515)

 

316-8       Provisions regarding inactivity in EBT accounts  (16-120.1)

 

316-9       Dormant EBT accounts after 90 day inactivity (16-120.12)

 

316-10     Expunged EBT Accounts after 270 days inactivity (16-120.13)

 

316-11     EBT benefits can be converted to coupons if recipient moves to a different state (16-315)

 

316-12     Recipient can request multiple EBT cards for other household members (16-505)

 

316-13     Head of household can designate one person to access cash benefits and another to access CalFresh benefits  (16-505.21)

 

316-14     New EBT card when recipient moves to a new county (16-510.43)

 

 

321-1       ABAWD requirements begin 12/1/96 or first full month after application and continue without interruption for next 36 months (63-410, 63-410.1 and .2)

 

321-1A     Coupons received in mail and EBT benefits count as receipt of CalFresh, but failure to pick up CalFresh coupons is not a receipt month for ABAWD purposes (ACIN I-76-00)

 

321-2       Individuals exempt from ABAWD requirements (63-410.31, .32, .33; ACIN I-76-00)

 

321-2A     ABAWD exemption exists if there is an ineligible child under 18 in the CalFresh household (ACIN I-04-02; 63-410.323)

 

321-2B     Obsolete An individual who no longer qualifies for an ABAWD exemption is immediately subject to the ABAWD work requirement and may not be considered exempt for the remainder of the quarter or for the remainder of the certification period. (63-410.371-.373 repealed effective August 19, 2006)

 

321-3A     Despite regulatory language which excludes individuals in areas which receive federal waiver from ABAWD requirements, state policy is to allow counties to decide whether to accept waiver (ACL 97-23; 63-410.33)

 

321-3B     ABAWD waiver effective May 1, 2008 through April 30, 2009 in 52 counties unless counties opt out of waiver in writing (ACIN I-07-08)

 

321-3C     ABAWD waiver from October 1, 2013 through September 30, 2014 unless counties opt out. (ACIN I-54-13)

 

321-3D     ABAWD waiver from October 1, 2014 through September 30, 2015 unless counties opt out.  (ACIN I-49-14)

 

321-3E     ABAWD waiver from January 1, 2016 through December 31, 2017 unless counties opt out.  (ACIN I-11-16)

 

321-4       How to fulfill the ABAWD work requirement (63-410.21, 63-032.1; ACIN I-76-00)

 

321-4A     Job search or job search training does not meet ABAWD requirements (63-410.213(c)(1); ACL 97-08)

 

321-4B     Pre-2/1/2000, unsuitable employment work hours don't help meet 20 hour weekly work requirement; post-2/1/2000, reference to unsuitable deleted; in-kind work income may help meet that requirement (63-410.211)

 

321-4C     Circumstances where individual has temporary work absences yet may meet ABAWD work requirements (63-408.22)

 

321-4D     ABAWD must report within 10 days when hours of employment reduced to under 20 per week or 80 per month (63-410.211(a))

 

321-5       Regaining ABAWD eligibility (63-410.51, 63-410.512(a))

 

321-5A     Workfare assignment may be less than 20 weekly hours and still meet ABAWD requirement (ACL 97-08)

 

321-6       Three month eligibility period, on one-time only basis, after no longer satisfying work requirement but can be used only once in 36-month period (63-410.52, .521)

 

321-6A     Three-month free period after failure to satisfy ABAWD work requirement does not include months when CalFresh not used (ACL 97-08; 63-410.52)

 

321-6B     County shall issue CalFresh when individual described in 63-410.521 begins meeting ABAWD work requirements (63-410.523)

 

321-7       Required ABAWD Notice of Action when alleged failure to meet ABAWD work requirements after 3 "free" months (63-410.4)

 

321-8       County is to make ABAWD eligibility determination during 3 free months (63-410.44)

 

321-9       Expiration of ABAWD eligibility is a county-initiated action to be made during the payment period (63-410.61)

 

321-10     Counties cannot discontinue CalFresh recipients for failure to satisfy the ABAWD work requirement during April 2009 through September 2010 (ACL 09-12)

 

321-11     Individual who fails to comply with ABAWD requirement subject to sanction (63-410.53)

 

344-2       Clear and convincing evidence defined (People v. Martin)

 

344-3       IPV disqualification penalties must be imposed timely or administrative error overissuance will result (20-300.4, revised 7/1/98; ACL 91-26)

 

344-4       Welfare fraud requires nonentitlement to aid (People v. Ochoa)

 

344-5       $250 monetary limit for CalFresh IPVs does not apply if claim is combined with AFDC IPV (ACL 95-43)

 

344-6       12-month, 24-month, and permanent disqualification penalties replacing 6-month, 12-month, and permanent disqualification penalties (63-805.1, 20-300.31)

 

344-6A     Penalties for trading CalFresh for controlled substance, or for firearms, when made by a court (20-300.31; ACL 96-35)

 

344-6B     10-year penalty for falsifying identity or place of residence in order to receive multiple CalFresh benefits can be imposed through ADH or by court (20-300.314)

 

344-6C     Trafficking CalFresh of $500 or more, as determined by court, results in permanent disqualification from CalFresh program (20-300.315)

 

344-6D     When respondent has two prior IPVs determined by ADH, DCA, waiver, or court which occurred prior to 8/22/96, conviction of a third act after that date is a 24-month (2nd disqualification) penalty (20-300.343; ACIN 1-01-00)

 

344-7       Definitions of IPV and of penal statute (20-300.11, .12; W&IC 10980(g))

 

344-8       IPV sanction must be imposed immediately, even if disqualified individual is not on aid (ACL 95-81; Garcia and Zellar v. Concannon; 20-300.36, revised 7/1/98)

 

344-9       When IPV respondent has not been notified of changed penalties by county, disqualification penalty is based on regulations in effect at time of offense (20-300.32)

 

344-9A     If fraudulent act begins when penalties are lower, and continues into period when penalties are higher, the higher penalties may be imposed (20-300.32; ACIN 1-01-00)

 

344-10     Federal regulations require notification of IPV penalties in clear, prominent and boldface lettering at each application (7 CFR 273.16(d))

 

344-10A   Federal regulations require the applicant to be informed of the possibility of criminal prosecution, and the civil and criminal penalties, and that information be prominent, in boldface, and understandable (7 CFR 273.2(b)(i), (ii))