January 31, 2011

 

Calfresh logo   Program Guide Letter #553

 

Subject

Updates to the CalFresh Program Guide

 

Effective Date

Upon receipt

 

Purpose

The purpose of this letter is to inform staff of the revisions and updates to the CalFresh Program Guide.

 

Policy Change: Sponsor Deeming, Indigent Noncitizen, Determination

Reference: All County Letter (ACL) 11-06

BACKGROUND

On August 13, 2008, the California Department of Social Services (CDSS) issued All County Information Notice (ACIN) I-58-08 stating that a noncitizen cannot be determined “indigent” if the noncitizen does not provide verification of support from the sponsor.  This information was issued in San Diego County via Special Notice 08-11.

POLICY CHANGE

On January 19, 2011, CDSS issued ACL 11-06 clarifying that a sponsored noncitizen does not need to provide verification from the sponsor to determine if the sponsored noncitizen income is below the 130 percent of the Federal Poverty Level (FPL) to determine” indigence.”

·      CalFresh Program Guide Section 63-157 has been updated with this information.

·      The “Sponsored Noncitizen Indigence” answer from Special Notice 08-11 has been deleted.

WORKER ACTION

The worker must review if a noncitizen has been inappropriately denied an indigent exemption when taking action on the case, or at recertification.  If so, the worker will issue corrective benefits to otherwise eligible noncitizen individuals in accordance with CalFresh Program Guide Section 63-456.   Lost benefits will be restored for not more than 12 months prior to the date the worker discovers that a loss to a household has occurred.

 

List of Incorporated and/or Deleted Special Notices

The following Special Notices (SN) have been incorporated into the CalFresh Guide and have been removed from the list of documents available online:

Special Notice #

Title

03-19

Project 100 Percent

05-06

Reduced Fee Identification Card

05-08

Extension of Food Stamp Income Exclusion of Military Personnel Deployed in a Combat Zone and attachment

05-08 Attachment 2

Combat Zones Special and Incentive Pays

05-08 Addendum A

Extension of Food Stamp Income Exclusion of Military Personnel Deployed in a Combat Zone  (Published 6/11/2007)

05-08 Addendum B

Extension of Food Stamp Income Exclusion of Military Personnel Deployed in a Combat Zone  (Published 5/30/2008)

06-11

Verification of Self-Employment Income of Child Care and Adult Providers

07-01

Simplification Options Questions and Answers

07-05

Translation of Food Stamps and CalWORKs Joint Forms into Eight Additional Languages

08-05

NOMI at Recertification

08-07

The Farm Bill; Mandatory Changes Effective October 1, 2008

08-10

Revised EBT Notices Due to Farm Bill Changes

09-01

CalWORKs Income Reporting Threshold 2008

09-06

FS COLA Effective 10-09

10-09

CalWORKs IRT

The following Special Notices have been removed from the list of CalFresh documents available online:

Special Notice #

Title

06-10

Revenue and Recovery Overpayment Referral Process-CalWIN

06-10 Attachment B

Form 09-43 – Claim Detail Screen Shots

06-13

Fluctuating Income-How to Enter Income in CalWIN

07-09

Screening – Supplemental Forms

07-13

Payment Verification System (PVS) Reminder

08-02

Treatment of Tax Rebates Provided by the Economic Stimulus Act of 2008

08-08

New Federal Citizenship and ID Regulations for Medi-Cal Eligibility

08-08 Attachment A

Citizenship and Identification Tables

08-12

ABAWD Waiver FFY 2009

10-01

Earned Income Tax Credit Outreach Publication – 2009 Revision

10-06

Revised Eligibility/Status Report (QR 7), QR 7 Addendum and QR 7A Forms

The following Program Inquires (PI) have been incorporated into the CalFresh Program Guide and deleted from the list of documents available online:

Program Inquiry #

Title

2005-16

Child Support Treatment from Intake

2009-01

Noncitizens “Opting-Out” of Food Stamps

2010-02

Income Test for Quarterly Reporting Households with Elderly/Disabled Members

 

 

CalFresh Program Guide: Revisions and Updates

The following CalFresh Program Guide sections have been revised and/or updated:

 

 

CHAPTER/ SECTION #

SECTION TITLE

REVISIONS/UPDATES

63-021.6

Pamphlets: Publication 13

Added Publication 13 availability in other languages and link to the ENTERPRISE folder, where the publication is located.

63-021.7

Communication Request in a Language Other than English

·      Changed section title from “Languages Other than English" to “Communication Request in a Language Other than English;” and

·      Added a link to Section 63-021.8, Case Documentation.

63-022.3

New section:

Forms and Notices in Other Languages

Added new section with information on the Be Vu et al v. Mitchell and Bolton settlement agreement.

63-022.4

New Section:

County Staff Requirements

Added a new section with instructions on providing forms and notices in other languages to non-English speaking applicants/recipients when the form or notice is not available in CalWIN. 

63-022.5

New section:

Availability of Translated Forms and Notices

Added a new section to include:

·      Information regarding languages availability of forms or notices in CalWIN;

·      A link to new chapter 63-650, Forms, Notices and Desk Aid and CDSS Forms and Notices Matrix; and

·      A link to the ENTERPRISE folder “Food Stamp State Forms/Other Languages State Forms.”

63-107.2

Refusal to Cooperate

Added clarification that noncitizens refusing to provide immigration documentation or sponsor’s information will be excluded household members.

63-107.3

Refusal to Cooperate with a Quality Control (QC) Reviewer

Added the following information:

·      Household requirement to cooperate with the QC review;

·      QC sanction will be removed if the household cooperates during the QC review period.  The worker will reopen the case if the household complies with QC during the month of discontinuance; the household will need to reapply if complying after the month of discontinuance; and

·      Examples of waiting period requirements to reapply after a State or Federal QC review sanction.

63-109.1

Normal Processing

Added the following information:

·      CalFresh applications must be processed, approved or denied, no later than 30 days following the date of application;

·      Examples of approval or denial when the 30th day falls on a weekend or holiday; and

·      The application cannot be delayed pending verification pertaining to other programs (e.g., Project 100%, child support questionnaire, birth certificates, vehicle registration, etc.).    

63-117.9

Sponsored Noncitizens

·      Clarified that only the persons applying for CalFresh, who are sponsored noncitizens, are required to provide the sponsor’s information; and

·      Changed format adding sub-bullets under sponsor documentation and replaced the word “noncitizen” instead of “alien” for consistency.

63-117.15

Child Support Obligation and Actual Payments

Added:

·      Note to explain workers can obtain child support payment verification from the Local Child Support Agency (LCSA); and

·      Link to Section 63-224.15, Legally Obligated Child Support Payments.

63-1102.1

Income Deductions Table

Updated the CalFresh Income Deductions Table and the Assistance Standards for CalWORKs and CalFresh Table with the Federal Fiscal Year (FFY) 2010 CalFresh Cost-of-Living- Adjustment (COLA):

Changes

FFY 2010

FFY 2011

Standard Deduction Household size 1-3:

$141

$142

Maximum Shelter Deduction

$459

$458

Standard Utility Allowance (SUA)

$287

$320

Limited Utility Allowance (LUA)

$88

$94

 

63-152.2

Identity Verification

Incorporated Special Notice 05-06, Reduced Fee Identification Card.  When a client contacts the county to request the DL 937 form to obtain a DMV identification card at a reduced fee, a supervisor or the designated person in the office will complete and sign the form after verifying the client is a CalFresh recipient.

63-152.8

Whereabouts Unknown

Added information from Special Notice 10-14, Transitional CalFresh can only be discontinued if the County learns the household has been approved for either TANF and/or CalFresh out of state.

63-154.1

Noncitizen Eligibility

Added Public Charge information; households receiving CalFresh are not considered a “public charge.”

63-154.11

Refusal to Provide Legal Noncitizen Documentation

·      Added link to Section 63-206.4, Treatment of Resources of Excluded Members; and

·      Clarified that workers shall give noncitizens the option to withdraw and to inform the household of the option early in the application process.

63-156.2

Qualifying CFAP Immigration Status

Re-worded section and deleted information already included in another section of the chapter.

63-156.5

Sponsored Noncitizens Eligible to CFAP

Re-worded section and changed the sponsor’s income is deemed for three years from the date of the execution of the Affidavit of Support (not the date of entry).

63-157.1

General Deeming Rules

Added “deeming” regulations information.

63-157.2

Households with Sponsored Non-Citizens

Changed regulation to match federal/state regulations.  The sponsor wife’s income and resources will be deemed to the sponsored member only if the spouse signed the affidavit of support I-864 or I864A. (MPP sections 63-300.5(e)(8), 405.7 and ACL 01-24).

63-157.3

Sponsorship Provisions and Indigence

Policy Change (ACL 11-06)

·      Sponsored noncitizens may self-declare that they are not being supported by the sponsor and are not required to provide verification of non-support from the sponsor in order to determine “indigence;” and

·      Deleted the “Sponsored Noncitizen Indigence” answer from Special Notice 08-11 and included a link to Section 63-157.3.

Additionally, deleted statement indicating that the sponsored individual is exempt from deeming if the sponsor participates in a separate CalFresh household.

63-157.5

Federal CalFresh Deeming Regulations

·      Changed section name “Federal Eligibility” to: “Federal CalFresh Deeming Regulations;”

·      Clarified that sponsorship deeming requirements do not apply to sponsored non-citizens who entered the U.S. prior to December 18, 1997; and

·      Added sponsored noncitizen provisions.

63-157.6

CFAP Deeming Regulations

·      Changed section name “CFAP Eligibility” to: “CFAP Deeming Regulations.”

·      To match state regulation, revised statement indicating that sponsorship provisions apply for three years from date of entry.  Sponsor regulations apply from the date the sponsor signed the affidavit of support.

63-157.7

Responsibilities of Sponsored Noncitizens

Added information that the sponsored noncitizen will be considered an ineligible noncitizen if they are unable to provide the sponsor’s information and will be considered an excluded member of the CalFresh household.

63-157.8

Sponsored Noncitizen Required Forms

·      Revised information related to the use the G-845 supplement to verify the sponsor information; and

·      Provided link to the G-845 Supplement form.

63-157.10

Refusal to Provide Sponsor Information

·      Changed section name “Refusal to Comply with Sponsored Noncitizen Verification” to: “Refusal to Provide Sponsor Information;”

·      Expanded information to clarify that:

o  Sponsored noncitizens are responsible to provide the sponsor information if they request CalFresh, and

o  If one noncitizen refuses to provide, other sponsored noncitizens shall provide the their own sponsor verification if they wish to receive CalFresh; and

·      Added explanation that sponsored noncitizens refusing to provide the sponsor’s information will be excluded household members (ACIN I-16-05; I-43-03).

63-162.7

Student Forms

·      Changed student financial aid/expense verification form (16-22) to CSF 50; and

·      Added link to 09-55 form worksheet/desk aid.

63-203.2

Household Goods, Personal Effects, and Pension Plans

Expanded retirement savings and pension plans information (ACIN I-28-09).

63-206.2

Joint Ownership

Added information from SN 05-08 ADD B (ACIN I-32-08).  Accounts held jointly with military personnel deployed oversees, could be exempt if the household cannot use the funds, or part of the funds, for its own purposes.

63-221.2

Quarterly Reporting Households Income Test

Added information from SN 04-02 ADD C (ACIN I-84-03): how to determine monthly income and income test of households applying for CalFresh; splitting the information for applicants and outgoing households.

63-221.5

Excluded Income

Added clarification from SN 04-18 (ACIN I-73-04): child support income will be excluded the moment the household assigns the support rights to the County (signs the CW 2.1).

63-223.3

Payments and Benefits

Added information from SN 08-11 (ACIN I-58-08). Adoption Assistance Payments are considered unearned income and are assigned to the adoptive parent.

63-223.5

Rental Property Income

Added link to rental property income, which is considered self-employment income.

63-223.6

Child and Spousal Support Payments

Added the $50 child support disregard received by CalWORKs recipients is considered unearned income for CalFresh.

63-224.10

Earnings of a Minor Child

Reworded Section A (first bullet) regarding income of a student turning 18.

63-224.15

Legally Obligated Child Support Payments

Added link to Section 63-117.15, Child Support Obligation and Actual Payments.

63-224.17

New section:

Combat Pay

Incorporated Special Notice 05-08, Attachment, Addendum A and B to this section: Additional payments received by a member of the U. S. Armed Forces deployed to a combat zone are excluded, if the additional pay is the result of deployment to, or while serving in a combat zone.

63-235.2

Rent or Mortgage Costs

Added clarification from SN 06-18 (ACIN I-58-06): homeowners association fee are a shelter cost expense.

63-241.1

QR Households Receiving Monthly Self-Employment Income

Added clarification from SN 05-17 (ACIN I-34-05): a self-employment determination must be done on case-by-case basis.

63-241.10

New Section:

Household Receiving Child and Adult Care Food Program (CACFP) Reimbursements

Incorporated Special Notice 06-11 (ACIN I-37-06): Strategic Planning & Operational Support (SPOS) will distribute a list of providers receiving CACFP Tier 1 on the basis of their participation in CalFresh. County staff must review these cases to ensure these households are correctly reporting self-employment income.

63-246.3

Determination of Sponsor’s Income Deemed Available to Sponsored Noncitizens

·      Modified section adding a Step/Action table; and

·      Added clarification from SN 05-12 (ACIN I-16-05):  sponsored children under the age of 18 are exempt from sponsorship regulations and their share of deemed income will not count in the CalFresh budget and added example.

63-246.6

Awaiting Sponsorship Verification

·      Changed section name “Awaiting Verification” to “Awaiting Sponsorship Verification;”

·      Added clarification that sponsored noncitizens will be excluded as ineligible noncitizens if they don’t provide the sponsor’s information; and

·      Clarified children under the age of 18 are exempt from sponsorship regulations.  Added links to the appropriate sections.

MPP 63-503.494(a)

63-254.2

Calculating Net Monthly Income for Quarterly Reporting (QR) Households

·      Added a first step to average the income over the QR Payment Quarter; and

·      Changed Step 6 statement: “subtract monthly dependent care expenses, if any, up to the maximum,” to allow the entire dependent care expense.

(ACL 08-37)

63-254.3

Calculating Net Monthly Income of Households that Include an Elderly or Disabled Member
·      Changed section name “Calculating Net Monthly Income for Households Including an Elderly or Disabled Member” to “Calculating Net Monthly Income of Households That Include an Elderly or Disabled Member;”

·      Added a first step to average the income over the QR Payment Quarter (if the household is QR); and

·      Changed Step 6 statement “subtract monthly dependent care expenses, if any, up to the maximum,” to allow the entire dependent care expense per SN 08-07 (ACL 08-37).

63-254.4

Determining Eligibility and Benefits of Households that Include an Elderly or Disabled Member
·      Changed section name “Eligibility and Benefits Determination when all Household Members are Elderly or Disabled” to “Determining Eligibility and Benefits of Households that Include an Elderly or Disabled Member;” and
·      Changed statement to apply only the net income test when a household includes an elderly or disabled member.
7 CFR273.10(e)(2)(i)(A) and (i)(B).

63-254.5

Determining Eligibility and Benefits for QR Households with no Elderly or Disabled Members
·      Changed section name “Eligibility and Benefits Determination for QR Households” to “Determining Eligibility and Benefits for QR Households with no Elderly or Disabled Members;”
·      Clarified that this information applies to ongoing households during the certification period; and
·      Added link to 63-221.2, Quarterly Reporting Households Income Test.

63-254.6

CalFresh Allotment Computation

 

·      Changed section name “Coupon Allotment Table” to “CalFresh Allotment Computation;” and
·      Added information on how to calculate the CalFresh allotment manually.
7 CFR273.10(e)(2)(ii)(A).

63-272.2

Establishing a Quarterly Reporting Cycle

Changed “approval month” to “application month.”  The first month of the initial cycle is the application month. 

63-273.2

QR 7 Review

Removed unnecessary statement about a child turning 18 years of age during the quarter under item 5a.

63-304.5

Timely Application for Recertification

·      Added a link to 63-107.2 for the definition of “Refusal to Cooperate;”

·      Expanded Notice of Missing Interview (NOMI) information; and

·      Added examples from Special Notice 08-05.

63-351.4

Rights and Responsibilities of Applicant/Recipient

Clarified households will not be denied for failure to attend the FRC’s group orientation and added a link to Section 63-115.2, Rights and Responsibilities/Orientation.

63-351.6

Benefits Issuance

Changed Section name “Dates of Aid” to “Benefits Issuance” and deleted redundant information.

63-501.7

Disaster CalFresh Desk Aid

·      Changed the desk aid title to “Disaster CalFresh Desk Aid;”

·      Changed Food Stamp to CalFresh; and

·      Updated the Disaster CalFresh Income Eligibility Standards Table (page 3 of 4) with October 2010 amounts (one dollar difference for household size of 4 or more).

63-501.8

New section:

County of San Diego Disaster CalFresh Plan

·      Added section to inform staff of the county requirement to submit an annual Disaster CalFresh plan; and

·      Added link to the current County Disaster CalFresh Plan.

63-504.11

Summary of Disaster CalFresh and Replacement Forms and Notices

Updated Disaster approval/denial notices with October 2010 amounts (one dollar difference for household size of 4 or more) and changed Food Stamp references to CalFresh.

63-505.3

Notices of Action

Updated Disaster CalFresh approval/denial notices with October 2010 amounts (one dollar difference for household size of 4 or more) and changed Food Stamp references to CalFresh..

63-506.5

Income and Resources Test

Updated Disaster CalFresh Income Eligibility Standards table with October 2010 amounts (Column B).  One dollar difference for household size of 4 or more.

63-650

New chapter/section:

CalFresh Forms and Desk Aids - Table of Contents

Added new chapter to include all state and county forms and notices utilized in CalFresh, and available desk aids, guides and reminders.

63-650.1

New chapter/section:

CDSS Alpha Designation of Forms and Notices

Information on what the alpha designation in forms and notices mean.

63-650.2

New chapter/section:

CDSS Forms and Notices Matrix

CDSS forms and notices matrix; availability in other languages.

63-650.3

New chapter/section

County Forms

List of CalFresh County forms.

63-650.4

New chapter/section

CalWIN Forms

List of CalFresh forms in CalWIN.

63-650.5

New chapter/section

Desk Aids, Guides and Reminders

Available CalFresh desk aids, guides and reminders.

Changes to the CalFresh Program Guide are noted with highlighted text.

 

 

 

 

Automation Impact

No impact.

 

Forms (Client Correspondence) Impact

No impact.

 

Other Programs Impact

No impact.

 

ACCESS Impact

No impact.

 

Operational Impact

No impact.

 

Quality Assurance (QA) Impact

QA will cite the appropriate error when the instructions in the Program Guide are not followed or are followed incorrectly.

 

Manager Approval

 

 

SYLVIA MELENA, Assistant Deputy Director

Self-Sufficiency Programs

Strategic Planning & Operational Support

OA