63-402_6 Authorized Representative

.Purpose

Policy

Background

Release Date:

April 21, 2020

Definitions

Requirements

Verification Docs

CALFRESH

63-402.6 Authorized Representatives

Purpose

( ) To release a new policy

( ) To release a new form

( ) To convert existing policy to new writing style only – No concept changes

( X ) Revision of existing policy and/or form(s).

The purpose of this Administrative Release is to release the revised CalFresh eligibility requirements for individuals who are designated as Authorized Representatives (AR) for households (HH) that are applying for or receiving CalFresh.

What Changed?

1. Meal providers for the homeless and federally funded applications assister agencies are not allowed to act as an AR for a HH under any circumstance.

2. Individuals who have a Durable Power of Attorney (DPA) or Conservatorships may serve as ARs for CalFresh purposes.

Note: Changes are shown highlighted in grey throughout the document.

Policy

The Head-of-HH, spouse, or any other responsible member in a CalFresh HH may designate an AR to act on behalf of the HH in filing of initial application/ recertification (RC), completing required periodic report forms, completing work registration forms, participating in the interview portion of the application/RC process, and using the Electronic Benefits Transfer (EBT) card to purchase the HH’s food.

An AR must be an individual and not an institution. Community partners, CalFresh Application Assister agencies, or other advocate agencies may not serve as ARs. Employees from certain institutions may serve as ARs. An AR may represent more than one HH. Additionally, an AR designated to apply for the HH may be different from the AR designated to use the HH’s EBT card or obtain the CalFresh benefits to purchase food or hot meals for the HH. The HH must be made aware that any benefits used by the AR will be treated as if the HH used it directly. Individuals disqualified from the CalFresh Program due to an Intentional Program Violation (IPV) may act as an AR only if no other adult/responsible member is in the HH and eligibility staff has determined that no other representative is available.

The AR may perform any of the following designated duties:

1. Apply for benefits; or

2. Use of benefits.

A single AR or multiple ARs designated by the HH will remain ARs for the duration of the certification period, unless the HH notifies the eligibility staff that they would like to remove or change the ARs. At recertification, a HH may maintain the same designated ARs or may decide to remove or change the ARs.

Drug Addiction Alcohol Treatment and Rehabilitation Centers (DAA Treatment Centers)

Residents of the DAA Treatment Centers are individuals who suffer from substance use disorders who participate in a Drug or Alcoholic Rehabilitation Program on a resident basis. They can apply for and receive CalFresh benefits on a voluntary basis, but only using an AR. Residents of DAA Treatment Centers must use an AR who is employed and designated by the DAA Treatment Center to apply for and obtain CalFresh benefits.

A qualified DAA Treatment Center must meet all of the following requirements:

·	Authorized by the United States Department of Agriculture-Food and Nutrition Services (USDA-FNS) as a retailer;
·	Qualifies for funding under Part B of Title 19 of the Public Health Services Act; and
·	Provide meals to residents to qualify as an eligible institution.

The list of USDA-FNS certified DAA Treatment Centers is located at the California Department of Social Services CalFresh Resource Center Policy Guidance page

The treatment center will receive and use the CalFresh benefits, in exchange for the food prepared and served for the resident(s) who are participating in the CalFresh Program.

A DAA Treatment Center may access benefits in several ways, including:

·	The use of resident’s Electronic Benefit Transfer (EBT) card at authorized stores;
·	The authorization of the DAA Treatment Center as a retailer with EBT access via a Point of Sale (POS) device; or
·	The use of an EBT card to access benefits in the DAA Treatment Center’s aggregate (central) EBT account loaded with combined benefits of all residents receiving CalFresh.

Note: When a DDA Treatment Center does not provide meals, residents may apply as roomers.

The DAA Treatment Center must be held responsible for any misrepresentation of facts or IPV which they knowingly commits in the certification of residents. As a retailer authorized by USDA-FNS, the DAA Treatment Center may be penalized or disqualified if it is administratively or judicially determined that benefits were misappropriated or used by the AR for puchases that did not contribute to the CalFresh HH’s melas or for misrepresenting the HH’s circumtances. The DAA Treatment Center is strictly liable for all losses or misuse of benefits and/or EBT cards held on behalf of a resident HH and for all overisuances which occu while the HH is a resident of the DAA Treatment Center. The resident HH will be held harmless for these types of overissuances.

Group Living Arrangements (GLA)

Disabled or blind individuals who are residents of a GLA may choose to apply for CalFresh on their own behalf or through an AR. The AR may be an AR of their choice or an AR employed and designated by the GLA. To be eligible for CalFresh, a resident of a GLA must be disabled or blind as defined by CalFresh policy
(MPP 63-503.481). Residents of a GLA must be evaluated by the GLA based on the individual resident’s physical and mental ability to handle his/her own affairs. If a determination is made that the resident is fit to make his/her own choices, the resident has the following options:

1. Apply for CalFresh benefits on his/her own, and the following condition applies:

·	CalFresh benefits may either be returned to the GLA to be used to purchase food for meals served either communally or individually to the resident HH or used by the resident HH to purchase and prepare food individually for their own consumption.

2. Choose an AR of his/her choice; or

3. Choose a representative from the GLA as an AR to apply on their behalf (AR must be an employee of the GLA and must have been designated by GLA center). The following conditions apply:

·	CalFresh eligibility must be determined as a one-person HH; and
·	The head of the GLA may either obtain and use the CalFresh benefits in exchange for the food prepared by and/or served to the eligible resident(s) of the center who is participating in the CalFresh Program, or allow the eligible resident to use all or any portion of the benefits on his/her own behalf.

If an employee designated by the GLA is acting as an AR for the purpose of receiving and using benefits, the GLA may purchase and prepare food to be consumed by the CalFresh resident HHs on a group basis if:

·	The resident HHs normally obtain their meals at a central location;
·	Meals are prepared at a central location for delivery to an individual resident HH member; or
·	Personalized meals are prepared and paid for with CalFresh, the GLA must ensure that the resident HH’s benefits are used only for meals intended for that resident HH.

As with DAA Treatment Centers, the GLA will be responsible for any misrepresentation of facts or IPV which they knowingly commit in the CalFresh certification of GLA resident HHs. As the AR, the individual employed and designated by the GLA must be knowledgeable about the resident HH’s circumstances and should carefully review those circumstances with the resident HH prior to applying on their behalf. The GLA is strictly liable for all losses or misuse of benefits and/or EBT cards held on behalf of resident HHs and for all overissuances which occur while the HHs are residents of the GLA. The resident HHs are held harmless for these types of overissuances.

If authorized by the USDA-FNS as a retailer, the GLA may be penalized or disqualified if it is administratively or judicially determined that benefits were misappropriated or used for purchases that did not contribute to a certified resident HH’s meals. If FNS disqualifies a GLA as an authorized food retailer, eligibility staff must suspend the GLA’s AR status for the same time period. If a GLA center has its status as an AR suspended by California Department of Social Services (CDSS), resident HHs applying on their own behalf may still participate in CalFresh Program if otherwise eligible.

Note: Residents of private for-profit GLA’s are ineligible to receive CalFresh benefits.

Background

N/A

Definitions

Requirement	Description
AR	An individual designated by the HH in writing to act on behalf of the HH.
DPA	A DPA document is signed to convey broad authority to handle affairs on behalf of another individual, including the authority to exercise control over government benefits. A DPA document is considered properly executed when it is notarized or signed by two witnesses. An individual who has been selected as a DPA may act as an AR for CalFresh if the document is completed to note this authority (government benefits). For added clarification (not required), under the ‘Special Instructions’ section, the HH may state “I authorize my agent as an AR for CalFresh.
Conservator	A court order granted to designate an individual to handle financial affairs (estate/property and/or other business affairs) on behalf of another individual who does not have the capacity to manage his or her own affairs. The level of authority of the conservatorship is detailed in the court order. A conservator may serve as an AR for CalFresh if the court order provides authority to handle government affairs.
Public/Legal Guardian	A court ordered person who has legal authority (and duty) to care for the personal and property interests of another person, called a ward. Guardianships are typically granted for incapacitated seniors, minors, or disabled individuals. The authority of the public/legal guardian might be limited to guardianship over property or estate or full authority on behalf of their ward. The level of authority is detailed on the court order. Full authority guardianship permits for AR roles under CalFresh.
GLA	A public or private nonprofit residential setting, serving no more than 16 residents, that is certified by the appropriate agency or agencies of the State under regulations issued under section 1616(e) of the Social Security Act or under standards determined by the Secretary to be comparable to standards implemented by appropriate State agencies under section 1616(e) of the Social Security Act.
DAA Treatment Centers	A residential drug addiction or alcoholic treatment and rehabilitation program under Part B of Title XIX of the Public Health Service Act conducted by a private nonprofit organization or institution or a publicly operated community mental health center.
Roomer	Roomers are individuals to whom a household provides lodging only for compensation.

Requirements

Requirement	Limit/Condition
AR Designation	An AR may be designated at initial application, recertification, or anytime during the certification period by the: 1. Head-of-HH; 2. Spouse; or 3. Any other responsible member of the HH. The designee may either be a responsible HH member or a non-HH adult member. The HH must meet the following conditions when a non-HH adult member AR applies on their behalf: 1. The AR must have been designated in writing by the Head-of-HH, spouse, or another responsible member of the HH; and 2. The AR must be an adult who is sufficiently aware of the relevant HH circumstances (e.g., HH composition, income, resource, etc.). The designation of an AR (regular or emergency) can be assigned by the following forms: 1. The form PA 1857, Authorized Representative Designation for CalFresh/Cash Benefits; 2. The form ABCDM 228, Applicant’s Authorization for Release of Information; 3. CF 285, Application for CalFresh Benefits; 4. SAWS 1, Initial Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs; 5. SAWS 2 PLUS, Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs; 6. CF 37, Recertification for CalFresh Benefits; or 7. A written statement from the Head-of-HH, the spouse, or other responsible HH member in the case, if it is signed by both the HH and the AR. The written statement must specify what functions the AR is being authorized for (i.e., use of benefits, alternate cardholder, apply on behalf of HH, etc.). 8. If an AR is designated to obtain CalFresh benefits to purchase food for the HH, the form TEMP 2201 LA, Cash Aid/CalFresh Electronic Benefits Transfer (EBT) Request for a Designated Alternate Cardholder/Authorized Representative must also be completed. Note: The forms must be provided to the participant in his/her preferred written language. When a form is needed in a language for which there is no translation, provide the participant the English version, along with the GEN 1365, Notice of Language Services.
Identity	CalFresh regulation requires that the identity of both the AR and applicant be verified in order to designate the AR. Identity may be verified through readily available documentary evidence, or if this is unavailable, through a collateral contact. Note: If identity verification for both or either the AR and the responsible HH member is not provided, existing policy regarding missing mandatory verification must be followed. When an AR is applying on behalf of a HH, the application may be denied for failure to provide identity verification for both or either the AR and the responsible HH member.
Emergency AR	A HH must be permitted to designate an emergency AR to obtain the household’s benefits for a particular month and purchase food for the HH. The signature of the emergency AR and the signature of a responsible HH member is needed to authorize the emergency AR to obtain the HH’s benefits. The designation must be made using the TEMP 2201LA, or a signed written statement from a responsible HH member, which is also signed by the emergency AR.
Restrictions	The following may not act as AR for the HH, unless the eligibility staff determines that no one else is available to serve as an AR: 1. Any eligibility staff who is involved in the process of determining eligibility for benefits or issuing benefits; 2. Employees of retailers, authorized food firms and meal services who are authorized to process CalFresh transactions; 3. An individual disqualified from the CalFresh Program for an IPV during the period of their disqualification (unless the individual is the only responsible member of the HH, and the eligibility staff has determined that no other representative is available). The following may not be allowed to act as an AR for a HH under any circumstance: 1. Meal providers for the homeless; or 2. Federally-funded applications assister agencies. Note: Federally-funded application assistor can only act as AR if he/she is performing AR duties outside of his/her CalFresh outreach-funded duties and work hours.
Disqualifications	Eligibility staff can disqualify an AR or an emergency AR from representing a HH for up to one year when evidence of the following has been obtained: 1. Misrepresentation of the HH’s circumstances. 2. Knowingly providing false information pertaining to the HH. 3. Improper use of benefits. DAA Treatment Centers and GLAs, acting as ARs that have been found guilty of the above, are not only disqualified as ARs, but rather prosecuted under the State statute on the grounds of fraud. The HH and the AR must be sent written notification 30 days prior to the disqualification. The notification must include the following: 1. The action to be taken; 2. The reason for this action; 3. The HH’s right for a State hearing; and 4. The telephone number and contact information of a district administrator.
Responsibility for Repayment of Overissuances	When a HH designates an AR, the HH is liable for any overissuance. This applies even if incorrect information is provided by the AR. When an individual employed and designated by a DAA Treatment Center or a GLA acts as an AR, the DAA treatment center or GLA is liable for any overissuance.
Supplemental Security Income and/or California State Supplementary Payment (SSI/SSP) Representative Payee	The SSI/SSP Recipient’s Representative Payee for SSI/SSP benefits may also act as their CalFresh AR. The HH must designate the representative payee as the CalFresh AR. Eligibility staff cannot assume that the SSI/SSP recipient’s representative payee is authorized by the HH to act as a CalFresh AR. The SSI/SSP recipient may also choose to designate another individual to serve as AR for CalFresh.
Power of Attorney, Conservatorship, and Guardianships	A third-party may also be authorized to apply for and/or obtain benefits via a Power of Attorney (POA), conservatorship, and guardianship. Each authorization document requires a thorough review to determine its validity and whether the specified third-party has been granted authority to apply for and/or obtain public assistance on behalf of the HH.
Institutions Acting as Authorized Representatives	Individuals employed and designated by the DAA Treatment Center/GLA must be knowledgeable about the resident HH’s circumstances and must carefully review those circumstances with resident HHs prior to applying on their behalf. The AR is responsible for notifying eligibility staff of changes in the resident HH's circumstances that are required to be reported during the certification period. The DAA Treatment Center/GLA’s ability to participate as an AR for the purpose of certification, obtaining, and using benefits on behalf of the resident HH will be suspended or discontinued if the DAA Treatment Center/GLA is disqualified as an authorized retail food store or if the resident HH leaves the DAA Treatment Center/GLA. Also, if USDA-FNS disqualifies a DAA Treatment Center/GLA as an authorized food retailer, eligibility staff must suspend the DAA Treatment Center/GLA’s AR status for the same period. Resident HHs of the DAA Treatment Center must receive adequate notice explaining the termination of AR status and when it will become effective. Note: The DAA Treatment Centers/GLAs are responsible for providing the CF 377.5A, Drug Addiction or Alcoholic Treatment and Rehabilitation Centers and Group Living Arragements: Periodic Resident Report (Attachment VI) to the CalFresh Nutrition Program (CFNP). The statement must be signed by a responsible DAA Treatment Center/ GLA official attesting to the validity of the list. The list must be provided on a monthly basis.

Verification Documents