|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
CALFRESH |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
63-402 Household Concept |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
( ) To release a new policy ( ) To release a new form ( ) To convert existing policy to new writing style only – No concept changes ( ) Revision of existing policy and/or form(s) ( X ) To release a new form writing style only – No concept changes.
What changed?
Effective June 1, 2019, Supplemental Security Income (SSI)/State Supplemental Payment (SSP) recipients are potentially eligible for CalFresh benefits and are no longer considered excluded household (HH) members.
This release provides policy guidance for HH concept under the CalFresh Program as follows:
1. HH Concept – Definitions a. Head-of-HH b. General HH Categories/Classification Guidelines 2. Mandatory CalFresh HH Members 3. Non-HH Members 4. Excluded HH Members 5. Other HH Composition Circumstances a. Boarders b. 50/50 Joint Custody c. Elderly and Disabled d. Homeless and Homeless Youth e. Convicted Drug Felons f. Fleeing Felons and Probation/Parole Violators 6. Residents of an Institution – Definition and Exceptions a. Residents of Shelters for Battered Women b. Residents of Narcotic/Drug-Alcoholic Treatment and Rehabilitation Programs c. Disabled or Blind Residents of Group Living Arrangements (GLA) d. Other eligible institutions 7. Authorized Representatives (AR)
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
CalFresh benefits are determined according to the living arrangements of each HH. A HH may be composed of any individuals who live alone or groups of individuals who live together and customarily purchase food and prepare meals together for home consumption. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
N/A |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
OPTING OUT
Any non-citizen can opt out prior to an eligibility determination. HH members must declare early in the application process which HH members are opting out and not applying for CalFresh. HH members opting out do not need to disclose their citizenship, establish their immigration status, or provide their Social Security Number (SSN). They are considered “non-applicants.” Non-applicant HH member is still required to answers questions that affect the eligibility of the “applicant” HH members, such as information on income, resources, striker status, and IPVs.
Note: CalFresh benefits must not be denied to otherwise eligible individuals simply because other HH members do not provide SSNs or citizenship/immigration information.
The income and resources of all “non-applicant” HH members must be considered when determining the HH’s eligibility and benefit level.
Opting out process usually occurs at initial application before the non-citizen provides SSN and immigration information. However, opportunity to opt out is available to noncitizens again at recertification.
Note: It is not the best interest of the HH to have an “eligible” member opt out because the individual’s income and resources are still counted to determine eligibility for the remaining HH members.
OTHER HH COMPOSITION CIRCUMSTANCES AND GUIDELINES
a. Boarders b. 50/50 Joint Custody c. Elderly and Disabled d. Homeless and Homeless Youth e. Convicted Drug Felon f. Fleeing Felons and Probation/Parole Violators
Boarders
Boarders are defined in the following categories:
1. Foster children; or 2. Individuals or a group of individuals living with the HH and make a reasonable payment for their lodging and meals. This does not include boarders of a commercial boarding house.
CalFresh policy considers a payment to be reasonable by considering the following guidelines:
* At zero net income for the appropriate number of boarders.
An individual who does not make a reasonable payment compensation for their lodging and meals must be considered as member of the HH.
Unreasonable payment compensation for housing and meals is as follows:
If the payments for lodging and meals are received separately, only the payment for the meals will be used in determining if the compensation is reasonable.
If the payments for lodging and meals are received as one, the amount considered for the meals will be evaluated as follows: 1. The entire payment only if it is equal to, or less than the monthly benefit amount; *or 2. The portion of the entire payment is equal to the monthly benefit amount.
* At zero net income for the appropriate number of boarders.
CalFresh Participation for Boarders
1. If the individual meets the definition of a boarder, then he/she is ineligible to participate in the CalFresh Program independent of the HH providing board. The boarder’s income and resources will not be available to the HH. The payment of the boarder for lodging and meals is treated as self-employment income to the HH. The boarder may participate as a member of the HH at the HH’s request, if the HH meets all the eligibility requirements for CalFresh participation.
2. If the individual does not meet the definition of a boarder, then he/she is considered as a member of the HH. In this case, the HH does not have a choice but to add this individual.
Based on the circumstances of the HH, the following criteria must be considered when an applicant/participant discloses information about a boarder in their home:
1. Does the individual meet the definition of a boarder? 2. Will this individual be considered a member of the HH based on the reported circumstances?
The following individuals are not considered boarders:
1. Children under 18 except for foster children; 2. Parents living with their natural, adopted, or stepchildren; 3. Children living with their natural, adopted, or stepparents; 4. A spouse of a member of the HH; or 5. Siblings living with natural, adopted, half, or stepbrothers or stepsisters.
Foster Care Children Boarders – Optional participation
Foster care children that are placed in the home of relatives or other individuals or families by a federal, State, or local foster care program, are considered boarders. An applicant/participant has the option of including the foster care child as a member of the HH. Any foster care income will be treated according to the choice made by the HH as follows:
Foster care children are not eligible to participate in the program as a separate HH.
50/50 Joint Custody
When a parent shares joint custody of child(ren) on a 50/50 basis, the following guidelines determine the HH composition.
Elderly and Disabled Separate HH Rule
Elderly and disabled individuals have the option of applying as a separate HH when they are unable to purchase and prepare their meals because of a disability (the disability must be considered permanent under the Social Security Act, or suffers from a non-disease related, severe, or permanent disability), even if living with others and purchase and prepare meals together. This separate case option is to be offered and allowed when the elderly and disabled individual requests it, even if this individual purchase and prepares meals together with the rest of the HH.
However, a separate HH can only granted if all the following conditions are met:
1. The individual meets the criteria for elderly and disabled under program. This disability considers them unable to purchase and prepare their own meals. 2. The income of the other HH members (excluding the spouse and children under 22 of the elderly and disabled individual) does not exceed 165% Gross Monthly Income Limit of the Federal Poverty Level (FPL).
In addition, the mandatory HH members policy must be applied when determining if separate HH status is to be granted to an elderly and disabled individual. The specifications are as follows:
1. The spouse of the elderly and disabled person must be included in the elderly and/or disabled person’s HH. 2. The elderly and disabled person cannot be a separate HH from his/her own children under 22 years of age. 3. The elderly and disabled person cannot be separate from a child under 18 years of age if the elderly and/or disabled individual is exerting parental control over the child.
A HH that contains an elderly and disabled HH member who is unable to purchase and prepare meals because he/she suffers from a disability considered permanent under the Social Security Act or non-disease related, severe, permanent disability or receives disability-based Medi-Cal/Medicare may be granted a separate HH status from other HH members with whom the individual resides.
Separate HH status under this provision must not be granted when the income of the other HH members with whom the elderly and disabled individual resides (excluding the income of the elderly and disabled individual and his or her spouse) exceeds 165% Gross Monthly Income Limit of the FPL. If the other HH member’s income exceeds the 165% Gross Monthly Income Limit, then the elderly and disabled member cannot be granted a separate HH status; therefore, all HH members must be evaluated for CalFresh eligibility as one HH.
Homeless and Homeless Youth CalFresh policy does not require individuals to have a permanent address to apply for benefits. An individual is considered homeless when they lack a fixed and regular nighttime residence or an individual whose primary nighttime residence is:
· A supervised shelter designed to provide temporary housing (such as congregate shelter or a welfare hotel). · A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized. · A separate HH may be granted to a homeless individual as long as they do not purchase and prepare meals together. · A place not designed for, nor ordinarily used, as a regular sleeping accommodation for human beings (e.g., a hallway, a bus station, a lobby, or similar places). · A temporary housing in the residence of another individual for no more than 90 days. The 90-day period begins on the date when the individual is temporary residing in the residence of another and is a CalFresh HH. If the individual moves to a new residence, a new 90-day period begins. There is no limit on the number of times an individual can be identified as homeless.
Homeless youth or youth who are not living with their parents, are not required to apply as part of their parent’s HH, regardless if the youth is under 18 but is economically self-sufficient and managing his/her own affairs and the youth is absent from the adult for significant periods of time and comes and goes without the adult’s consent.
A homeless youth temporarily seeking accommodation in the residence of an adult individual that is exhibiting parental control over the youth cannot apply as a separate HH. The homeless youth must be part of the HH providing accommodation.
It is noted, that while some homeless youth may fall under parental control of a non-parent HH member, other homeless youth may not. If not under parental control of the HH providing temporary accommodation, then the homeless youth can apply as a separate HH.
Convicted Drug Felon
Effective April 1, 2015, drug felons are eligible to receive CalFresh benefits.
An individual who has been convicted in a State or federal court of a felony that has an element of transporting, importing into the State, selling, furnishing, administering, giving away, possessing for sale, purchasing for the purposes of sale, manufacturing a controlled substance, possessing precursors with the intent to manufacture a controlled substance, or cultivating, harvesting, or processing marijuana, as well as, unlawfully solicit, induce, encourage, or intimidate a minor to participate in any of these activities. The conviction must be made after August 12, 1996. Fleeing Felons and Probation/Parole Violators On December 1, 2015, individual with a fleeing felon warrant and probation/parole violators may be eligible for CalFresh benefits based on the policy that includes new definitions set forth by USDA-FNS. CalFresh recipients appearing on the AB 109 probation listing will no longer be forwarded to the district office for disqualification. The warrants will be reviewed and processed by WFP&I as these individuals also appear on the FFM report.
The Fleeing Felons or probation/parole violators that do not fall under the new definitions will continue to be ineligible for CalFresh benefits and are to be treated as excluded HH members.
Residents of an Institution
Individuals are considered residents of an institution when they are provided with most of their meals, as part of the institution’s normal services. Such individuals are not eligible to participate in the program. Some examples of these institutions are as follows:
1. Commercial Boarding Houses; 2. Jail; 3. Nursing Home/Long Term Care; 4. Campus housing when meals are provided; or 5. Hospital Acute Hospital Care.
Exceptions
The following categories are exceptions to the institution rule. Individuals living in these facilities will be considered eligible for CalFresh benefits, even if these facilities provide meals to its residents when all other requirements are met.
Residents of Shelters for Battered Women
A woman, with or without children, temporarily residing in a shelter for battered women and children may apply for benefits on her own behalf or may also have the shelter apply as her AR.
A qualified shelter may:
· Have a USDA-FNS authorization as a retail food store; · Accept CalFresh benefits from residents for payment for meals prepared by the shelter; · Redeem benefits at retailers as an AR; or · Allow its residents to use the benefits to purchase their food and prepare their own meals.
Shelter residents who were included in the CalFresh HH of an abuser from whom they recently fled to come to the shelter must complete a new application and apply as a separate HH.
Residents who are applying for CalFresh must be certified solely on the basis of the income and expenses for which they are responsible on the date of application and their resource level as of the date of the interview. The income, resources, and expenses of their former HH are not considered available to the residents and resources held jointly with member(s) of their former HH is considered inaccessible.
In addition, when an applicant/participant discloses that he/she is a domestic violence (DV) victim who escaped from an abusive relationship and who is living in a DV shelter, he/she may receive an additional benefit allotment as a separate HH, for the current issuance month under a different case number, provided that they meet all other eligibility requirements. This population is deferred from participating in the CalFresh Employment and Training Program. A new Electronic Benefits Transfer (EBT) card must be issued to the HH. Safety is of utmost importance for the DV victim, as a result, the address must be accurate and confidential to protect the safety of the DV victim and his/her children.
Disabled or Blind Individuals who are Residents of GLA Institutions
Residents of the GLA institutions (a public or private nonprofit residential setting with 16 or less residents) are disabled/blind Social Security recipients individuals who may choose to apply for CalFresh on their own or through an AR. The resident can choose their own AR or an GLA employee designated by the institution. Eligible residents must be evaluated by the GLA based on the individual resident’s physical and mental ability to handle his/her own affairs.
Note: Please refer to Administrative Release 5830, 63-402.6 Authorized Representative for detailed policy and procedures.
Residents of Drug Addition or Alcohol (DAA) Treatment and Rehabilitation Centers
These 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 employed and designated by the DAA Treatment Center. The Center must apply for and obtain the benefits for the residents.
A qualified DAA Treatment Center must meet all the following requirements:
· Authorized by the USDA-FNS as a retailer; · Qualifies for funding under Part B of Title 19 of the Public Health Service Act; and · Provide meals to residents to qualify as an eligible institution.
Responsibilities of DAA Treatment Center
The DAA Treatment Center will receive and use the participant’s benefits when he/she is admitted. The DAA Treatment Center must be held responsible for any misrepresentation of facts or IPV which they knowingly commit in the certification of residents. As a retailer authorized by USDA-FNS, the center may be penalized or disqualified if it is administratively or judicially determined that benefits were misappropriated or used by the AR for purchases that did not contribute to the HH’s meals or for misrepresenting the HH’s circumstances. The center is liable for all losses or misuse of benefits and/or EBT cards held on behalf of a resident HH and for all over issuances which occur while the HH is a resident of the center. The resident HH will be held harmless for these types of over issuances.
Note: Please refer to Administrative Release 5830, 63-402.6 Authorized Representative for detailed policy and procedures.
Other Eligible Institutions
Residents of any Federally Subsidized Housing for the Elderly and/or Disabled
These institutions can either be public or private nonprofit establishments approved by the USDA-FNS to prepare and serve meals for elderly and/or for disabled individuals and their spouses. They also provide federally subsidized housing for these individuals.
Residents of Foster Family Settings
These individuals are to be considered as members of the HH providing the foster care. For purposes of CalFresh eligibility, foster family settings will include any facility licensed to provide foster care.
Residents of Public or Private Non-Profit Shelters for Homeless
These are individuals living in public or private non-profit establishments that feed the homeless.
A qualified shelter may:
· Have an FNS authorization as a retail food store; · Accept benefits from residents for payment for meals prepared by the shelter; · Redeem benefits at retailers as the AR; or · Allow its residents use benefits to purchase their food and prepare their own meals. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
All eligibility requirements must be verified, including the identity of both the applicant and the AR. |