.Purpose

Policy

Background

Release Date:

January 11, 2021

Definitions

Requirements

Verification Docs

CALFRESH

63-402 Household Concept  

Purpose

(    ) 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)

 

Policy

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.

Background

N/A

Definitions

Term

Description

HH

An individual living alone or a group of individuals living together and customarily purchasing food and preparing meals together for home consumption.

Living Together

When individuals or groups of individuals live in the same residence or on the same parcel of land; ordinarily using the same kitchen, bathroom, or sleeping areas; and having access to other commonly used rooms, such as the living room, dining room, etc.

Purchasing and Preparing Meals Together

When members of the HH who live together regularly purchase foods and prepare meals for home consumption. 

Homeless

An individual/HH who lacks a fixed and regular nighttime residence or an individual/HH whose primary nighttime residence is:

 

·         A supervised publicly or privately-operated shelter (including a hotel or congregate shelter) designed to provide temporary living accommodations.

·         A halfway house or similar institution that provides a temporary residence for individuals.

·         Temporary accommodation for not more than 90 days in the residence of another individual.

·         A public or private place not designed for, or ordinarily used as, regular sleeping accommodation for human beings (e.g., hallway, bus station, lobby, vehicle, or similar places).

Parental Control Guidelines

 

Parental control must be evaluated only when a minor lives with an adult who is not their natural, adopted, or stepparent.

 

A minor child is not considered under parental control

of an individual with whom he/she lives with if:

 

  • The minor has entered a valid marriage.

  • Is on active duty in any branch of the United States (U.S.) armed forces; or

  • Has been emancipated by court order.

 

If none of the above applies, then the following should be considered in determining if a minor can apply for CalFresh on his/her own:

 

  • The minor child is economically self-supporting and managing his/her affairs;

  • The proximity of the minor to the age of 18; and

  • Whether the minor is absent from the adult with whom he/she is residing for significant periods and comes and goes without the adult’s consent.

 

Spouse

 

Either of two individuals who would be defined as married to each other under applicable State law or who are cohabitating and are holding themselves out to the community as husband and wife by representing themselves as such to relatives, friends, neighbors, or tradespeople.

 

Note:  The concept of “cohabitating and holding themselves out to the community as husband and wife” does not apply to the same sex relationships/marriages.

Controlled Substance

A drug or other substance, or immediate precursor.  This term does not include distilled spirits, wine, malt beverages, or tobacco.

Government-recognized Drug Treatment Program

A program licensed, certified, or funded by a local government entity or a program in which a government court entity has directed the individual to participate in.  Sober Living Environment (SLE) group living facilities emphasizing “Clean and Sober” living must also be considered government-recognized programs or proof that drug use has ceased.

Fleeing Felon

An individual is considered a fleeing felon when all the following applies:

 

·         The individual has an active warrant for arrest;

·         The individual must be fleeing to avoid prosecution, custody, or confinement after being convicted of committing crime, or attempting to commit crime that is a felony under the law; and

·         It is not required that the individual have knowledge of such warrant.

Furthermore, an individual is considered a fleeing felon when a federal, State, or local law enforcement agency presents an outstanding felony arrest warrant, or when the warrant information is discovered from the Fleeing Felon Match (FFM) report.  The warrant information must conform to the following specific National Crime Information Center (NCIC) Uniform Offense Classification Codes:

Ø  4901 - Escape;

Ø  4999 - Flight-Escape; or

Ø  4902 - Flight to Avoid (prosecution, confinement, etc.).

Note:  Please refer to 63-402.22 Fleeing Felons and probation/Parole violators for detailed policy and procedures.

Probation or Parole Violators

An individual who violates the conditions of his/her probation or parole imposed under the federal or State law.  The decision for this violation must be made by an impartial party, such as a judge or an officially sanctioned tribunal.

 

Probation or Parole violators sets the following specification:

 

·         The law enforcement authorities must be actively seeking the probation/parole violator to enforce the conditions of the individual’s probation/parole violation.

 

Note:  The actual assessment of the individual’s meeting the required criteria will continue to be the responsibility of Welfare Fraud Prevention and Investigation (WFP&I) Section.  WFP&I will then notify the district office via the WFP&I, 369 Fleeing Felon Case Identification Information form to make the final eligibility determination and to update the system accordingly.

Commercial Boarding House

An establishment licensed as an enterprise which offers meals and lodging for compensation and profit.  In a county without licensing requirements, a commercial boarding house must be defined as a commercial establishment which offers meals and lodging for compensation with intent of making a profit.  The number of boarders living in a boarding house must not be used to determine if a boarding house is a commercial enterprise.  Residents of commercial boarding houses are considered residents of an institution and ineligible for CalFresh benefits.

 

Group Living Arrangement (GLA)

A public or private nonprofit residential setting, serving no more than sixteen residents, that is licensed by the California Department of Social Services (CDSS).  A resident of such group living arrangements must be blind or disabled and receiving benefits under Title II (Retirement, Survivors, Disability Insurance benefits) or Title XVI (SSI) of the Social Security Act. 

Note:  Residents of private for-profit GLAs are ineligible to receive CalFresh benefits.  Please refer to Administrative Release 5489 Supp I, 63-402.4 Residents of Institutions for detailed policy and procedures.

50/50 Joint Custody

Two parents from separate HHs sharing in the caregiving responsibilities of their child(ren).  The children spend the same amount of time in the care of each parent.  Both parents have equal stake in making decisions about the child’s welfare, education, health care, and religion.

Adult Child

A child who is at least 18 years of age, but less than 22, living with his/her natural, adopted or stepparent.

Authorized Representative (AR)

An individual designated by the HH in writing to act on behalf of the HH.   An AR may be designated by the following:

 

·         The Head-of-HH;

·         Spouse; or

·         Any other responsible member of the HH.

 

Note:  Please refer to Administrative Release 5830, 63-402.6 Authorized Representative for detailed policy and procedures.

Requirements

Requirement

Limit/Condition

Head-of-HH

An individual that is designated as a responsible HH member of the HH, such as the applicant.  The Head-of-HH may designate an AR to act on behalf of the HH.

General HH Categories/
Classification Guidelines

 

The following are guidelines for HH categories and classifications for purposes of CalFresh Program eligibility:

 

HH Description

HH Classification

1. An individual living alone or group of individuals who purchase and prepare meals together

Same HH

2. Spouse of a member of the HH who is living in the same HH

Same HH

3. Children under 18 who live with the applicant HH and are under their parental control (this excludes foster care children who may be excluded from the HH as boarders if the HH chooses to)

Same HH

4. Homeless youth who are not under parental control of anyone and not living with their parents

Their own separate HH may be granted

5. Individuals under age 22 living with their natural, adopted, or stepparent(s), regardless if:

 

a.    They purchase and prepare their meals separately from their parent(s);

b.    That individual is married and living with their spouse; and

c.    That individual has his/her own children living with him/her.

Same HH

6. Parents living with their natural, adopted or stepchild(ren) under 22

Same HH

7. A boarder

Same HH

8. Children of an individual who has substance abuse disorder who resides at a treatment center

Same HH

9. A woman or women with child(ren)who are temporary residents of a shelter for battered women and/or children

Same HH

10. Drug Felons

Same HH

11. Excluded HH members

Same HH

12. Elderly and Disabled HHs

Their own separate
HH may be granted

13. All other Individuals who purchase
and prepare meals separately not including “Mandatory CalFresh HH Members” as explained in the following section

Separate HH

14. Roomers

Separate HH

15. Live-in-attendants

Separate HH

16. Non-HH members

Separate HH

Mandatory CalFresh
HH Members

Children under 22 years of age:

Children under 22 living with their natural, adopted, or stepparents (or vice versa) may not be granted a separate HH, despite any of the following:

  • Child is currently married;

  • Child was once married but returns to his/her parents;

  • The child was once in the military but is now back with his/her parents;

  • The child was emancipated but returns to his/her parents; or

  • Child is purchasing and preparing meals separately from the parent.

The parental control criteria exceptions do not apply to children under 22 living with his/her parents.  Parental control is exerted by default to a child under 22 living with his/her parents.

Exception:  Child(ren) who is participating in the other parent’s HH, as it is in the case of 50/50 joint custody cases.

An applicant under age 22, who applies for CalFresh benefits and lives with his/her parents, must not be automatically denied because he/she is living with a parent.  The option needs to be given to the applicant to add his/her parent(s) to the application.

 

Children under 18 years of age not living with their parents:

A child under 18 living with and under the parental control of an individual (other than his/her parent), may not be granted a separate HH.

Spouses

Spouses must always be one HH. 

If one or both spouses are residents of a United States Department of Agriculture-Food and Nutrition Service (USDA-FNS) approved drug/alcoholic treatment center, special rules apply.

Supplemental Security Income/Supplemental Security Payment (SSI/SSP) Recipients

Effective June 1, 2019, SSI/SSP recipients, whether on suspended status or not, are potentially eligible for CalFresh benefits and are no longer considered excluded HH members.

Non-HH Members

 

Some individuals are not considered as HH members, when it comes to including them for purposes of determining HH size, eligibility, or benefit level, even if they live with the applicant HH.  These non-HH members, if otherwise eligible, may participate in the CalFresh Program as a separate HH.

 

The list for non-HH members is categorized in the following sections:

 

  • Roomers

  • Live-in-Attendants

  • All Other Individuals

 

Roomers

 

Roomers are described as individuals to whom the applicant/participant HH provides housing, but not meals for compensation.  Individuals who live in an institution that does not provide meals is also considered a roomer.

 

Live-in-Attendants

These are individuals who live with the applicant/participant HH with the purpose of providing medical, housekeeping, childcare, or other similar personal services.

 

All other individuals

Any other individual who lives in the residence with the HH but does not customarily purchase and prepare meals with the HH.  This excludes individuals that are mandated to participate in the HH as described in the Mandatory CalFresh HH Members Section.

Excluded HH Members

 

Excluded HH members are individuals who live in the HH but are ineligible members of the HH.  These individuals will be excluded for purposes of determining HH size, eligibility, and benefit level.  The income and resources of excluded HH members have special treatment.  The excluded HH members are not to be granted separate HH status.

 

Below is the list of the Excluded HH members and its brief descriptions of each category:

 

1.    Ineligible Noncitizens

2.    Social Security Number (SSN) Disqualified

3.    Intentional Program Violators (IPV)

4.    Workfare and Work Requirements Sanctioned Individuals

5.    Ineligible Students

6.    Strikers

 

Ineligible Noncitizens

 

Individuals who do not meet citizenship or eligible non-citizen status.

 

SSN Disqualified

 

Individuals that have been disqualified for refusal or failure, without a good cause, to provide or obtain an SSN.

 

Intentional Program Violators (IPV)

 

Individuals found to have committed an IPV either through an Administrative Disqualification Hearing (ADH) or by a court of appropriate jurisdiction, or individuals accused of IPV who have signed an ADH Waiver or a Disqualification Consent Agreement in cases referred for prosecution are ineligible to receive CalFresh benefits.

 

Note:  Please refer to Administrative Release 5816, 63-805 Intentional Program Violation for detailed policy and procedures.

 

Workfare Sanctioned and Work Requirements Sanctioned Individuals

 

Individuals who are sanctioned for failing to comply with the work requirements or a Workfare Program.

 

Note:  Per MPP 63-407.1, all members of a CalFresh HH between the ages of 16 and 59 who are able to work and are not employed or not registered with Workfare Program must be registered for employment or workfare.

 

Ineligible Students

 

Individuals who are enrolled in an institution of higher education at least half-time and do not meet the student eligibility criteria are considered ineligible for CalFresh benefits and should be treated as excluded HH members. 

 

Strikers

An individual who participates in a strike or started the stoppage of work by other employees, or any other slowdown or interruption of operations by employees, is considered a striker.

 

The following individuals are not considered strikers:

1.  Employees whose employer has closed the working premises to resist the demands of other employees, such as in a lockout.

2.   Employees who are unable to work because of the other striking employees.

3.   Employees who do not want to cross a picket line due to fear of personal injury or death.

4.   Individuals that are exempt from Work Registration on the day prior to the strike (not counting those that are exempt only because they are employed).

5.   Employees whose employers have hired permanent replacements for the striking employee’s jobs (offers of employment do not count, as this is not a final decision).

 

HHs with striking members are ineligible to participate in the CalFresh Program.  However, if the HH is found eligible on the date of application and one day before being involved in the strike, the HH is eligible to participate in the CalFresh Program.   

 

If this is the case, the HH’s income, prior to the strike, must be verified at the time of application.  If the member is expecting to receive income during the strike, this income will also be considered into the eligibility determination.  For approved cases, the HH’s benefit amount is not to be increased because of decreased income due to the strike.

 

Eligibility staff must determine eligibility in two separate ways:

 

·         To determine pre-strike eligibility, consider the day prior to the HH member’s involvement in the strike as the day of interview and assume the strike did not occur.

·         To determine eligibility, compare the striking member’s income before the strike to the striker’s income which can be anticipated with reasonable certainty during the strike.  The higher of the two amounts must be added to the income of the non-striking member during the month of application.

 

Note:  Eligibility staff must not take any actions on an approved case with strikers.  HH must not receive an increased benefit as the result of a decrease in the income of the striking member(s) of the HH.

 

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:

 

If

Then

The boarder receives housing
and:

 

a)   More than two meals per day

The boarder must pay an amount which equals or exceeds the full monthly benefit allotment.  *

 

 

The boarder receives housing
and either:

 

a)   Two meals; or

b)   Less than two
meals.

The boarder must pay an amount which equals or exceeds two-thirds of the monthly benefit allotment.  *

 

 

* 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:

 

When…

But…

Then…

1.    The boarder receives housing; and

 

2.    Two meals
per day.

The boarder pays an amount which is less than the monthly benefit allotment

The boarder will be considered a member of the HH if the HH chooses to add him/her.

 

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?

 

If …

Then …

Individual is a boarder

The HH has the option of including this individual in
their case.

 

If …

Then …

The HH chooses
to add the boarder to their case

The boarder’s income and resources will be considered available to the HH in their entirety and the boarder payment is disregarded.

The HH chooses not to add the boarder to their case

a)   The boarder is ineligible to the benefits;

b)   The boarder’s oncome and resources will not be considered available to the HH; and

c)   The boarder’s payment is to be treated as self-employment income to the HH.

Individual is not a boarder

1.    The individual will be considered a member of the HH; and

2.    The individual’s income and resources will be considered available to the HH.

 

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:

If …

Then …

The HH decides to
include the foster care
child on their case

1.  The child will be treated as a HH member;

2.  The child will be taken into account when determining the HH’s eligibility
and benefit level; and

3.  The foster care payment will be
counted as unearned income in its entirety. 

The HH decides not to include the foster care
child on their case

1.  The child will be treated as an excluded HH member; and

2.  The foster care payment will not be considered as income to the HH.

 

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.

 

If …

Then …

It can be established that the child eats more meals with one parent than the other parent

The child may participate with the parent providing the majority of the meals.

The child eats the same number of meals with each parent

The child may participate with the first parent who applies (unless both parents mutually agree otherwise).

Both parents agree with whom the child will participate

The child will be placed in a case with that parent, regardless of where most of the meals are served to this child.

 

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.

Verification Documents

All eligibility requirements must be verified, including the identity of both the applicant and the AR.