.Purpose

Policy

Background

Release Date:

January 12, 2023

Definitions

Requirements

Verification Docs

Definition

Description

 Disaster

A natural or man-made event, such as (but not limited to) a hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, or regardless of cause, any fire, flood, or explosion.

Major Disaster

This type of disaster, which is declared by the President of the United States, causes the damage of sufficient severity and magnitude, which may disrupt the commercial channels of food distribution.

Lesser Disaster

This type of disaster has not been declared a major disaster but is severe enough to have disrupted commercial channels of food distribution and affected a sufficient number of HHs for which the regular CalFresh Program cannot respond to immediate temporary food needs.

Individual Assistance

Assistance to individuals and HHs that may include:

1.    Crisis Counseling Program;

2.    Disaster Case Management;

3.    Disaster Unemployment Assistance;

4.    Disaster Legal Services; or

5.    Disaster CalFresh Program.

Application Period

The period in which HHs impacted by a disaster file a
D-CalFresh application. The length of the application period is set and approved by FNS.

Benefit Period

The period that begins on the date of the disaster or any mandatory evacuation before a disaster. This date is generally the first day of the "Incident Period" provided by the Presidential disaster declaration. FNS approves the D-CalFresh benefit period, which is 30 calendar days, except under certain extraordinary circumstances.

Income (Total Take-Home Pay)

The total net income the HH members received during the disaster benefit period. It includes:

1.     Wages a HH receives after all payroll withholding (including any automatic deductions from gross pay, such as taxes, insurance premiums, contributions to 401(k) or other inaccessible accounts, automatic payments to creditors, etc.);

2.     Public assistance payments or other unearned income; or

3.     Net self-employment income.

Accessible Liquid Resources

Accessible cash funds, checking, and/or savings accounts during the benefit period. This resource should be available to the HH on the first day of the disaster.

Inaccessible Liquid

Resources

Inaccessible liquid resources, such as a bank branch closed or delayed receipt of income due to disaster for a substantial portion of the benefit period.

Disruption

The condition that is caused by one or more of the following:

1.     Community transportation to retail and wholesale food outlet is severely hampered;

2.     Closing of retail and wholesale food outlets;

3.     Delivery of commodities to food outlets is significantly hampered;

4.     Restriction on normal operating hours of food outlets, which significantly limits opportunities for food purchase;

5.     Normal opportunities to purchase food are hampered significantly due to unusually heavy demand on food outlets from HHs replacing food supplies that are damaged or destroyed by the disaster; and/or

6.     A power failure that significantly restricts food outlet operations.

Disaster Relief Agency

A public or private agency that has been designated by the county agency and authorized by FNS to perform specified functions related to certification for, and distribution of, emergency benefit allotment during the disaster benefit period.

DGIL

The maximum gross income limit by HH size for D-CalFresh assistance. Unlike regular CalFresh, which includes separate tests for income and resources, D-CalFresh groups income and resources together under one test.

Disaster Benefit Period

The budgeting period for D-CalFresh benefits (is generally 30 days).

Maximum Disaster Benefit

An allotment equal to the maximum monthly allotment established for the regular CalFresh Program for the appropriate HH size.

Supplemental Disaster Benefits

Additional benefits issued to existing CalFresh participants. The supplement is the difference between the HH's current monthly CalFresh allotment and the applicable maximum monthly allotment for HH size.

Disaster-Related Expenses

Expenses that the HH has paid or expects to pay out-of-pocket during the disaster benefit period. Expenses for which the HH does not expect to receive full reimbursement during the disaster benefit period.

The following expenses are considered disaster-related:

1.     Expenses to repair damage to the HH's home/other property necessary for employment or self-employment of a HH member;

2.     Temporary shelter expenses if the home is uninhabitable or the HH cannot reach the home;

3.     Expenses for moving out of the area which was evacuated due to disaster;

4.     Expenses related to the protection of a home or business from disaster damage;

5.     Medical expenses for a disaster-related injury that occurred to a HH member at the time of the disaster, including funeral and burial expenses in the event of death;

6.     Disaster-related pet boarding fee;      

7.     Expenses related to replacing necessary personal and HH items, such as clothing, appliances, tools, and educational materials;

8.     Fuel used for HH's primary heating source;

9.     Expenses for purchasing clean-up items;

10.    The expense of repairing a vehicle that was damaged due to a disaster;

11.    Storage expenses; and

12.    Food lost or spoiled due to a disaster or extended power outage.

Note:  Only the net expense is deductible if the HH has received or anticipates receiving reimbursement for expenses during the disaster benefit period. 

Requirement

Limit/Condition

Non-Disaster CalFresh Assistance with No Declaration of Individual Assistance

Certain emergency assistance services are provided, and waiver requests are submitted by the State to FNS to assist ongoing HHs impacted by a disaster:

Benefit Replacement

HHs that request CalFresh replacement benefits via a CF 303 Replacement Affidavit must:

1.     Have experienced a loss of food purchased with CalFresh benefits;

2.     Request the individual replacement by completing the

CF 303 within ten calendar days of the misfortune, unless the State requests a Timely Reporting Waiver; and

3.     Request the individual CalFresh replacement via in person, online, fax, mail, drop box, or by telephone (CalFresh form telephonic signature script may be utilized by eligibility staff).

Timely Reporting Waiver

This waiver extends the ten-day timeframe in which CalFresh HHs must report the loss of food purchased with their benefits and request replacement benefits. 

Note:  If the county agency receives individual affidavits after the tenth day of the disaster, no benefits are replaced.

Automatic/Mass Replacement Waiver

This waiver allows the replacement of a certain portion or

percentage of a HH's CalFresh benefit without the need for the

impacted HH to submit an individual request for replacement at a local district office. The replacement amount is determined by the time the disaster occurred, the issuance schedule, and the type of disaster. The benefits are added automatically to the HH Electronic Benefits Transfer (EBT) card account. 

Two criteria must be met before mass replacements can be issued:

1.     At least 50% of all HHs in the disaster-impacted area (county, zip code, parish, etc.) must have sustained damage that led to food loss; and

2.     Extended power outages for four hours or more must have affected most of the population of the disaster-impacted area.

The power outage data can be in the form of charts, letters from the local power companies, and/or other documentation that substantiates the power outage for four or more hours in the defined disaster area.

The amount of mass replacement a HH receives depends on the scope of the disaster and if the majority of the HHs in a disaster area were impacted. 

The amount replaced on an automatic basis cannot exceed a HH's current monthly CalFresh allotment.

Eligibility Criteria

To be eligible for emergency D-CalFresh benefits, a HH must have been affected by the disaster and meet the definition of a "HH" on the date of the application. The HH must:

1.     Have been residing or working within the geographical boundaries of the disaster at the time the disaster struck.

2.     Have experienced one of the following adverse effects due to a disaster:

a)    Loss of or inaccessibility to income, which involves a reduction or termination of income, or a significant delay in receipt of income.

b)    Inaccessibility to liquid resources, which includes situations where a financial institution holds a HH's liquid resources and is expected to close due to the disaster for most of the disaster benefit period, or the HH is otherwise unable to reach its cash resources and is not expected to be able to reach its resources for most of the disaster benefit period.

c)    Out-of-pocket disaster-related expenses paid (not only incurred) for which the reimbursements are not expected to be received during the 30-day benefit period.

d)    Food loss due to disaster or spoiled due to power outage.

3.     Be purchasing or planning to purchase and prepare food during the authorized disaster benefit period. A HH residing in a temporary shelter that provides all meals during the disaster benefit period is ineligible for D-CalFresh assistance.

4.     Have received total take-home income (or expected to be received) during the disaster benefit period when wages, unearned income, cash-on-hand, and/or all other accessible liquid resources are added, and disaster-related expenses (unreimbursed disaster-related expenses paid or anticipated to be paid out-of-pocket during the disaster benefit period) are deducted, that is less than or equal to the Disaster Gross Income Limits. FNS determines and provides an annual table of maximum disaster income limits by HH size. 

Disaster CalFresh Gross Income Limits and Allotments for Federal Fiscal Year (FFY) 2022-23

Identity

The identity of the Head-of-HH must be verified through documentary evidence or collateral contact at the time of the disaster.

Residency

Living (or working) in a geographical area impacted by the disaster. If possible, need to verify the residency or employment in the disaster area.

SSN

The SSN provision is NOT mandatory for D-CalFresh approval. The county agency may request SSN, but the application cannot be denied for failure to provide SSN.

HH Composition

Individuals who purchase and prepare food together at the time of a disaster. A disaster HH does not include those with whom applicants/participants temporarily stay due to the disaster (e.g., guests staying with the HH at the time of the disaster). HH composition is established as of the date of the disaster.

Liquid Resources

A separate liquid resource test is not applicable.

Modified Categorical Eligibility (MCE) in the regular CalFresh Program (wherein the CalFresh HHs resources are excluded when determining CalFresh eligibility) does not apply to the D-CalFresh Program.  

Liquid resources (including cash on hand and all checking and savings accounts) that are accessible, including income, are added together to determine gross income for D-CalFresh.  Verification of liquid resources is required if possible. However, the following liquid resources are not counted:

1.     Individual Retirement Accounts;

2.     Payments from disaster insurance;

3.     Payments received or expected to be received from disaster assistance during the benefit period;

4.     Payments from federal, State, or local agencies (e.g., Social Security benefits, Unemployment Insurance Benefits, General Relief, etc.); and

5.     Payments from disaster assistance organizations.

Factors Not Considered

D-CalFresh is available to individuals who would normally be ineligible for CalFresh if they meet the D-CalFresh criteria. 

The following factors are not considered for D-CalFresh eligibility determination:

1.     Intentional Program Violator (IPV);

2.     Ineligible Non-citizen Status;

3.     Student;

4.     Striker; and

5.     Work Requirement.

D-CalFresh vs. Regular CalFresh

Below is a comparison chart of D-CalFresh and regular CalFresh programs:

Supplemental D-CalFresh

Supplemental D-CalFresh brings ongoing CalFresh HHs impacted by the disaster up to the maximum allotment for the HH size. Ongoing CalFresh HHs do not need to complete a D-CalFresh application or complete the D-CalFresh interview to receive supplemental benefits. This also applies to Supplemental Nutrition Benefit (SNB) HHs receiving ongoing CalFresh benefits.

Note:  Transitional CalFresh HHs are not eligible for supplemental D-CalFresh benefits. However, due to the reversal of the SSI/SSP Cash-Out policy effective June 2019, Transitional Nutrition Benefit (TNB) HHs that will not receive a maximum monthly allotment for the HH size may be eligible for supplemental D-CalFresh and/or replacement, if otherwise eligible. TNB HHs will be treated as ongoing CalFresh HHs.

1. Automatic D-CalFresh Supplement

Automatic supplements are based on data indicating the majority of HHs in specific zip codes were affected by the disaster, including zip code areas identified where they had mandatory evacuation orders within their boundaries. 

The County agency issues supplemental benefits to HHs who already received CalFresh benefits and resided within the identified zip codes. In addition, HHs who did not receive the maximum CalFresh allotment for their HH size during the disaster benefit period will receive the difference as a supplemental benefit.

Ongoing CalFresh HHs who did not receive automatic issuance but live in the disaster area and experienced disaster losses may still request supplemental benefits via the CF 303. These HHs must complete the form within ten calendar days of the disaster unless the Timely Reporting Waiver is approved. The HHs may also complete CF 303 via telephone (telephonic signature script for generic CF 303 form).

Note:  California Food Assistance Program (CFAP) HHs will also be included in the automatic supplemental D-CalFresh issuance.

2. Individual D-CalFresh Supplement

Individual D-CalFresh is based on HH's request. HH that is excluded from the automatic supplemental D-CalFresh can individually request supplemental D-CalFresh. These HHs include homeless HHs and HHs who work in the impacted zip codes but live elsewhere.

Evacuee Policy Under
D-CalFresh

State/County agencies can only serve their residents through
D-CalFresh. However, in large disasters where affected families may have temporarily relocated to other States, FNS may approve various options under D-CalFresh. For example, the Evacuee Policy was developed by FNS in the wake of a disaster, such as Hurricane Katrina.

Below is the Evacuee Policy for the county agencies to follow:

Eligibility

1.     The affected families must have been evacuated from a federally declared disaster area in another State(s). Such evacuation is considered evidence of experiencing a disaster-related adverse effect.

2.     The applicant must list all members requesting to receive evacuee benefits and provide their SSN, if available.

3.     The HH must attest under penalty of perjury that its available income and liquid assets, after considering disaster-related expenses, do not exceed the disaster income guidelines for its HH size. The HH must also attest that it is not currently receiving regular CalFresh,
D-CalFresh, or other benefits under the Evacuee Policy.

HH Composition

1.     The HH's statement about its current evacuee HH size to determine the benefit allotment is acceptable. The evacuee HH is any group of persons evacuated from the disaster who take shelter together.

2.     The County agency will treat the evacuee HH as a separate HH from any non-evacuee persons sheltering them, even if they purchase and prepare meals with others, if applicable.

Verification

1.     The County agency must verify every applicant's identity.

2.     HH's residency on the day of the disaster must be verified when possible.

Benefit Allotment

1.     Evacuee HHs will receive the maximum allotment for their HH size.

2.     Benefits will not be prorated based on the date of application.

3.     HHs will receive one month's allotment under the Evacuee Policy.

Duplicate Participation

The County agency must check for duplicate participation by contacting the evacuees' home State before issuing benefits.  

Reporting

1.     The County agency must identify the benefits issued to evacuees as disaster benefits;

2.     The State/County agency must report to FNS the number of persons and HHs served, and the number of benefits issued weekly; and

3.     The State agency must submit a final report to FNS at the end of the evacuee program period.

Other Disaster Waivers Under Presidential Declaration with Individual Assistance (IA)

Certain disaster assistance waivers handled by FNS can be utilized to assist ongoing HHs impacted by the disaster, either instead of or in addition to D-CalFresh.

Hot Foods Waiver (IA Declaration Required)

This waives the mandate in the Food Stamp Act of 1977 that hot food purchases with CalFresh benefits are ineligible. Under this waiver, retail food stores licensed by FNS in designated disaster areas can accept CalFresh benefits from participants in exchange for hot foods. In addition, no sales tax can be charged during the effective period. This waiver can be requested on a statewide or county-by-county basis. FNS notifies the Hot Foods Waiver approval of retail food stores via email, telephone, and text messages. In addition, a hot foods notice is posted on the FNS website, and FNS shares this notice with the California Department of Social Services (CDSS) and retailer associations.

The waiver may be extended to areas beyond those that received disaster declaration if HHs that lived in the disaster area have been displaced or temporarily relocated to other parts of the county or State.

Key-Entered Transactions

This waiver exempts the requirement that an EBT card is present during a key-entered transaction. Therefore, displaced residents in the disaster areas can shop without their EBT cards, but they will need to know their cards and PINs. This is an extremely rare waiver and may only be approved in cases of extreme devastation.

Early Issuance

This waiver allows the County agency to issue monthly benefits early, countywide (i.e., issuance of two months' worth of benefits in one month).

Expungement of Disaster Benefits (IA Declaration Required)

Federal EBT regulations require that the State (or County agency) expunges benefits that a HH has not accessed for more than nine months (274 days). This waiver, however, allows disaster CalFresh benefits to be expunged from a HH's account after 90 days of inactivity.

Stand-In Process

Federal EBT rule holds retailers liable for EBT purchases not authorized at the time of purchase. This waiver allows FNS to accept this liability, up to a certain established limit, per transaction, per retailer, per day, and per EBT client. If the EBT client has insufficient funds in his/her account to cover the transaction, FNS will reimburse the store up to the designated dollar amount once the store obtains authorization.

Note:  This is a rare waiver and will only be approved in cases of extreme disaster when power and telephones are out and will be non-operational for a significant amount of time.

Increased Voucher Processing Time (Optional)

The State may take an optional measure to increase retailers' standard manual voucher processing time from 30 calendar days to 60 calendar days if the EBT system is inoperable due to a massive power outage. Therefore, a separate submission of the waiver request to FNS is not needed.

Non-Staggered Issuance (Optional)

Federal regulation requires that ongoing CalFresh HHs receive their benefits on or about the same date each month. During a disaster, the State agency may exercise the option to issue monthly benefits at one time or on a non-staggered basis to minimize the impact on disaster victims. Submission of the waiver request to FNS is not required.

HH Rights

A HH denied D-CalFresh benefits might request a fair hearing per the Manual of Policies and Procedures (MPP) 63-804. Also, a HH that disputes the HH size used in calculating its
D-CalFresh benefit amount may request a fair hearing.

Face-To-Face Interview Waiver for Elderly and/or Disabled

The mandatory D-CalFresh face-to-face interview is waived for the elderly and/or disabled individuals as an accommodation to ensure access, as these individuals may not be able to appear physically at the designated D-CalFresh application site. A phone interview may be conducted in place of a face-to-face interview.

Information

Status

Acceptable Verifications

Identity

Mandatory for Head-of-HH

1.     Photo ID;

2.     Two documents that verify identity and residency; or

3.     A signed affidavit from a collateral contact attesting to the applicant's identity, where other sources of identity are not available.

Residency

When Possible

Utility bills, tax bills, insurance policies, driver's licenses, other Identification (ID) with address, bills, or other documents that establish the applicant's home or work address.

HH Composition

If Questionable

Verbal provision of the list of names, ages, and birthdays of all HH members.

Loss or Inaccessibility of Liquid Resources or  Income

Where Possible

1.     Location of banks/ATMs closed due to the disaster (this information may be compared with the damaged area(s) located on the maps).

2.     Information on the applicant's place of work is located within the most seriously damaged area.

Food Loss

If Questionable

1.     Confirmation with an applicant who lives within an area affected by a power outage, flooding, evacuation, etc.

2.     Confirm with the power company.