DPSS ePolicy

What Changed?

This release provides revisions to the CalFresh income limits resulting from the Cost-of-Living Adjustment (COLA) to the Federal Poverty Level (FPL) for the current Federal Fiscal Year (FFY). This release also includes Supplemental Security Income (SSI) payments as a means-tested benefit, granting SSI recipients Categorical Eligibility to CalFresh benefits when all other eligibility requirements are met. This release also informs staff that forms SAR 2 and AR 2 SAR are available in the California Statewide Automation Welfare System (CalSAWS) Template Repository in different languages.

Note: Changes are shown highlighted in grey throughout the document

Effective July 1, 2011, all households (HH) with a gross income at or below 200 percent of the FPL, must be conferred Modified Categorical Eligibility (MCE) status when they are issued or have online access to the Temporary Assistance for Needy Families (TANF)-funded ‘PUB 275,’ - Family Planning…Making the Commitment for a Healthy Future brochure. All other conditions for CalFresh eligibility must be met.

Once MCE status has been determined, it continues throughout the certification period. Although the resource limit is waived for regular CalFresh processing, it continues to be counted for determining Expedited Services.

Note: PUB 275 is available in the Forms Library in different languages.

To increase participation in the CalFresh Program for needy HHs who meet all other conditions of CalFresh eligibility, the following expansions have been established:

• MCE; 
• Expanded Modified Categorical Eligibility (EMCE); and 
• Broad-Based Categorical Eligibility (BBCE).
  

Categorical Eligibility (CE)

This is the traditional form of CalFresh eligibility where the resource and income limits are waived for those HHs that are receiving low-income, cash-based programs, such as California Work Opportunity and Responsibility to Kids (CalWORKs) or General Relief (GR). This criteria grants CalFresh eligibility to those HHs that are already receiving means-tested benefits, such as CalWORKs, GR, Supplemental Security Income (SSI) without considering resource or income limits, when all other requirements for CalFresh eligibility are met.

Modified Categorical Eligibility (MCE)

It waives the resource requirement for Non-Assistance CalFresh HHs who had children under 18 years of age. This criterion was introduced by Assembly Bill (AB) 433 (Chapter 625, Statutes of 2008) on July 1, 2009, and waived the resource requirement for Non-Assistance CalFresh (NACF) HHs with children under the age of 18, as long as:

1. They were MCE conferred; 
2. Met all other CalFresh eligibility requirements; and 
3. They met the 130% of the FPL.

Expanded Modified Categorical Eligibility (EMCE)/ Broad-Based Categorical Eligibility (BBCE)

EMCE is an expansion to the MCE policy and was introduced on February 1, 2011. This policy expansion extended the MCE criteria by waiving the resource limit requirement for all NACF cases, given that all other program requirements are met. HHs continue to be granted EMCE status by being given access to the PUB 275, Family Planning… Making the Commitment for a Healthy Future brochure. Once a HH has been determined EMCE eligible, this status will continue throughout the entire certification period.

EMCE expanded the exemption of resource consideration to all NACF HHs regardless of them having children or not. EMCE is known as BBCE in Federal terms.

Elderly/Disabled (E/D) HHs & MCE

Confers MCE status to E/D HHs when their income is below 200% of the FPL and they are provided with the PUB 275, Family Planning…Making the Commitment for a Healthy Future brochure. This is important for these HHs because it means that resources would be waived for E/D HHs, when determining eligibility/benefits, as long as their income does not exceed 200% of the FPL. If their gross income exceeds the 200% FPL, these HHs would have to comply with the resource limit requirement for their HH size.

Note: Actual program eligibility for E/D HHs continues to be based on the Net Income Test limits, regardless of the resources requirement being waived or not. The Gross Income Limit is only considered when determining if the resources requirement will be waived or counted. The following illustrates this concept:

• Gross Income at or below 200% of the FPL
  Is the HH granted MCE Status? Yes
  Is the Resource Requirement Waived? Yes
  Type of Income Test used for CalFresh Program Eligibility: Net Income Test
  
  
• Gross Income above the 200% FPL
  Is the HH granted MCE Status? No
  Is the Resource Requirement Waived? No
  Type of Income Test used for CalFresh Program Eligibility: Net Income Test

 Means-tested

When the HHs financial circumstances are considered in determining eligibility and/or benefit level, and these means-tested programs make publicly funded payments to the HH (for example, CalWORKs, GR, or SSI).

Confer

To grant or bestow.

Note: All cases must contain detailed documentation confirming whether MCE status has been conferred.

Ineligibility for MCE

State regulations indicate that the following HHs are not eligible for MCE and are therefore subject to all CalFresh eligibility requirements, including the resource limit and the gross income limit based on 130% of the FPL:

1. Any HH with a disqualified member such as an Intentional Program Violator (IPV), a Fleeing Felon or Probation/Parole Violator; or 
2. A HH, when the Head-of-HH does not comply with work requirements.

Note: A HH may be conferred MCE status once it is determined that the sanction period has expired and the HH meets all other conditions of MCE eligibility.

Verified Upon Receipt (VUR)

Verified upon receipt means that the information provided is not questionable, the provider is the primary source of the information, and no further information is needed to take action.

Most CalFresh HHs are required to report mid-period (mandatory report) when their income exceeds their Income Reporting Threshold (IRT).

1. HHs certified with income at or below 130% of the FPL must report income changes if their income exceeds 130% of the FPL during the certification period. 
2. HHs certified with income in the range of 131% of the FPL to 200% of the FPL are not required to report income changes during the certification period.

The IRT is based on the HH size at the time of certification (initial certification or annual recertification), or whenever there is a HH composition change or gross income change.

 The following illustrates the IRT information based on the HH type as provided by the State:

Household Type and CalFresh IRT Level

NACF - Income at or below 130% = 130% IRT 

NACF - Income between 131% and at or below 200% = No IRT

NACF - Sanctioned Individual (Non-MCE) = 130% IRT

Public Assistance CalFresh - All HH members are receiving CalWORKs and CalFresh = CalWORKs IRT

Mixed Household - Some members receive CalWORKs - All HH members receive CalFresh Income at or below 130% = 130% IRT

Mixed Household - Some members receive CalWORKs – All HH members receive CalFresh. Income at/between 131% and at/or below 200% = No IRT

MCE is conferred by giving access to pertinent HHs to the PUB 275, Family Planning … Making the Commitment for a Healthy Future brochure. This brochure gives access to non-cash, TANF or Maintenance of Effort (MOE) benefits-funded services that help with family planning. Once a HH is conferred MCE, the Eligibility Staff must follow specific guidelines when determining the CalFresh benefit level based on the following criteria: 

MCE HH Size and Criteria for Benefit Level Determination

HHs of One or Two Members

These HHs are eligible to the minimum CalFresh benefit allotment even if their Net Income exceeds the maximum allowable, regardless of the bracketed amounts displayed in the benefit issuance table. An MCE HH of one or two members whose income exceeds the Net Income Limit for their HH size:

1. Will never have a “zero” benefit amount - they will always be allowed the minimum benefit based on the current FFY; and 
2. Will not fail for Excess Net Income.

HHs of Three or More Individuals

HHs of three or more would only receive the corresponding amount indicated on the benefit issuance table based on their net income (even if it is less than $10.00, except for the initial month). The actual benefit amount is calculated based on the following:

• When the HHs net income exceeds the HH’s Net Income Limit and the amount indicated on the benefit issuance table equals zero, then the HH will be denied or discontinued. This denial/discontinuance will be based on the fact that the HH’s net income exceeds the level at which benefits can be issued.
• When the HHs net income exceeds the HH’s Net Income Limit and the amount indicated on the benefit issuance table is more than zero, then the HH will be approved for initial or ongoing benefits based on the amount listed on the benefit issuance table.
• When the HHs net income does not exceed the Net Income Limit for the HH size, then the HH will be approved for benefits based on the amount listed on the benefit issuance table, provided all other criteria are met.