CalFresh Restoration of Eligibility and Benefits

CALFRESH

CalFresh Restoration of Eligibility and Benefits

Release Date

03/09/2020

Section Heading

Purpose

To revise existing policy and/or form(s).

What Changed?

The United States Department of Agriculture-Food and Nutrition Service (USDA-FNS) approved an extension of the Reinstatement Waiver (CalFresh Restoration of Eligibility and Benefits Waiver) to continue its implementation for a period of five years, effective July 1, 2022, through June 30, 2027.

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Policy

On June 22, 2022, the California Department of Social Services (CDSS) was authorized by the USDA-FNS to continue the implementation of the CalFresh Restoration and Benefits Waiver for five years effective July 1, 2022, through June 30, 2027, for Public Assistance CalFresh (PACF) and Non-Assistance CalFresh (NACF) cases.

This waiver allows counties to restore eligibility for CalFresh households (HHs) that have recently become ineligible for CalFresh due to the failure to provide (FTP) a complete Semi-Annual Report (SAR) 7, Eligibility Status Report, required verification, and/or other required information, as long as the HH has taken the required action within 30 days of the effective date of discontinuance.

Under this waiver, if the HH provides a Complete SAR 7, required verification, and/or other required information to re-establish eligibility within 30 days of the effective date of discontinuance, the HH’s eligibility may be reinstated during the certification period. In addition, the HH must meet all other eligibility requirements, must have at least one month remaining in their current certification period after the effective date of discontinuance, and the current certification period has not yet expired.

The reason(s) for the case discontinuance must be fully resolved before re-establishing eligibility. Accordingly, the HH’s benefits will be prorated from the date the HH takes the required action to re-establish eligibility.

Restored HHs are considered continuing cases. Therefore, HHs are not required to submit a new application or participate in an application interview. The HH will retain its original certification period. Consequently, restored HHs are reinstated for the remaining months of their previous certification period. If it is more advantageous and convenient for the HH to file a new application instead of being restored (e.g., the date of the HH's renewal (RE) is approaching), the county must provide the option.

Eligible HHs with CalFresh eligibility restored under this waiver are not considered applicants and, therefore, not entitled to Expedited Services (ES). However, if the HH does not have a least one month remaining in their current certification period after the effective date of discontinuance or the HH opts to reapply, their new application must be screened, and the HH must be evaluated for ES.

CF 388, CalFresh Restoration of Approval

The CF 388 Notice of Action (NOA) is used to notify a CalFresh HH of the approval of the CalFresh waiver for the restoration of eligibility and benefits, the amount of CalFresh benefits, the HH size, and the end date of the certification period. Pending system programming, Eligibility Staff must manually issue a CF 388 NOA according to existing procedures under the Approval of Restoration section to notify the CalFresh HH that their CalFresh benefits have been restored.

Upon approval of the restoration of eligibility and benefits, HHs eligible for CalFresh benefits of $10 and under, the system will issue the correct prorated CalFresh benefits and the correct CF 388 NOA.

HHs Not Eligible for CalFresh Restoration of Eligibility and Benefits

The waiver does not apply to a HH whose CalFresh discontinuance is due to the following:

Returning to LA County after moving out of the county;
Being permanently disqualified from the CalFresh Program; and/or
Receiving Transitional CalFresh (TCF).

HHs not eligible for restoration must reapply for benefits by submitting a new application.

CF 389, Notice of Denial of Restoration

The CF 389 NOA is used to notify a CalFresh HH of the CalFresh waiver for the restoration of eligibility and benefits denial. Pending system programming, Eligibility Staff must manually issue a CF 389 NOA according to the existing procedure under the Denial of Restoration section to notify the CalFresh HH of the restoration denial and indicate the reason for the denial on the NOA. Eligibility Staff must issue the CF 389 NOA whenever the CalFresh HH requests CalFresh benefits to be restored, and it is determined that the HH is not eligible for the Restoration waiver.

Note: When a form is needed in a language for which we do not have a translation, provide the English version to the applicant/customer along with the GEN 1365, Notice of Language Services. Staff must offer translation services, free of charge, to the customers in their preferred language when speaking with them.

CalFresh Restoration of Eligibility and Benefits When the HH Has Been Mistakenly Discontinued

If, during the restoration process, it is discovered that the HH has been mistakenly discontinued, the county must rescind the discontinuance. Staff is responsible for restoring eligibility and benefits from the date of the discontinuance as specified in CalFresh 63-802, Restoration of Lost Benefits, dated May 24, 2018.

Background

Initially, All County Letter (ACL) 10-32, dated July 23, 2010, the CalFresh Restoration of Eligibility and Benefits waiver provided new instructions for restoring eligibility and benefits for CalFresh HHs whose eligibility has been discontinued. The waiver allowed counties to restore eligibility for CalFresh HHs that have recently become ineligible for CalFresh due to FTP a missing SAR 7, required verification, and/or other required information within the month following discontinuance. In addition, this waiver allowed benefits to be restored without needing a new application or an interview as long as the HH fully resolved the reason(s) for the discontinuance in that month.

The Reinstatement Waiver was extended for five years effective July 1, 2022 through June 30, 2027 via ACL 22-51 released on June 22, 2022.

Definitions

Terms and Descriptions

Restoration

The Restoration of Eligibility and Benefits waiver applies to a HH that fully resolves the reason(s) for the discontinuance (e.g.., missing SAR 7 or FTP required verification) within 30 days of discontinuance. CalFresh eligibility will be restored, and prorated benefits will be issued as of the date the HH fully resolves the reason(s) for the discontinuance.

Moreover, when a case is in a discontinued status and a complete SAR 7 report is received within the restoration month, and Good Cause is not applicable, the case is restored with prorated benefits.

Requirements

CalFresh eligibility and benefits must be restored to every CalFresh HH that complies with these waiver's requirements. The HH is entitled to file a new application or restore CalFresh benefits. Eligibility Staff must explain this option so the HH can make an informed decision.

The following conditions included in the waiver must be met before restoring the case:

The HH’s case must be in a discontinued status;
The HH may apply for restoration without a new application or interview if the county office receives the missing SAR 7, information, and/or verification within 30 days of the date the HH became ineligible for CalFresh benefits;
The HH must have at least one month remaining in their current certification period after the effective date of discontinuance;
The HH must fully resolve the reason(s) for the discontinuance of CalFresh benefits and re-establish eligibility, which may include reporting and verifying any changes in HH circumstances;
The HH must be eligible for CalFresh benefits during the restoration month and the remaining months of the certification period;
The HH’s benefits will be prorated when the HH fully resolves the reason for the discontinuance on the restoration month;
For HHs other than those that submit a new application, CalFresh eligibility and benefits will be reinstated for the remaining months of the certification period; and
After each restoration denial, the HH must be advised that they can reapply for benefits to avoid the loss of benefits.

If a discontinued HH resolves the discontinuance by providing the missing information and/or verification and the information and/or verification renders the HH ineligible, the original discontinuance will remain effective, and the county must not restore the HH’s eligibility and benefits or establish an over-issuance.

The waiver does not change the existing requirements for CalFresh eligibility. Hence, Eligibility Staff must continue to review and validate information and verification submitted by the HH and take appropriate actions.

Good Cause

Good Cause exists only when the customer cannot reasonably be expected to fulfill their reporting responsibilities due to factors beyond their control. Good Cause for failure to submit a complete SAR 7 must be determined before evaluating eligibility for restoration. Examples of a situation when Good Cause exists include, but are not limited to:

When the HH member is suffering from a mental/physical condition that prevents submission of a timely/complete SAR 7;
When the HH member failed to submit a timely/complete SAR 7 due to an error caused by the county; or
When the county finds other extenuating circumstances preventing the HH from complying with the eligibility requirements.

If a customer reapplies or requests restoration of aid during the calendar month following discontinuance for failure to submit a complete SAR 7, Good Cause must be determined. Good Cause can be granted without the HH member’s request if it is apparent to the County that the HH member meets the Good Cause criteria.

If Good Cause exists, the case is rescinded, not restored, and there is no break-in-aid. Eligibility Staff must document on the case Journal the reason for granting Good Cause.

Verification Docs

Forms Manual Letter (FML) 5093, PA 2148, CalFresh Program Mandatory Verification Chart provides types of acceptable verification for CalFresh eligibility.

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