63-402.17 Separate Household Rule for the Elderly and Disabled

CALFRESH

63-402.17 Separate Household Rule for the Elderly and Disabled

Release Date

12/31/2019

Section Heading

Purpose

To convert an existing policy to a new writing system, no concept changes.

Note: Changes are shown highlighted in grey throughout the document.

Policy

CalFresh households (HHs) that contain an elderly and disabled member who is unable to purchase and prepare meals because they suffer 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 CalFresh case from the others with whom the individual resides.

Separate HH status under this provision must not be granted when the income of the others with whom the elderly and disabled individual resides (excluding the income of the elderly and disabled individual and their spouse) exceeds 165% of the federal poverty line. If the HH's income exceeds the 165% Gross Income limit, then the elderly and disabled member cannot be granted separate HH status from the others in the HH.

During interviews with HHs that contain an elderly and disabled HH member, Eligibility Staff must inform the HHs that the elderly and disabled member can apply as a separate CalFresh HH from the others in the HH. As part of the interview, the HH must be informed that although the elderly and disabled member may be granted separate CalFresh HH status, it may be to the HH's advantage to be evaluated as one CalFresh HH, especially if the elderly and disabled member's income, minus applicable deductions, may result in CalFresh ineligibility.

Background

The federal and State governments have implemented special rules for HHs containing elderly and disabled members as an additional strategy for increasing CalFresh participation within this population.

Definitions

Terms and Descriptions

Elderly

CalFresh HH member who is 60 years of age or older.

Disabled

HH member who:

Receives Supplemental Security Income (SSI) benefits under Title XVI, disability, or blindness payments under Title II (Social Security Disability Program) of the Social Security Act;
Receives disability retirement benefits from a government agency because of a disability considered permanent under Section 221 (i) of the Social Security Act;
Receives interim assistance benefits pending SSI, if the eligibility to receive those benefits is based upon disability or blindness criteria, which are at least as stringent as those used under Title XVI of the Social Security Act;
Receives disability-related medical assistance under Title XIX (Medi-Cal) of the Social Security Act;
Receives disability-related General Relief (GR) benefits, if the eligibility to receive those benefits is based upon disability or blindness criteria, which are at least as stringent as those used under Title XVI of the Social Security Act;
Is a veteran with a service connected or non-service connected disability rated by the Veteran’s Administration (VA), as total or paid as total, by the VA until Title 38 of the United States Code;
Is a veteran considered by the VA to be in need of regular aid and attendance or permanently housebound under Title 38 of the United States Code;
Is a surviving spouse of a veteran and considered by the VA to be in need of regular aid and attendance or permanently housebound, or a surviving child of a veteran and considered by the VA to be permanently incapable of self-support under Title 38 of the United States Code;
Is a surviving spouse of a surviving child of a veteran and considered by the VA to be entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under Title 38 of the United States Code and has a disability permanent under Section 221 (i) of the Social Security Act. “Entitled” as used in this definition refers to those veteran’s surviving spouses or surviving children who are receiving the compensation or pension benefits stated or have been approved for such payments, but are not yet receiving them; or
Receives an annuity payment under Section 2(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be eligible to receive Medicare by the Railroad Retirement Board; or Section 2(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under Title XVI of the Social Security Act.

Note: GR participants determined as 'Needs Special Assistance' (NSA) by designated DPSS Eligibility Staff or Department of Mental Health staff, and GR participants determined unemployable by contracted Employability Screening staff, are considered disabled for CalFresh purposes.

Requirements

N/A

Verification Docs

The HH must provide verification that they are receiving SSI, Social Security (Title II) benefits, or Eligibility Staff may verify through the applicant Income and Eligibility Verification System (IEVS) or the Medical Eligibility Data System (MEDS).

Statement from a physician or licensed/certified psychologist on a letterhead stationary certifying that the aged individual suffers from a disability that prevents them from purchasing and preparing their own meals is also sufficient.

Attachments

N/A

DPSS ePolicy

NAVIGATION