How “elderly” and “disabled” are defined

In the Food and Nutrition Act, “elderly” and “disabled” are terms of art that affect CalFresh eligibility and benefits. [See, generally, 7 U.S.C. § 2012(j); 7 C.F.R. § 271.2 (definition of elderly or disabled member); MPP § 63-102(e)(1).]

The Food and Nutrition Act defines “elderly” as someone 60 years of age or older. [Id.]

To be considered “disabled” for CalFresh purposes, the person must receive disability benefits. The local CalFresh office cannot decide for itself that a person is disabled. Rather, people who receive any of the following disability benefits count as “disabled” in the CalFresh Program:

[7 U.S.C. §§ 2012(j)(2-7); 7 C.F.R. § 271.2 (definition of “elderly or disabled member”); MPP §§ 63-102(e)(1)(B-K).]

The disability definition changes for veteran’s benefits depending on whether the recipient is the veteran, a spouse or child of a veteran. The following may qualify as “disabled”:

  • Veterans: Eligibile if the verteran has a service or non-service connected disability that the Veterans Administration (“VA”) has rated or paid as “total.” Also, veterans with a service or non-service connected disability whom the VA deems in need of regular aid-and-attendance or permanently housebound.
  • Spouse: If the VA says the surviving spouse is someone needing regular aid-and-attendance, or is permanently house-bound, or is receiving or approved for service-connected death benefits or pension benefits for a non-service-connected death, AND the spouse has a permanent disability under the Social Security standards.
  • Child: A surviving child whom the VA says can never support himself or who is receiving or approved for service-connected death benefits or pension benefits for a non-service-connected death, and the child has a permanent disability under the Social Security standards.

[See MPP §§ 63-102(e)(1)(G) through (J).]