Overissued … because of a mistake the household made (“inadvertent” household errors)

To get back an overissuance that a person in the household caused by accident, the CalFresh office can reduce the household’s monthly CalFresh benefits by up to 10%. [MPP § 63-801.736; 7 C.F.R. § 273.18(g)(1)(iii).] If the household is getting less than $100 a month in benefits, the CalFresh office will reduce the benefits by $10 a month. [Id.]

The CalFresh office must send a notice or demand letter before it can reduce the household’s CalFresh benefits. [7 C.F.R. § 273.18(e)(3)(iii); MPP §§ 63-801.431, 63-801.732.]

The CalFresh office can ask the household to let it cut the household’s CalFresh benefits by more than ten percent or $10, but the household does not have to agree to this. [See ACIN I-22-97 (summarizing the court order in Aktar v. Anderson, 58 Cal.App.4th 1166 (1997)).]  Starting around May 1, 2023, California will also compromise administrative error and inadvertent household error overissuances when at least one member of the household is elderly or disabled.  [ACL 21-118, see ACL 22-61 (stating that automation for implementation should be completed by May 1, 2023, which is the last day to implement the program).]