People on SSI, CalWORKs, General Assistance or Medi-Cal, with a prior felony drug conviction, fleeing felons, or sexual assault or murder convictions

Understanding “categorical eligibility”

To say a household is “categorically eligible” for CalFresh benefits means that the household has a characteristic that simplifies, lowers or eliminates a barrier to its participation in CalFresh. While categorical eligibiity does mean the household is presumptively “eligible” to participate in the program, it does not necessarily mean the CalFresh household automatically will receive benefits, nor does it necessarily dictate how much in benefits it will receive. But categorical eligibility is very important because it does make it easier for most low-income households to get CalFresh benefits.

In practice, what “categorical eligibility” generally means is that the household does not have to provide verification of certain information, such as: resources, gross and net income, a social security number, sponsored lien information, and residency. [MPP §§ 63-301.72, 63-301.822; 7 C.F.R. §§ 273.2(j)(2)(v) and (j)(4)(iii).]  Although counties must verify identity, the must do so using MEDS.  [ACL 19-44.]

Households in California receiving cash welfare assistance, such as CalWORKs or General Assistance (GA) benefits, have long been deemed categorically eligible for CalFresh. Since 2011, both cash-assistance and non-cash assistance CalFresh households have been considered “modified categorically eligible.” [See ACL 09-24 (Q&As); ACL 11-11 (expanding “modified categorical eligibility”); and ACL 12-62 (examples of “modified categorical eligibility”).] This categorization broadly exempts all resources in the determination of eligibility for households who meet all other CalFresh eligibility requirements.

More recently, “categorical eligibility” has been expanded to include essentially all CalFresh households — including making those on Medi-Cal categorically eligible [ACL 13-108] and expanding modified categorical eligibility to encompass households with an elderly or disabled member [ACL 13-32], and now — all but comprehensively — households with gross incomes at or below 200% of the Federal Poverty Level (FPL). [See ACL 14-56.]

People receiving SSI / SSP benefits can receive CalFresh starting June 1, 2019

Effective June 1, 2019,  SSI recipients in California will be eligible for CalFresh.  [ACL 18-90.]  SSI recipients can apply for CalFresh beginning May 1, 2019.

SSI/SSP recipients in ongoing households will be eligible for CalFresh at the household’s next periodic report, annual recertification following implementation, or when voluntarily requested by the household.  [Id.]  A new application will not be required to add an SSI/SSP recipient to an ongoing household.  [Id.]

SSI/SSP applicants or recipients can apply for CalFresh at the county welfare department office.  SSI/SSP applicants or recipients can also apply at a Social Security Administration office if all members of the household SSI are applicants or recipients.  [ACL 19-44.]

SSI recipients are categorically eligible for CalFresh.  [ACL 18-90, 19-44.]

The Social Security Administration (SSA) must inform SSI applicants or recipients of their right to apply for CalFresh at the SSA office or their right to apply at the county welfare department whenever a member of a household consisting of only SSI applicants or recipients conducts business with SSA. SSA will not assist households with both SSI and non-SSI members. [Id.]

SSA will screen all households for CalFresh eligibility.  [Id.]  Based on the screening, SSA must give the household the opportunity to apply for CalFresh.  [Id.]  If a household with only SSI applicants or recipients agrees, SSA will assist the household in submitting and completing a CalFresh application.  These household may also complete their annual recertification at the SSA office. [Id.]

SSA can use the GetCalFresh.org online application starting June 1, 2019.  If the application is submitted using GetCalFresh.org, the county must not require an additional signature from the household.  [Id.]  If a household wants to submit a paper application, SSA will assist the household in completing the written application and will submit it to the county within one business day of receipt of the signed application.  [Id.]

For either type of application, SSA then will provide the following information to the household in writing: 1) contact information for the county; 2) remaining actions to be taken to complete the application; 3) a statement that the household should be notified of their CalFresh eligibility determination within 30 days; 4) the household’s rights and responsibilities; and 5) information about how to get an EBT card.  [Id.]

The expedited service timeframe will begin the date the county receives the application.  [Id.]  SSA will prescreen the application for entitlement to expedited service.  [Id.]

If the household chooses to apply with the county, SSA will inform the household of their option to apply online or take the paper application to the county.  [Id.]

All SSI/SSP recipients will be considered elderly and/or disabled household members for CalFresh purposes. [Id.]  This means that these households will be certified for 24 months.  [Id.]  If the household has no earned income, the household will be for 36 months under the Elderly Simplified Application Project.  [Id.]

Income, resources and deductions of the SSI/SSP recipient will be considered when determining CalFresh eligibility.  [Id.]  Households in which all members of household receive SSI/SSP will be considered categorically eligible for CalFresh. [Id.]  This means that no additional verification is needed for resources, gross or net income, Social Security Number, sponsored immigrant information or residency.

Households will not be required to report termination of SSI/SSP mid-period.  [Id.]  However, if termination of SSI/SSP becomes known to the county it must take action mid-period.  [Id.]

As a result of eligibility of previously excluded SSI/SSP recipients, some households will have their CalFresh reduced.  The Supplemental Nutrition Benefits (SNB) program will provide state-funded nutrition benefits for households that include at least one SSI/SSP recipient and will have their CalFresh benefits reduced when the SSI/SSP recipient is added to the household to compensate for this CalFresh benefit reduction.  [ACL 18-91.]

SNB eligibility is determined on the effective date of the addition of the SSI/SSP recipient to the CalFresh household.  [Id.]  SNB eligibility will remain linked to the household.  [Id.]  The exception is SNB eligibility transfers to a new household for a domestic violence survivor who creates a separate household. [Id.]  The current SNB amount are in ACL 21-107.

Transitional CalFresh recipients may be eligibile for SNB if their benefits are reduced by adding a previously excluded SSI/SSP recipient to the household.  [Id.]

Pending CalFresh applications with a beginning date of aid in the month prior to the implementation date of CalFresh eligibility for SSI/SSP recipients can be eligible for SNB.  [Id.]

SNB eligibility will continue as long as the household continues to receive CalFresh and the at least one of the previously excluded SSI/SSP recipients remains in the household.  [Id.]  SNB eligibility will be redetermined at the household’s CalFresh recertification.  [Id.]  Counties must give separate notices of action regarding the SNB program.  [Id.]

As a result of eligibility of previously excluded SSI/SSP recipients, some households will have their CalFresh terminated.  The Transitional Nutrition Benefits (TNB) program will provide state-funded nutrition benefits for households that include at least one SSI/SSP recipient and will become ineligible for CalFresh benefits when the SSI/SSP recipient is added to the household. [ACL 18-92.]  A household that becomes ineligible for CalFresh for any other reason is not eligible for TNB.

Adding a new California Food Assistance Program eligible member to the household mid-period or at semi-annual report does not change the household’s Supplemental Nutrition Assistance benefit.  A household’s Supplemental Nutrition Assistance benefit does not change when a household members changes from CalFresh to CFAP.  [ACL 23-57.]

TNB eligibility is determined on the effective date of the addition of the SSI/SSP recipient to the CalFresh household.  [Id.]  The current TNB amounts are in ACL 21-107.

TNB recertifications are only once every 12 months, and the period to submit documents to restore benefits is extended to 90 days of the recertification due date.  [ACL 21-131.]  All TNB recertifications are suspended until November, 2023 while the changes to TNB recertification are programmed into the county welfare department computer system. [Id.]

TNB recertifications will begin in November, 2023.  [ACIN I-35-23.]  Counties must send the Notice of Recertification for the Transitional Nutrition Benefit Program (TNB 4) to TNB households in the month prior to the household’s original TNB renewal month, starting in October 2023 for the November renewals.  Recertifications will be for 12 months.  [Id.]  TNB households are not required to report mid-period or complete a periodic report to maintain eligibility. [Id.]

If a TNB household is discontinued for failure to complete the renewal, benefits must be restored back to the date of termination if the recertification and all required documents are submitted within 90 days of the discontinuance. [Id.]

Pending CalFresh applications with a beginning date of aid in the month prior to the implementation date of CalFresh eligibility for SSI/SSP recipients can be eligible for TNB. [ACL 18-92.]

TNB eligibility will continue as long as the household continues to include at least one of the previously excluded SSI/SSP recipients, the same individual continues to receive SSI/SSP and the household is ineligible for CalFresh. [Id.]

Counties are not required to act on information received during the TNB certification period except for the household being granted CalFresh. [Id.]

People who are in SSI suspense status are not considered to be receiving SSI and can get CalFresh benefits. [ACL 17-09; Riojas v. United States Department of Agriculture (N.D. Cal. 2016) 2016 WL 3566941.]

CalWORKs, General Assistance and Medi-Cal recipients are almost always categorically eligible

CalWORKs (California’s TANF program) and General Assistance (GA) (also known as General Relief or GR) recipients may be “categorically eligible,” i.e., automatically qualified for CalFresh benefits. [MPP §§ 63-102(c)(3); (g)(1)(A) and (p)(12), 63-301.7, 63-301.82; 7 U.S.C. § 2014(a); 7 C.F.R. §§ 273.2(j)(2) and (4).]

For a GA recipient to qualify for categorical treatment, the GA program must rely on income criteria at least as restrictive as the CalFresh program. The GA program must also provide benefits that are not limited to one-time emergency payments. [MPP § 63-301.821; 7 U.S.C. § 2014(a); 7 C.F.R. § 273.2(j)(4)(i).] If anyone in the household is institutionalized or disqualified from the CalFresh benefits program, the household will not be categorically eligible. [MPP § 63-301.734; 7 C.F.R. § 273.2 (j)(v)(2).]

If everyone in the household is eligible for CalFresh benefits and also receives either CalWORKs or GA, the household is categorically eligible. [MPP §§ 63-301.7, 63-301.82; 7 U.S.C. § 2014(a); 7 C.F.R. §§ 273.2(j)(2)(i) and (j)(4).] If anyone in the household gets, or is eligible to get, Medi-Cal, the household is also categorically eligible for CalFresh, provided it has a gross income at or below 200% of the FPL. [ACL 13-108.]

In determining categorical eligibility, CalWORKs and GA recipients include individuals whose applications have been approved but have yet to receive benefits, those whose benefits have been suspended or recouped, and those eligible for benefits but have yet to receive them because their grants are less than a minimum benefit level of $10. [MPP §§ 63-102(g)(1) and (p)(12); see also 7 C.F.R. § 273.2(j)(2)(iv).]

There are special rules about students getting CalFresh benefits. [7 C.F.R. § 273.5(a), (b); MPP § 63-406.1, 406.2.] In practice, the rules do not matter for “categorically eligible” CalWORKs households, since all CalWORKs household members can be students and still qualify for CalFresh benefits. [MPP § 63-406.215; 7 C.F.R. § 273.5(b)(3).] Household members who are students and are getting GA, however, cannot get CalFresh benefits unless they fall into one of the categories of students eligable for CalFresh benefits. [MPP § 63-406.2; 7 C.F.R. § 273.5(b).]

Effective on January 1, 2022, county staff must verbally screen new and renewing Medi-Cal applicants for CalFresh and provide the opportunity to apply for CalFresh if eligible. All CalFresh applicants must also be screened for entitlement to expedited service.  [ACL 21-52.]

Medi-Cal beneficiaries eligible for CalFresh include (but are not limited to) beneficiaries with Modified Adjusted Gross Income (MAGI) income less than or equal to 200% of the Federal Poverty Level (FPL), non-MAGI income less than or equal to 200% of the FPL, and non-MAGI Aged, Blind, and Disabled (ABD) FPL less than or equal to 138%. If the beneficiary is not interested in CalFresh, then the county must inform them of an online and paper application for the program. [Id.]

Online Medi-Cal applications (SAWS and CalHEERS) already offer eligible beneficiaries applications to additional benefits programs at the same time. County staff are encouraged, but not required to verbally ask online applicants if they are interested in CalFresh.  [Id.]

Counties must cross-train staff who process Medi-Cal applications to perform CalFresh eligibility determinations.  [Id.]

Counties must designate a CalFresh liaison to establish CalFresh application referral procedures and establish outreach procedures to increase CalFresh enrollment among Medi-Cal applicants and beneficiaries. Counties must provide CDSS with contact information of these liaisons by January 1, 2022.  [Id.]  The deadline for counties to implement dual eligibility is extended to January 1, 2023.  [ACL 21-150.]

When are CalWORKs and General Assistance households not categorically eligible?

A CalWORKs household cannot be considered categorically eligible if:

  • Any household member is disqualified from getting CalFresh benefits due to an intentional program violation (IPV), fleeing felon status (see ACL 15-82), or fraud. [MPP § 63-301.741; 7 C.F.R. §§ 273.2(j)(2)(vii)(A), 273.16.] (This is because federal law requires all CalFresh household members to be getting public assistance); or
  • The entire household has been cut off CalFresh benefits for not turning in its required semi-annual reports (SAR). [MPP § 63-301.742.]

A General Assistance (GA) household cannot be considered categorically eligible if:

  • The household refuses to cooperate in providing information necessary for eligibility determination or review. [MPP § 63-301.824(a); 7 C.F.R. § 273.2(j)(4)(v)(A).];
  • The entire household has been cut off CalFresh benefits because the head of household fails to comply with work requirements. [MPP §§ 63-301.824(b), 63-407.1; 7 C.F.R. § 273.2(j)(4)(v)(B).];
  • The household is ineligible for CalFresh benefits because one of its members is participating in a strike at work; numerous exceptions apply. [See MPP § 63-301.8 for details; 7 C.F.R. § 273.2(j)(4)(v)(C).];
  • The household is ineligible because it knowingly has transferred resources to qualify for CalFresh benefits [MPP § 63-501.61; 7 C.F.R. § 273.2(j)(4)(v)(C).]

People with a prior felony drug conviction

Effective April 1, 2015, no person can be excluded from an assistance unit or be denied CalFresh or CalWORKs benefits because of a prior felony drug conviction. Two important All County Letters have been issued addressing this change: ACL 14-100 sets out in detail the rule changes, key implementation dates, applicable forms, as well as what is expected of local county welfare offices to facilitate eligibility and receipt of CalFresh benefits for individuals previously excluded. There is also the related ACL 14-92 explaining specific changes made to the CalFresh application form to conform to AB 1468 (2014).  Drug felons must comply with the terms of probation or parole, if applicable, including participation in a government recognized
drug treatment program, if required.  [ACL 14-100.]

Fleeing felons and persons in violation of probation or parole

Persons who are fleeing felons or are in violation of a condition of probation or parole are ineligible for CalFresh.  [7 C.F.R. § 273.11(n).]  The federal regulation allows the state to choose one of several methods to determine when a person is a fleeing felon. [Id.]  California has chosen that a person is considered a fleeing felon only if they have an outstanding warrant for their arrest in one one of three National Crime Information Center (NCIC) Uniform Offense Classification Codes: Escape, Flight-to-avoid, and Flight-escape.  [ACL 15-82.]  For purposes of CalFresh, an individual is only disqualified if they have an outstanding arrest warrant in one of those three classification codes. [Id.]

A person is only considered to be in violation of probation or parole for purposes of CalFresh eligibility if an impartial party, such as a judge or officially sanctioned tribunal, had determined that the individual violated a condition of his or her probation or parole imposed under federal or state law. [Id.]  In addition, to be disqualified from CalFresh, the federal, state, or local law enforcement authorities must be actively seeking the individual to enforce the conditions of the probation or parole. [Id.]  Counties must get verification of probation or parole violator
status and must verify that law enforcement is actively seeking the individual.  [Id.]

Persons convicted of sexual assault or murder and not in compliance with their sentence

Any adult who has been convicted of aggravated sexual abuse, murder, sexual exploitation and other abuse of children, a Federal or State offense involving sexual assault, or an offense under State law determined by the Attorney General to be substantially similar to one of the first three offenses listed, after February 7, 2014, and who is not in compliance with the terms of their sentence, will not be eligible for CalFresh benefits. [7 U.S.C. 2015(r); 7 C.F.R. 273.11(s); ACL 23-59; ACL 23-59E.]  This rule was added by the 2014 federal Farm Bill.

7 C.F.R. 273.11(s) require an attestation by all individuals applying or recertifying for CalFresh benefits whether they have been convicted of one of these crimes as an adult, and whether the convicted household member is complying with the terms of their sentence. Individuals may provide attestations in writing, verbally, or both.  CalFresh applications will have a new question where individuals can state whether the individual or any adult member of their household has been convicted of any of the disqualifying crimes, and if so whether they are in compliance with the terms of their sentence. [ACL 23-59; ACL 23-59E.] The online applications will also have the new attestation requirement added. [Id.]

Counties must explain the attestation requirement to the applicant household during the interview. [Id.] Individuals cannot be required to come to the county office only to make the attestation. [Id.] The individual’s attestation must be documented by the county in the case file. [Id.]

Verification can only be requested if the attestations is considered questionable, which is when the application has contradicting information, or discrepancies that would cast doubt on the timeliness, completeness, or accuracy. [Id.] For questionable applications, the county must verify any conviction for crimes and that the individual is out of compliance with the terms of their sentence. When verifying an attestation, counties can use their Special Investigation Unit, Investigators, and R-IEVS Fleeing Felon Match. [Id.]

Application processing must not be delayed beyond required processing times only because verification has not yet been received. [Id.] If the county must act on the case to meet the time standards, the application must be processed without consideration of the individual’s conviction status. [Id.]

The implementation of the new eligibility disqualifications will be effective upon funding and completion of automation in CalSAWS. [Id.]