Cal. Welf. & Inst. Code § 18900.5
CalFresh
Redline — January 1, 2017 → current.View current text →
Current — January 1, 2019
As of January 1, 2017
(a) It is the intent of the Legislature in enacting this section that recipients of Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, may receive CalFresh benefits if otherwise eligible. Households described in this section and Sections 18900.6 and 18900.7 shall include households receiving benefits under Chapter 10.1 (commencing with Section 18930) of this part. It is the intent of the Legislature to continue funding a hold harmless for populations described in Sections 18900.6 and 18900.7 beyond 2018–19, until natural program attrition within these populations negates the need for additional funding. It is the intent of the Legislature to provide ongoing funding for county administration for implementation of this section and funding for county administration for implementation of the hold harmless pursuant to Sections 18900.6 and 18900.7 for the duration of the hold harmless enacted by either of those sections.
(a) It is the intent of the Legislature in enacting this section that recipients of Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, may receive CalFresh benefits if otherwise eligible. Households described in this section and Sections 18900.6 and 18900.7 shall include households receiving benefits under Chapter 10.1 (commencing with Section 18930). It is the intent of the Legislature to continue funding a hold harmless for populations described in Sections 18900.6 and 18900.7 beyond 2018–19, until natural program attrition within these populations negates the need for additional funding. It is the intent of the Legislature to provide ongoing funding for county administration for implementation of this section and funding for county administration for implementation of the hold harmless pursuant to Sections 18900.6 and 18900.7 for the duration of the hold harmless enacted by either of those sections.
(b) The department shall notify the federal Commissioner of Social Security and the Secretary of the United States Department of Agriculture that the Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, do not include the bonus value of food stamps, as described in subdivision (g) of Section 2015 of Title 7 of the United States Code, effective June 1, 2019, unless the department notifies the Department of Finance that automation will not be complete by that date, in which case the department shall notify the Department of Finance of the date automation will be complete and the alternate implementation date, which shall be no later than August 1, 2019. No later than August 1, 2018, the department shall provide counties with instructions necessary to complete automation related to implementation of this section and Sections 18900.6 and 18900.7 by August 1, 2019.
(b) The department shall notify the federal Commissioner of Social Security and the Secretary of the United States Department of Agriculture that the Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 do not include the bonus value of food stamps, as described in subdivision (g) of Section 2015 of Title 7 of the United States Code, effective June 1, 2019, unless the department notifies the Department of Finance that automation will not be complete by that date, in which case the department shall notify the Department of Finance of the date automation will be complete and the alternate implementation date, which shall be no later than August 1, 2019. No later than August 1, 2018, the department shall provide counties with instructions necessary to complete automation related to implementation of this section and Sections 18900.6 and 18900.7 by August 1, 2019.
(c) Subdivision (b) shall be implemented as follows: (1) As of June 1, 2019, or the alternate implementation date described in subdivision (b), an individual otherwise eligible for CalFresh who is not in an existing CalFresh household as an excluded member, shall become eligible for CalFresh benefits notwithstanding that he or she is a recipient of Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3. (2) (A) For all existing CalFresh households as of June 1, 2019, or the alternate implementation date described in subdivision (b), that as a result of subdivision (b) will include a previously excluded individual or individuals who receives Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, the county welfare department shall implement this provision by adding that individual, or those individuals, to the existing CalFresh household, and determining continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930) of this part, at the next periodic report or recertification as described in Sections 18910 and 18910.1. This shall include households which temporarily lose their eligibility on or before the date when the SSI individual(s) would be added and have their benefits restored within 30 days of that date based on good cause or providing the necessary information to restore eligibility. (B) Notwithstanding subparagraph (A), an existing CalFresh household described in that subparagraph may, at any time following June 1, 2019, or the alternate implementation date described in subdivision (b), and before the next periodic report or recertification, request that a previously excluded individual or individuals who receive Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, be added to the CalFresh household. Upon such a request, the county welfare department then shall determine continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930) of this part. (3) (A) For all new CalFresh households enrolled within six calendar months of June 1, 2019, or the alternate implementation date described in subdivision (b), consisting entirely of individuals receiving Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, and eligible for a certification period of 24 or 36 months, the household’s initial certification period may be no more than six months shorter than the maximum period allowable to help spread the workload of periodic reports and recertifications, and manage caseload relative to timeliness and accuracy standards. (B) For all CalFresh households not described above in subparagraph (A), the household’s certification period shall be the maximum allowed by federal law for the household type, unless the county is complying with subdivision (b) of Section 18910, or, on a case-by-case basis only, the household’s individual circumstances require a shorter certification period.
(c) Subdivision (b) shall be implemented as follows: (1) As of June 1, 2019, or the alternate implementation date described in subdivision (b), an individual who is otherwise eligible for CalFresh benefits and who is not in an existing CalFresh household as an excluded member, shall become eligible for CalFresh benefits notwithstanding that the individual is a recipient of Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3. (2) (A) For all existing CalFresh households as of June 1, 2019, or the alternate implementation date described in subdivision (b), that as a result of subdivision (b) include a previously excluded individual who receives Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, the county welfare department shall implement this provision by adding that individual, or those individuals, to the existing CalFresh household, and determining continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930), at the next periodic report or recertification, as described in Sections 18910 and 18910.1. This shall include households that temporarily lose their eligibility on or before the date when the SSI recipient would be added and have their benefits restored within 30 days of that date based on good cause or providing the necessary information to restore eligibility. (B) Notwithstanding subparagraph (A), an existing CalFresh household described in that subparagraph may request, at any time following June 1, 2019, or the alternate implementation date described in subdivision (b), and before the next periodic report or recertification, that a previously excluded individual who receives Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, be added to the CalFresh household. Upon this request, the county welfare department shall determine continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930). (3) (A) For a new CalFresh household enrolled within six calendar months of June 1, 2019, or the alternate implementation date described in subdivision (b), which consists entirely of individuals receiving Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 and is eligible for a certification period of 24 or 36 months, the household’s initial certification period may be no more than six months shorter than the maximum period allowable to help spread the workload of periodic reports and recertifications, and manage caseload relative to timeliness and accuracy standards. (B) For a CalFresh household that is not described in subparagraph (A), the household’s certification period shall be the maximum allowed by federal law for the household type, unless the county complies with subdivision (b) of Section 18910, or, on a case-by-case basis only, the household’s individual circumstances require a shorter certification period.
(d) The provisions of this section and Sections 18900.6 and 18900.7 shall be implemented by the department in consultation with stakeholders and counties. Additionally, beginning July 1, 2018, and continuing quarterly through June 2019, or the alternate implementation date described in subdivision (b), the department shall convene discussions with the Legislature regarding implementation.
(d) This section and Sections 18900.6 and 18900.7 shall be implemented by the department in consultation with stakeholders and counties. Beginning July 1, 2018, and quarterly thereafter through June 2019, or the alternate implementation date described in subdivision (b), the department shall convene discussions with the Legislature regarding implementation.
(e) This section shall be inoperative during any fiscal year in which funding is not appropriated in the annual Budget Act to support increased state and county administrative costs resulting from this section.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.