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ACL NO. 15-42 Page Four
CALFRESH HOUSEHOLD REPORTS OF INCOME OVER 130 PERCENT IRT
Once a CalFresh household reports income over the 130 percent IRT, the CWD must determine the appropriate case action to take depending on the reasonable anticipation of gross income for the remainder of the certification period. If it is apparent that the household’s gross income will not continue to exceed its 130 percent IRT (i.e. the IRT was exceeded due to overtime or extra shifts) and will return to an amount less than the 130 percent IRT, the CWD shall not discontinue the case or issue a notice of adverse action. The household must be provided with a ‘no change NOA’ as stated in ACL 13-17.
If it is not clear that the household’s income will continue to exceed its IRT for the remainder of the certification period, the CWD must discuss the circumstances with the household in order to determine if the household will remain eligible and at or below the 200 percent FPL. If the household’s income cannot be reasonably anticipated, because the household is not reasonably certain that the income will continue or does not know when to expect the income again, the CWD shall not discontinue the household or decrease the household’s allotment. However, if the unexpected income does continue, the household must report. Income that cannot be reasonably anticipated cannot be prospectively budgeted.
MODIFIED CATEGORICAL ELIGIBILITY
In cases where it is apparent a household’s income will continue to exceed the income limit for the program that conferred MCE status, the household’s MCE status must be removed and the removal of MCE status must be documented in the case record before the case can be terminated for exceeding the CalFresh gross income limit with timely and adequate notice.
NOTE: As stated in ACL 13-32 and restated in ACL 14-56, if the household contains at least one elderly/disabled individual, the household is not subject to a gross income test for actual program eligibility and the county must determine whether the household is eligible based on net income and resource limit ($3,250 for elderly/disabled households).
NOTE: As stated in ACL 13-32 and restated in ACL 14-56, households of one or two persons that have been conferred MCE/BBCE status will be entitled to the minimum CalFresh benefit even though the household’s net income exceeds the maximum allowable for the household size. In addition, households of three or more persons that have been conferred MCE/BBCE status will be entitled to the allotment amount indicated in the tables of benefit issuance by household size even if the household’s net income exceeds the maximum amount allowable.