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.1 Certification Periods
The CWD shall certify each eligible household for a definite period of time within which a household shall be certified to receive benefits. At the expiration of such certification period, entitlement to food stamp benefits shall end. Under no circumstances shall benefits be continued beyond the end of a certification period without a new determination of eligibility. See Section 63-504.6 for recertification procedures. CWDs must assign the longest certification period possible based on the predictability of the household's circumstances. The first month of the certification period will be the first month for which the household is eligible to participate. The certification period cannot exceed 12 months, except as specified in Sections 63-504.13 and .14.
Handbook Section 63-504.1(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
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(QR) Counties may match certification periods with QR reporting cycles. Where possible, CalWORKs shall adjust its redetermination period to coincide with the Food Stamp Program certification period. The food stamp certification period shall not be shortened unless as specified in Section 63-504.15. The certification may be lengthened if it does not exceed 12 months as specified in Section 63-504.16.
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.11 General Requirements for Establishing Certification Periods
.111 Certification periods shall conform to calendar or fiscal months, except that for initial applications where benefits are prorated, the beginning date of the certification period shall be the date the application was filed with the CWD. At initial application, the first month in the certification period shall generally be the month of application, even if the household's eligibility is not determined until a subsequent month. For timely reapplications and recertifications, the certification period shall begin with the month following the last month of the previous certification period. Households should be assigned certification periods of at least six months except as follows:
(a) Households with unstable circumstances should be assigned certification periods consistent with their circumstances, but generally no less than three months.
(b) Households may be assigned one or two-month certification periods when it appears likely that the household will become ineligible for food stamps in the near future.
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FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-504 (Cont.)
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
.12 Section 63-504.12(MR) shall become inoperative and Section 63-504.12(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) Additional Requirements for Establishing Certification Periods for Monthly Reporting Households
(QR) Additional Requirements for Establishing Certification Periods for QR Households
.121 Public Assistance and Categorically Eligible Households
Households in which all members are contained in a single Public Assistance (PA) grant, and the food stamp applications are processed jointly as specified in Section 63-301.6, may have their food stamp recertifications, to the extent permitted by regulation, at the same time they are redetermined for PA eligibility.
The certification period shall be established for no longer than 12 months. The CWD shall be permitted to recertify food stamps when the PA redetermination occurs. However, if the PA redetermination and the food stamp recertification cannot be jointly processed, the CWD shall send the household a notice of expiration of its food stamp certification period as specified in Section 63-504.624 and proceed to recertify the household for food stamps in order not to exceed the 12 months. The certification period may be shortened as specified in Section 63-504.14 to keep the time frames on the same schedule.
(a) If a household initially applies jointly for food stamps and PA benefits, a nonassistance classification shall be assigned if the food stamp application is approved prior to the PA determination being made and the certification period shall be assigned in accordance with Section 63-504.122. When the PA application is approved, the household shall be reclassified as public assistance, but the certification period shall remain as originally assigned. (See Section 63-301.7 for additional procedures for PA categorically eligible households.)
.122 Nonassistance Households
All nonassistance households (NA) subject to monthly reporting shall be certified for a period not to exceed 12 months.
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63-504 (Cont.) ELIGIBILITY DETERMINATIONS Regulations
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
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.123 Changes in Classification
If the household classification changes and Food Stamp Program eligibility is retained, the certification period shall be changed as follows:
(a) When all members of a currently certified NA household apply for PA benefits, the CWD shall inform the household that it may be recertified for food stamps at the same time its PA eligibility is determined. In order to do so, the household shall submit an application for recertification and have a joint interview in conjunction with the processing of the PA application. If the household agrees to be recertified in accordance with the PA application, the CWD shall provide the household with the application forms (DFA 285-A1 and DFA 285-A2) necessary to recertify the household. If the household is determined to be eligible for PA benefits, a new food stamp certification period shall be assigned in accordance with Section 63-504.121.
(1) If the household applying for PA benefits elects not to be recertified for food stamps in conjunction with processing of the PA application, the household's certification period shall remain as originally assigned, unless the CWD determines it is necessary to shorten the certification period in accordance with Section 63-504.14.
(b) Households which have their PA eligibility terminated shall retain their originally assigned food stamp certification period, unless the CWD determines it is necessary to shorten the certification period in accordance with Sections 63-504.132(d) and 63-504.15.
.13 Transitional Food Stamp Benefits
.131 If the household receives CalWORKs benefits in the month that CalWORKs eligibility is terminated, the household will receive transitional food stamp benefits for five months after the CalWORKs case closes, unless:
(a) The household moves out of state.
(b) The household loses CalWORKs or food stamp benefits due to a CalWORKs or Food Stamp sanction.
.132 Transitional benefits shall be provided from the 1st of the month following the last month of participation in the CalWORKs program.
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MANUAL LETTER NO. FS-05-01 Effective 1/25/05
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FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-504 (Cont.)
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
(a) Benefits shall be issued in an amount equal to the allotment received in the last month of CalWORKs eligibility, adjusted for the change in household income as a result of termination in the CalWORKs program.
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Example: A household has increased income in February. Due to the increased income, as of March 31, the household will be terminated from CalWORKs. The transitional benefit would be based on the March food stamp budget minus the CalWORKs payment but not including the new or increased income. April 1st would be the beginning of the transitional food stamp period.
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(b) Households are not required to report changes in their circumstances during the transitional period.
If a person leaves the household and is approved for benefits in another food stamp household then that person’s allotment would be removed from the household and the transitional food stamp benefit amount would be adjusted.
The CWD shall adjust the food stamp certification period to coincide with the end of the transitional period.
The county shall notify the household of the change in their certification period in accordance with adequate notice provisions as specified in Section 63-504.2. There are no transitional food stamp benefits beyond the five-month benefit period.
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If the household wants to continue to receive food stamp benefits after the transitional benefit period ends, the household must submit an application for regular food stamp benefits.
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(e) The CWD shall notify the household of the expiration of the transitional benefit period. If transitional food stamp benefits are ending for any reason other than the expiration of the five-month benefit period, the CWD shall provide the household a timely notice of action prior to the termination of transitional benefits.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-05-01 Effective 1/25/05
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FOOD STAMP REGULATIONS
63-504 (Cont.) ELIGIBILITY DETERMINATIONS Regulations
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
.14 Section 63-504.14(MR) shall become inoperative and Section 63-504.14(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director’s QR/PB Declaration.
(MR) Additional Requirements for Establishing Certification Periods for Nonmonthly Reporting Households
(QR) Additional Requirements for Establishing Certification Periods for Change Reporting Households
.141 Section 63-504.141(MR) shall become inoperative and Section 63-504.141(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director’s QR/PB Declaration.
(MR) Nonmonthly reporting households shall be assigned the longest certification period possible based on the predictability of the individual household's circumstances. The certification period shall not exceed 12 months.
(QR) Change reporting and QR households shall be assigned the longest certification period possible based on the predictability of the individual household’s circumstances. The certification period shall not exceed 12 months.
(a) Households shall be certified for one or two months, as appropriate, when the household cannot reasonably predict what its circumstances will be in the near future, or when there is a substantial likelihood of frequent and significant changes in income or household status.
.142 Certification periods for households consisting of all adult members who are elderly or disabled persons may be certified for up to 24 months, provided household circumstances are expected to remain stable. The CWD shall have at least one contact with these households every 12 months. The contact may be in the form of a telephone interview, an in-office interview or some form of a written report.
(a) If children are part of a household in which all other adult members are elderly or disabled, the household may be certified for up to 24 months.
.15 Certification Periods for Households Residing on a Reservation
.151 Section 63-504.151(MR) shall become inoperative and Section 63-504.151(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-04-07 Effective 7/1/04
Page 318.2
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-504 (Cont.)
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
(MR) Monthly reporting households residing on a reservation shall be certified for 24 months.
(QR) Households residing on a reservation shall be certified for 24 months.
.152 When households move off the reservation, the CWD must either continue their certification periods until they would normally expire or shorten the certification period in accordance with Section 63-504.15.
.16 Shortening the Length of the Certification Period
.161 The CWD shall not shorten a household's certification period. The CWD must end a certification if the CWD determines the household becomes ineligible.
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Example: A household’s certification will end by May 31st. However, in March of the same year, the CWD receives information that renders the household ineligible. The CWD cannot send a Notice of Expired Certification to shorten the certification period as a means of discontinuing the household from benefits. The certification period can be ended only if the CWD determines the household is ineligible and an adverse Notice of Action is sent to the household.
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.17 Lengthening the Certification Period
.171 CWDs may lengthen a household’s certification period once it is established, as long as the total months of the certification period do not exceed 24 months for households in which all adult members are elderly or disabled, or 12 months for other households.
.172 If the CWD extends a household’s certification period, it must advise the household in accordance with adequate notice provisions as specified in Section 63504.2.
.2 Notices of Action
.21 General Requirements
.211 All notices of action shall contain the information necessary to be considered adequate. Requirements for specific notices are contained in Sections 63-504.221, 63-504.253 and 63-504.271. To be considered adequate, a notice of action shall:
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63-504 (Cont.) ELIGIBILITY DETERMINATIONS Regulations
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
(a) Explain in easily understandable language:
(1) The proposed action;
(2) The reason for the proposed action;
(3) The household's right to request a state hearing;
(4) The availability of continued benefits and the potential liability of the household for any overissuance received while awaiting a state hearing, if the hearing decision is adverse to the household.
(b) Contain the telephone number to call for additional information. For households living outside the local calling area, a toll-free number or a number where collect calls will be accepted shall be provided.
(c) Advise the household of the availability of free legal representation if there is an individual or organization available that provides these services.
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.212 The CWD may provide the name of a worker to contact.
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.213 A notice of action shall be considered timely if there are at least 10 days from the date the notice is mailed until the effective date of the change.
.22 Approval Actions
When an application is approved, the CWD shall send the household a notice of action as soon as the determination is made, but no later than 30 days after the date of the initial application, unless the household's application was held pending. When a pended application is approved, the notice shall be sent as soon as the determination is made, but no later than the date the household receives their first allotment for the certification period.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-04-07 Effective 7/1/04
Page 320
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-504 (Cont.)
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
.221 The notice of action shall advise the household of the following:
(a) The amount of the allotment;
(b) The beginning and ending dates of the certification period; and
(c) Any anticipated variations in the benefit level based on changes anticipated at the time of certification.
.222 Section 63-504.222(MR) shall become inoperative and Section 63-504.222(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) When the initial allotment includes benefits for both the month of application and the second month's benefits, the notice shall inform the household that this initial allotment includes more than one month's benefits and shall indicate the monthly benefit level for the remainder of the certification period.
(QR) When the initial allotment includes benefits for both the month of application and the second month's benefits, the notice shall inform the household that this initial allotment includes more than one month's benefits and shall indicate the monthly benefit level for the remainder of the certification period for change reporting households or the benefit level for the QR Payment Quarter for QR/PB reporting households.
.223 When a household's application is approved on an expedited basis and verification is postponed, as provided in Section 63-301.54, the notice shall inform the household of the requirements for providing the postponed verification, as specified in Section 63-301.543.
.224 When the household is required to receive notice of the expiration of their certification period at the time of certification, the notice approving their application may be combined with this notice, or separate notices may be sent.
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MANUAL LETTER NO. FS-04-07 Effective 7/1/04
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FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-504 (Cont.)
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
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.225 Section 63-504.225(MR) shall become inoperative and Section 63-504.225(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) The recommended CDSS developed form to use for notification of approval actions is the DFA 377.1 or a County substitute containing all notice requirements.
(QR) The recommended CDSS-developed form to use for notification of approval actions is the DFA 377.1 QR or a county substitute containing all notice requirements.
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.23 Denial Actions
When an application is denied, the CWD shall provide the household with a notice of action explaining the basis for the denial. The notice shall be provided as soon as the determination is made, but no later than 30 days from the date the application was filed, unless the application was held pending. Once a pended application is denied, the notice shall be sent as soon as the determination is made.
.231 If a potentially categorically eligible household is denied NA Food Stamps, the notice shall inform the household to notify the CWD if PA or GA benefits are approved.
.232 If the CWD has elected to deny an application when a delay is caused by the household's failure to take action to complete the application process, as specified in Section 63-301.42, the notice informing the household of the denial action shall be provided no later than 30 days following the date the application was filed.
.233 When the same application is used to determine the household's ineligibility for the month of application and its eligibility for the subsequent month, a combined or separate notice may be used for the denial and approval actions.
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.234 The recommended CDSS developed form to use for notification of denial actions is the DFA 377.1A or a County substitute containing all notice requirements.
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MANUAL LETTER NO. FS-04-07 Effective 7/1/04
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63-504 (Cont.) ELIGIBILITY DETERMINATIONS Regulations
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
.24 Pending Status
When an application is held pending because some action by the CWD is necessary to complete the application process or the CWD was elected to pend all cases regardless of the reason for the delay, the CWD shall provide the household with a notice of action informing the household of the action within the time frames specified in Section 63-301.42 or .431.
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.241 The recommended CDSS developed form to use for notification of the pending status of an application is the DFA 377.1A or a County substitute containing all notice requirements.
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.25 Expiration or Shortening of The Certification Period
.251 Expiration of the Certification Period
The CWD shall provide each household with a notice of the impending expiration of their certification period. Notice shall be given during the next to last month of the certification period, except as specified under the following circumstances.
(a) Notice is not required for a PA household whose application for Food Stamps and PA benefits was jointly processed, if the household is recertified for Food Stamps at the same time as the PA redetermination, provided the redetermination occurs in the month prior to the last month of the certification period.
(b) Notice is required at certification if a household is certified initially for a one or two month period, and the certification is completed in the month following the month of application.
.252 Shortening the Certification Period
The CWD shall provide notice of action to each household whose certification period is shortened, as specified in Section 63-504.14. The notice may be sent at any time during the month in which the change in household circumstances requiring recertification occurred or was reported. However, it must be received by the household no later than the first day of the last month of the shortened certification period.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-94-02 Effective 2/1/94
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FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-504 (Cont.)
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
.253 Notice Requirements
The notice of action sent to inform the household of the expiration or shortening of their certification period shall advise the household of the following:
(a) The date the current or shortened certification period ends;
(b) The date by which the household must file an application for recertification to receive uninterrupted benefits;
(c) That the household must appear for any interview scheduled on or after the date the application is timely filed in order to receive uninterrupted benefits;
(d) That the household is responsible for rescheduling any missed interview;
(e) That the household must complete the interview and provide all required verification in order to receive uninterrupted benefits;
(f) The number of days the household has for submitting missing verification if the household is informed at the interview of any further verification needed to receive uninterrupted benefits;
(g) The household's right to request an application and submit an application to the CWD as long as it is signed and contains a legible name and address;
(h) The address of the office where the application must be filed;
(i) The consequences of failure to comply with the notice of expiration;
(j) The household's right to file the application by mail or through an authorized representative; and
(k) The household's right to request a state hearing.
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.254 Handbook Section 63-504.254(MR) shall become inoperative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) The recommended CDSS developed form to use for notification of the expiration or shortening of a certification period is the DFA 377.2 or a County substitute containing all notice requirements.
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CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-05-03 Effective 8/5/05
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FOOD STAMP REGULATIONS
63-504 (Cont.) ELIGIBILITY DETERMINATIONS Regulations
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
.26 Changes in Eligibility Status or Benefit Levels
The CWD shall provide a notice of action to inform a household of any change in eligibility status or benefit level during their certification period.
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Handbook Section 63-504.26(MR) shall become inoperative and Handbook Section 63-504.26(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) The Department of Social Services and the CWDs are permanently enjoined by court order in Saldivar v. McMahon from implementing MPP 22-022(j). Therefore, the CWDs are to continue to provide timely and adequate notice in all instances where the proposed action would result in a discontinuance or reduction of benefits due to a late or incomplete CA 7.
(QR) The Department of Social Services and the CWDs are permanently enjoined by court order in Saldivar v. McMahon from implementing MPP Sections 22-071 and 22-072. Therefore, the CWDs are to continue to provide timely and adequate notice in all instances where the proposed action would result in a discontinuance or reduction of benefits due to a late or incomplete QR 7.
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.261 Adverse Actions
Timely notice shall be provided to a household prior to any action to reduce or terminate its benefits within the certification period, except as specified in Sections 63-504.264, .266, and .267. If a hearing officer determines that an overissuance claim exists, the household must be renotified of the claim, and delinquency is based on the due date of the subsequent notice and not the initial pre-hearing demand letter sent to the household.
.262 Increased Benefits
Adequate notice shall be provided to a household whenever benefits are increased as a result of a reported change no later than the date the increased benefits are received.
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MANUAL LETTER NO. FS-05-03 Effective 8/5/05
Page 322.2
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-504 (Cont.)
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
.263 Proposed Change in Benefits
Section 63-504.263(MR) shall become inoperative and Section 63-504.263(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) Notice of a proposed change in benefits shall be sent to a monthly reporting household that fails to submit verification/information of a deduction with a CA 7 that is otherwise complete as specified in Section 63-504.32, or submits a CA 7 that contains questionable information as defined in Section 63-300.53.
(QR) Notice of a proposed change in benefits shall be sent to a QR household that fails to submit verification/information of a deduction with a QR 7 that is otherwise complete as specified in Section 63-504.32, or submits a QR 7 that contains questionable information as defined in Section 63-300.53.
(a) Section 63-504.263(a)(MR) shall become inoperative and Section 63-504.263(a)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) The notice of action shall be sent no later than 10 days before the end of the report month. The household shall be given until the extended filing date to provide the missing verification/information.
(QR) The notice of action shall be sent no later than 10 days before the end of the Submit Month. The household shall be given until the extended filing date to provide the missing verification/information.
(b) Section 63-504.263(b)(MR) shall become inoperative and Section 63-504.263(b)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) If the household submits a CA 7 after the CWD has mailed the notice specified in Section 63-504.27, the CWD need not provide a notice informing the household of a proposed change in benefits.
(QR) If the household submits a QR 7 after the CWD has mailed the notice specified in Section 63-504.27, the CWD need not provide a notice informing the household of a proposed change in benefits.
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MANUAL LETTER NO. FS-04-07 Effective 7/1/04
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FOOD STAMP REGULATIONS
63-504 (Cont.) ELIGIBILITY DETERMINATIONS Regulations
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
(c) If the household submits incomplete verification/information after the CWD has mailed a notice informing the household of a proposed change in benefits, the CWD need not provide a second notice.
.264 Section 63-504.264 et seq.(MR) shall become inoperative and Section 63-504.264 et seq.(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) Notification to Monthly Reporting Households
(QR) Notification to Quarterly Reporting Households
(MR) The CWD shall provide a notice of action to a monthly reporting household to inform them of any increase or decrease in benefits or any suspension of benefits as specified in Section 63-504.37, resulting from information reported by the household on the CA 7.
(QR) The CWD shall provide a notice of action to a QR household to inform them of any increase or decrease in benefits as specified in Section 63-504.37, resulting from information reported by the household on the QR 7.
(MR) (a) Notice shall be provided to a household which submits a complete CA 7, including all required verification, to the CWD by the 11th of the report month:
(QR) (a) Notice shall be provided to a household which submits a complete QR 7, including all required verification, to the CWD by the 11th of the submit month:
(1) At least 10 days before the effective date of a decrease in benefits; or
(2) No later than the date of receipt for an increase in benefits.
(MR) (b) Notice shall be provided to a household which submits a complete CA 7 after the 11th of the report month and by the extended filing date no later than the household's normal or delayed issuance date.
(QR) (b) Notice shall be provided to a household which submits a complete QR 7 after the 11th of the submit month and by the extended filing date no later than the household's normal or delayed issuance date.
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MANUAL LETTER NO. FS-04-07 Effective 7/1/04
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FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-504 (Cont.)
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
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.265 Section 63-504.265(MR) shall become inoperative and Section 63-504.265(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) The recommended CDSS developed form to use for notification of changes in eligibility status or benefit levels, or the suspension of benefits, is the DFA 377.4 or a County substitute containing all notice requirements.
(QR) The recommended CDSS-developed form to use for notification of changes in eligibility status or benefit levels is the DFA 377.4 QR or a county substitute containing all notice requirements.
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.266 Exemptions from Providing a Notice of Action
A notice of action is not required when:
(a) The CWD determines, based on reliable information, that all members of a household have died.
(b) The CWD determines, based on reliable information, that the household has moved out of the county.
(c) The household has been receiving an increased allotment because of restoration of lost benefits, the restoration is complete, and the household was previously notified in writing of when the increased allotment would terminate.
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MANUAL LETTER NO. FS-04-07 Effective 7/1/04
Page 324.1
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FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-504 (Cont.)
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
(d) Section 63-504.266(d)(MR) shall become inoperative and Section 63-504.266(d)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) The monthly reporting household's allotment varies from month to month during the beginning months to take into account changes which were estimated at the time of certification and the household was so notified at the time of certification.
(QR) The QR household's allotment is adjusted to take into account changes which were anticipated at the time of certification and the household was so notified at the time of certification.
(e) Section 63-504.266(e)(MR) shall become inoperative and Section 63-504.266(e)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) The nonmonthly reporting household's allotment varies from month to month within the certification period to take into account changes which were anticipated at the time of certification, and the household was so notified at the time of certification.
(QR) The change reporting household's allotment varies from month to month within the certification period to take into account changes which were anticipated at the time of certification, and the household was so notified at the time of certification.
(f) The household jointly applied for PA and food stamp benefits and has been receiving food stamp benefits pending the approval of the PA grant and was notified at the time of certification that food stamp benefits may be reduced or terminated.
(g) Converting a household from voluntary repayment to allotment benefit reduction as a result of failure to make agreed to repayments.
(h) A household's participation in the Food Stamp Program is terminated because the household failed to provide verification which was postponed for expedited service.
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-05-03 Effective 8/5/05
Page 325
FOOD STAMP REGULATIONS
63-504 (Cont.) ELIGIBILITY DETERMINATIONS Regulations
63-504 HOUSEHOLD CERTIFICATION AND CONTINUING ELIGIBILITY 63-504
(Continued)
(i) A household's participation in the Food Stamp Program is terminated because it failed to respond to a notice of action informing them of the expiration of their certification period.
(j) Section 63-504.266(j)(MR) shall become inoperative and Section 63-504.266(j)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) A household's participation in the Food Stamp Program is terminated as specified in Section 63-504.33, because the household failed to respond to the notice of action informing them of the nonreceipt of the CA 7 by filing a complete CA 7 by the extended filing date.
(QR) A household's participation in the Food Stamp Program is terminated as specified in Section 63-508.6, because the household failed to respond to the notice of action informing them of the nonreceipt of the QR 7 by filing a complete QR 7 by the extended filing date.
(k) The CWD elects to use mass change notices to inform households of the types of mass changes specified in Sections 63-504.391 or .392.
.267 Exemptions from Providing a Timely Notice of Action
The CWD shall provide an adequate only notice of action as specified in Section 63-504.211, at the time of the allotment change when:
(a) The CWD elects to use notices of action to inform households of the mass changes specified in Sections 63-504.391 and .392. A CWD electing to send mass change notices instead of notices of action is referred to Section 63-102m.(2).
(b) A household member has applied, been determined eligible for, and is in receipt of SSI/SSP benefits.
(c) The CWD is terminating the eligibility of a resident of a drug or alcoholic treatment center or a group living arrangement if the facility loses either its certification from the appropriate agency of the state, or has its status as an authorized representative suspended due to FNS disqualifying it as a retailer.
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(d) A household member is disqualified for intentional Program violation, in accordance with CDSS' Manual of Policies and Procedures, Division 20, Chapter 20-300, or the allotments of the remaining household members are reduced or terminated to reflect the disqualification of that household member. The notice requirements for individuals or households affected by intentional Program violation disqualifications shall be in accordance with CDSS' Manual of Policies and Procedures, Division 20, Chapter 20-300.
(e) A household's benefits are reduced or terminated as a result of:
(1) The household responding to a notice of action requesting verification which was postponed for expedited service.
(2) Section 63-504.267(e)(2)(MR) shall become inoperative and Section 63-504.267(e)(2)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) The household responding to a notice of action requesting the household to submit a complete CA 7 by the extended filing date.
(QR) The household responding to a notice of action requesting the household to submit a complete QR 7 by the extended filing date.
HANDBOOK BEGINS HERE
(A) Under the Saldivar v. McMahon court order CWDs are to continue to provide timely and adequate notice.
HANDBOOK ENDS HERE
(3) The household responding to a notice of action requesting the household to submit missing verification or additional verification/clarification of questionable information, as specified in Section 63-504.263.
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HANDBOOK BEGINS HERE
(A) Under the Saldivar v. McMahon court order CWDs are to continue to provide timely and adequate notice.
HANDBOOK ENDS HERE
(4) The household failing to respond to a notice of action requesting missing verification, as specified in Section 63-504.34.
(f) The household voluntarily requests, in writing or in the presence of an EW, that its participation be terminated. If the household does not provide a written request, the CWD shall send the household a letter confirming the voluntary withdrawal. Written confirmation does not entail the same rights as a notice of action except that the household may request a state hearing.
(g) The CWD determines, based on reliable information, that the household will not be residing in the county and, therefore, will be unable to obtain its next allotment.
.27 Sections 63-504.27 et seq.(MR) shall become inoperative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
CA 7 Not Received/CA 7 Incomplete
HANDBOOK BEGINS HERE
See handbook section in 63-504.26 for Saldivar v. McMahon court order requirements for timely and adequate notice.
HANDBOOK ENDS HERE
The CWD shall provide a notice of action to a monthly reporting household which fails to file a CA 7 by the 11th of the report month or files an incomplete CA 7.
(MR) .271 The notice of action shall inform the household:
(MR) (a) That the CA 7 either is overdue or incomplete;
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(MR) (b) What the household must do to complete the CA 7;
(MR) (c) If any verification is missing and the effect on the household's benefits level;
(MR) (d) That the SSN of a new member must be reported;
(MR) (e) What the extended filing date is; and
(MR) (f) That the CWD will assist the household in completing the report.
(MR) .272 The CWD shall send the notice of action no later than 10 days before the end of the report month and give the household until the extended filing date, as specified in Section 63-504.33, to file a complete CA 7. If a complete CA 7 is received after the 11th of the report month, but prior to the mailing of the notice, the notice shall not be sent.
(MR) .273 If a household responds to the notice of action by submitting an incomplete CA 7, the CWD need not provide a second notice to the household.
HANDBOOK BEGINS HERE
(MR) .274 The recommended CDSS developed forms to use in notifying households of a missing or incomplete CA 7 are the NA 960X or NA 960Y, respectively or a County substitute containing all notice requirements.
HANDBOOK ENDS HERE
.3 Sections 63-504.3 et seq.(MR) shall become inoperative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.
(MR) Monthly Reporting
(MR) The CWD, at the time of the application interview, shall determine which households are subject to monthly reporting requirements, as specified in Section 63-505.2. The CWD shall provide all monthly reporting households with the CA 7 for reporting the information and changes required by Section 63-505.3. The CWD shall provide assistance in completing and filing the CA 7 to households whose adult members are all either mentally or physically disabled, non-English speaking or lacking in reading and writing skills such that they cannot complete and file the CA 7. The CWD shall require monthly reporting households to submit a complete CA 7 by the 5th of each report month. Recipient due dates and CWD time limits shall be modified by Section 63-102c.
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(MR) .31 CWD Action on the CA 7
(MR) .311 Upon receiving the CA 7 the CWD shall:
(MR) (a) Review the report to ensure completeness and consider the report incomplete if it does not meet the criteria for a complete CA 7, as defined in Section 63-504.32.
(MR) (b) Determine those items which will require additional verification and/or clarification, in accordance with Section 63-504.34.
(MR) (c) Notify the household, as specified in Section 63-504.33, of the need to correct an incomplete or inaccurate CA 7, and/or submit additional verification/clarification, as required by Section 63-504.34.
(MR) (d) Determine the household's eligibility prospectively by considering all factors, including income, in accordance with Section 63-503.321(a).
(MR) (e) Determine the household's level of benefits based on actual information reported on the CA 7 and household composition determined as of the issuance month, in accordance with Section 63-503.3. In calculating the household's benefit level, the following income and deductions shall be considered:
(MR) (1) Nonexcluded earned and unearned income received in the corresponding budget month, including the earned income of an elementary or secondary school student only if the student is 18 years of age or older at the beginning of the budget month except as specified in Section 63-407(a)(4)(A). The CWD shall use the actual amount received by the household to compute benefits, except as provided in Section 63-503.22.
(MR) (2) Allowable deductions as billed or averaged from the corresponding budget month, including those shelter costs billed less often than monthly which the household has chosen to average.
(MR) (f) Issue benefits, in accordance with the time frames set forth in Section 63-504.38.
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(MR) .32 Complete CA 7
The CWD shall consider the CA 7 complete if all of the following requirements are met.
(MR) .321 The CA 7 is dated no earlier than the first day of the report month.
(MR) (a) This requirement shall be met when the date entered on the CA 7, together with other dated material provided with the CA 7, and the date on which the CWD mailed or gave the CA 7 to the household clearly establishes the month and year to which the CA 7 applies.
(MR) (b) This requirement shall not apply when:
(MR) (1) The first day of the report month falls on a nonpostal delivery day;
(MR) (2) The CA 7 is mailed by the CWD for delivery on the last postal delivery day of the budget month; and
(MR) (3) The recipient signs and dates the CA 7 on or before the last day of the budget month.
(MR) .322 The CA 7 provides the CWD with address (location) information sufficient to locate the household, however, households which do not have a fixed address shall not have their CA 7s rendered incomplete solely for this reason.
(MR) .323 The CA 7 is signed by the head of the household, authorized representative, or responsible household member. The PA caretaker relative, natural or adoptive parent, if not one of the above, shall not satisfy this requirement.
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(MR) .324 All questions and items pertaining to food stamp eligibility are fully answered and provide the CWD with the information to correctly determine eligibility and benefit level, except as specified in Sections 63-504.324(c) and (d) and Section 63-505.311.
(MR) (a) To be considered fully answered, information on the CA 7 together with attached documentation must provide sufficient information to allow for the determination of eligibility and/or benefit level.
(MR) (b) Questions on the CA 7 shall not be considered fully answered if situations such as, but not limited to the following, exist:
(MR) (1) The CA 7 does not include information on changes that the household has previously reported to have occurred; for example, an actual change that the household reported to the CWD by telephone was not included on the CA 7 unless the appropriate case action has already been taken.
(MR) (2) The CA 7 does not include information that was reported on the previous CA 7 and the household does not indicate a change has occurred, e.g., the household previously reported earnings from two sources and this month reports earnings from one source but does not explain the change.
(MR) (c) If elements pertaining to one program's requirements are missing from the CA 7, the CA 7 shall be considered incomplete for that program only.
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(MR) (d) The CWD shall not consider the CA 7 incomplete if information regarding child/spousal support disregard payments has not been included.
(MR) .325 Verification is provided for gross nonexcluded earned income each month and nonexcluded unearned income when first reported and when there is a change in the amount of income received, except as specified in Sections 63-505.311, and 63-504.325(a).
(MR) (a) For child/spousal support disregard payments, the agency record shall be the verification.
(MR) .326 Verification is provided for the source of all excluded income when first reported and when there is a change in the source of the income.
(MR) .33 CWD Action on an Incomplete CA 7
HANDBOOK BEGINS HERE
(MR) (a) See handbook section in 63-504.26 for Saldivar v. McMahon court order requirements for timely and adequate notice.
HANDBOOK ENDS HERE
(MR) (b) After notifying the household as specified in Section 63-504.27, the CWD shall allow the household until the extended filing date to file a complete CA 7.
(MR) (c) The household's participation shall be terminated effective the end of the report month, as specified in Section 63-504.36, if the household fails to file a complete CA 7 by the extended filing date.
(MR) .34 CWD Action on a Complete CA 7 Requiring Additional Verification/Information
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(Continued)
HANDBOOK BEGINS HERE
See handbook section in 63-504.26 for Saldivar v. McMahon court order requirements for timely and adequate notice.
HANDBOOK ENDS HERE
If the household submits a CA 7 by the date the CWD mails the notification of the missing CA 7, but fails to provide the required verification/information with the CA 7, the CWD shall notify the household as specified in Section 63-504.26 of the need to submit the missing verification/information by the extended filing date. The CWD shall not delay benefits if the missing verification/information is for a deduction. If the household fails to provide the missing verification/information, other than for income, by the extended filing date, the CWD shall not consider the CA 7 incomplete. Any deductions for which the verification/information is missing shall be disallowed. Items specified in Sections 63-504.341(g) and (h) shall be handled as specified in Section 63-504.342.
(MR) .341 The household shall provide with the CA 7 verification of the following items:
(MR) (a) Dependent care costs which have changed since the last report or when there is questionable information which is inaccurate, incomplete, outdated, or inconsistent;
(MR) (b) If the household voluntarily reports a change in its medical expenses and fails to verify the change as specified in Section 63-504.421, and that change would increase the household's allotment, the CWD shall not make the change. The CWD shall act on reported changes without requiring verification if the changes would decrease the households allotment or make the household ineligible, although verification which is required as specified in Section 63-504.421 shall be obtained prior to the household's recertification.
(MR) (c) Utility costs which entitle the household to the standard utility allowance (SUA). The household shall provide verification of these costs when first allowed entitlement to the SUA and when the household moves;
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(MR) (d) Actual utility costs, if the household is claiming the actual expenses, when first allowed as a deduction, and when there is a move;
(MR) (e) All expenses incurred in producing self-employment income;
(MR) (f) Residency as defined in Section 63-401 when there is a change;
(MR) (g) Social Security numbers or citizenship or alien status for household members when there is a change.
(MR) (h) A change in the legal obligation to pay child support to a person not in the food stamp household, as specified in Section 63-502.37, and/or an increase in the amount of child support payments.
(MR) .342 The CWD may elect to require verification of housing costs when first allowed as a deduction and when there is a move, as specified in Section 63-300.52.
(MR) .343 If the household submits information and/or verification with the CA 7 which the CWD determines to be questionable, as specified in Section 63-300.53, the CWD shall notify the household as specified in Section 63-504.26. The household shall be allowed until the extended filing date to submit the necessary verification/clarification. If the household fails to submit the necessary verification/clarification by the extended filing date, the CWD shall act on the reported information if it results in a decrease in benefits, or not act on the reported information if it results in an increase.
(MR) .344 The CWD shall contact the household as needed to obtain further information on specific items. These items include, but are not limited to:
(MR) (a) The effect of a reported change in resources on a household's total resources; and
(MR) (b) The effect of a reported change in household composition or loss of job or source of earned income on the applicability of the work registration or voluntary quit requirements.
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