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Collection of Overissuances from Adult Household Members |
QUESTION Can the county collect from any
adult member present in the household at the time of an overissuance,
including adult children, but not collect from children who leave the case
and establish their own household? ANSWER Yes. All adult household members, including children who are adults in the household, are liable for any overissuances that occurred while they were in the household. Per Section 63-451.1, a claim shall be established against any household that has received more CalFresh benefits than it is entitled to receive or to any household which contains an adult member who was an adult member of another household that received more CalFresh benefits than it was entitled to receive. While minor children are not liable for overissuances, if the household consists of all minors, a collection action can be initiated against a household whose only eligible members are minors. However, if a minor leaves an “all minor” household, that minor is not liable for the overissuance. ACIN I-16-05 |
CASE SCENARIO: A household consists of three adult sisters and five children all receiving CalFresh. An overissuance occurs and collection activity begins. Two of the adult sisters and their children move out of the home leaving only one sister and two children active (Case A). One sister moves in with her boyfriend who is receiving CalFresh with his mother and brother (Case B). Collecting activity now begins in Case B as the sister that was active in Case A is now active in Case B. QUESTION: Can we collect from both cases at the same time for one claim? Per Section 63-451.2, we can collect from all adults who were in the household when the overissuance occurred, and at the same time for the same claim? According to this section, claim collection will be from all adults who were in the household when the overissuance occurred. ANSWER: Yes. The worker can collect from two separate cases at the same time for the same claim as long as each case consists of an adult member who was an adult member of another household that received more CalFresh benefits than it was entitled to receive. A collection can be initiated in a new CalFresh household (Case B) if the “liable” member moves to a new household. The worker shall establish a claim against any household that has received more CalFresh benefits than it is entitled to receive or any household which contains an adult member who was an adult member of another household that received more CalFresh benefits than it was entitled to receive. ACIN I-58-08 |
Collection of Overissuances from Excluded Household Members Including SSI/SSP Recipients |
QUESTION Can the county demand repayment from an excluded
household member such as an SSI/SSP recipient or an undocumented person? ANSWER Yes,
but for excluded household members other than SSI/SSP members. Federal
regulations state adult members of the household are responsible for
overissuances. Excluded household
members, are part of the household, but not currently receiving benefits due
to ineligibility status, such as being sanctioned, having SSI status or
having drug/fleeing felon status (please refer to Section
63-101.6). Given the fact that they are adults and
considered part of the household and could have caused the overissuance,
excluded household members not currently in a status to be receiving
benefits, are responsible for repayment of a claim. Although SSI/SSP recipients may be responsible for the overissuance, repayment cannot be demanded from the SSI/SSP benefit. Repayment can be demanded from the other excluded adult household members. |
Calculating Overissuance of Household with Self-Employment and Regular Earnings |
A CalFresh household member receiving
benefits since 2002 has been reporting earned income from her full-time
job. Three years later an Income
Eligibility Verification System (IEVS) report showed the household member has
also been working as self-employed, paid in cash. The worker received a copy of the household
member’s tax forms from IRS showing the annual income the household did not
report to the county. QUESTION Since this household member has two
different incomes, what is the correct methodology to determine the overissuance? ANSWER Based on Section 63-241.5, which states
“Self-employment must be averaged over the period of time the income is
intended to cover....,” it is appropriate to average self-employment income
over the year it was received. That
monthly figure is considered gross self-employment income. The self-employed income needs to be
computed separately from income earned on the job to arrive at a “net gross”
self-employment income amount. The preferred
methodology to determine the overissuance in this case is as follows:
ACIN I-96-06 |
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