Section 18927 - Reduction of benefits to recover overissuance caused by intentional program violation(a) Current and future CalFresh benefits shall be reduced in accordance with subdivisions (c) and (d) to recover an overissuance caused by intentional program violation, as defined in subdivision (c) of Section 273.16 of Title 7 of the Code of Federal Regulations, fraud, or inadvertent household error.(b) Current and future CalFresh benefits shall be reduced in accordance with subdivisions (c) and (d) to recover an overissuance caused by administrative error if required by federal law or if the overissuance exceeds one hundred twenty-five dollars ($125), or a higher amount that is approved by the United States Department of Agriculture. Any higher amount shall be implemented when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this provision.(c) A household's CalFresh benefits shall not be reduced to recover an overissuance as required or authorized by subdivision (a) or (b) unless the household receives adequate and timely notice of the overissuance, including, but not limited to, the budget worksheet that includes the amount and calculation of the overissuance and the reason for the overissuance.(d)(1) In recovering an overissuance caused by administrative error, a recipient household's monthly CalFresh benefits shall not be reduced by more than 5 percent of the household's monthly CalFresh benefits or ten dollars ($10), whichever is greater, unless the recipient elects for the benefits to be reduced at a higher rate.(2) In recovering an overissuance caused by inadvertent household error, a recipient household's monthly CalFresh benefits shall not be reduced by more than 10 percent of the household's monthly CalFresh benefits or ten dollars ($10), whichever is greater.(3) In recovering an overissuance caused by intentional program violation, as defined in subdivision (c) of Section 273.16 of Title 7 of the Code of Federal Regulations, or fraud, a recipient household's monthly CalFresh benefits shall be reduced by 20 percent of the household's monthly CalFresh benefit or twenty dollars ($20), whichever is greater.(e) If a household is no longer receiving CalFresh benefits, a CalFresh overissuance caused by administrative error or inadvertent household error shall not be established, and collection shall not be attempted, if the overissuance is less than four hundred dollars ($400), or a higher amount that is approved by the United States Department of Agriculture. Any higher amount shall be implemented when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this provision.(f)(1) No later than January 1, 2021, the department shall develop a policy for compromising administrative error claims, in whole or in part, for households that include at least one elderly or disabled member, including, but not limited to, recipients of Supplemental Security Income benefits.(2) The department will implement the policy specified in paragraph (1) on December 31, 2023, or when implementation of the single Statewide Automated Welfare System automation is confirmed, whichever is later.(g) If a household is no longer receiving CalFresh benefits, collection shall be attempted if the overissuance is caused by inadvertent household error and the overissuance is equal to or greater than the amount established for overissuances caused by administrative error, as specified in subdivision (e). All overissuances caused by intentional program violation, as defined in subdivision (c) of Section 273.16 of Title 7 of the Code of Federal Regulations, or fraud shall be collected as required by federal law.(h) When an overissuance collection is attempted, reasonable cost-effective methods of collection shall be implemented. The department shall define reasonable cost-effective collection methods, which shall include adequate and timely notice of the overissuance, including, but not limited to, all of the following: (1) The amount and calculation of, and reason for, the overissuance.(2) A statement of the monetary threshold described in this subdivision.(3) Information about how to appeal the overissuance.(4) Instructions for timely commencement of repayment.(5) Consequences of delinquent payment.(i) Nothing in this section shall prevent a county from writing off or terminating an overissuance claim when it meets the provisions of paragraph (8) of subdivision (e) of Section 273.18 of Title 7 of the Code of Federal Regulations, or as otherwise authorized by the United States Department of Agriculture or federal law.(j) Nothing in this section shall prevent a county or the state from collecting all overissuances that are identified during a quality control review, as required by Section 275.12 of Title 7 of the Code of Federal Regulations.(k) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section through all-county letters or similar instructions from the director no later than January 1, 2014, to allow for automation updates required by this section to be made in coordination with other scheduled updates.Ca. Welf. and Inst. Code § 18927
Amended by Stats 2020 ch 11 (AB 79),s 91, eff. 6/29/2020.Amended by Stats 2019 ch 550 (SB 490),s 2, eff. 1/1/2020.Amended by Stats 2017 ch 388 (SB 278),s 1, eff. 1/1/2018.Added by Stats 2012 ch 491 (SB 1391),s 2, eff. 1/1/2013.