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Modified Categorical Eligibility (MCE)
The CDSS implemented the MCE program to increase participation in CalFresh.
Santa Clara County established the MCE program effective July 1, 2009, for intake and continuing NACF households who have a child under the age of 18 and, except for the resources, meet all other CalFresh eligibility requirements.
Effective February 1, 2011, the MCE program is expanded to ALL NACF households, who meet all other CalFresh eligibility requirements.
AB 191 requires implementation of a program of CE for CalFresh effective January 1, 2014, for any household that includes a member who receives, or is eligible to receive assistance under the Medi-Cal program.
AB 191 also requires the use of the maximum federal gross income limit (200 percent (%) of the FPL) allowable for conferring Medi-Cal CE via a non-cash TANF/CalWORKs)/MOE-funded service.
AB 191 became inoperative as of June 30, 2014.
With the passage of SB 855, effective July 1, 2014, all NACF households with gross income at or below 200% of the FPL, must be conferred MCE status if they are issued or have online access to the Temporary Assistance to Needy Families (TANF)-“Family Planning-PUB 275” brochure and meet all other conditions of eligibility for CalFresh.
It is essential that the case be documented indicating that the income requirement (200% of the FPL) for the TANF-funded service is satisfied before MCE can be conferred. Receipt of the PUB 275 does not, in itself, confer MCE to a household.
Note: Resource verification is not required for MCE. Cases conferred MCE eligible will not be denied or discontinued when verification of the resources is not provided.
Ineligibility for MCE
The NACF households that have been approved for CalFresh as MCE are subject to the same conditions that result in ineligibility as all other CE households. Households containing any of the following members are NOT categorically eligible and are subject to all CF eligibility requirements including 130% Gross Income and resource limit:
- Any HH member disqualified for an IPV
- The head of HH does not comply with work requirements
- Any member of a household who has been convicted of a drug-related felony and are in violation of parole or probation related to that drug felony.
Note: With the passage of AB 1468 which removes the drug felon ban in California effective April 1, 2015, any member of a household that has been convicted of a drug-related felony is no longer excluded from MCE unless, any member is in violation of parole/probation.
A household may be conferred MCE status once it is determined that the sanction period has expired and the household meets all other conditions of MCE eligibility.
Continuing Cases
Effective July 1, 2014, if it is discovered that a continuing CalFresh case (that was conferred MCE) has gross income exceeding 130 percent of the FPL but not over 200 percent, the household is still MCE-eligible.
When a household reports a change that is considered VUR, submit SAR 7 or recertification, the household must be reevaluated to determine if the net income meets the eligibility standards for the household size.
When a continuing CalFresh case (that previously received or had on-line access to the PUB 275) exceeds the gross income limit requirement for MCE (200% of the FPL), the household is no longer considered eligible for the TANF-funded service, and is no longer MCE eligible.
For households of three or more if their net income exceeds the maximum amount allowable, and there is no corresponding amount listed in the benefit of issuance table, the household must be discontinued.
A notice of action must be sent within 10 days of the date the change was reported and the case must be terminated no later than the end of the month for which the timely notice was issued. It is critical that the case record reflects that MCE eligibility no longer exists, and that the household’s CalFresh eligibility has ended, in that chronological order.
Examples of MCE Determination
Non E/D Household with Gross Income Below 200 Percent FPL
A CalFresh applicant completes an application packet (or completes an online application). Included in the application packet (or on a linked web-site) is the PUB 275 (Family Planning brochure). During the intake interview, it is determined that the household’s gross income does not exceed 200 percent of the FPL for its household size. Therefore, the household can be considered MCE-eligible because the gross income did not exceed the maximum allowable for the TANF-funded service and they have received the PUB 275. All other conditions of eligibility must be met before CalFresh benefits can be issued.
A household reported an increase in earned income on October 12. A notice of action is sent to the household on October 20 stating the household would be terminated on October 31 because their gross income for the household was over the threshold and their MCE status was removed. The individual case record must first document that the household’s gross income exceeded the limit for the TANF-funded service (PUB 275) and that MCE status no longer exists, even if the PUB 275 was provided to the household.
A SAR household’s payment period is January through June. The household reports an increase in income on February 7 which makes the household ineligible for MCE because the gross income for the household has been exceeded for its size. The household must be sent a notice of action stating the case will be terminated as of February 28/29 because their gross income for the household was over the threshold and their MCE status was removed.
MCE Determination for Elderly/Disabled Households
Households that contain at least one E/D member with gross income at or below 200% of the FPL, must be conferred MCE status if they are issued or have online access to the Temporary Assistance to Needy Families (TANF) -“Family Planning-PUB 275” brochure and meet all other conditions of eligibility for CalFresh.
However, when an E/D household is ineligible for MCE, the EW must determine whether the household is eligible for regular CalFresh based on net income and resource limit.
The following are examples of MCE determination for Elderly/Disabled Households:
An elderly/disabled household has $4000 in countable resources and has a gross income under 200% FPL for its size. The PUB 275 is provided and the HH is MCE eligible. Since MCE is conferred, the resources are not considered for CF eligibility, even if the resources exceed the limit of $3,250. The household is CalFresh eligible.
An elderly/disabled household has $2,500 in countable resources and has a gross income exceeding the 200% FPL. Since the household's gross income is over 200% FPL, the HH is not considered to be MCE eligible. However, since this HH is not subject to the gross income test under CalFresh regulations, the fact that the HH's income is over 200% FPL does not make the HH ineligible for CF. The eligibility must be reviewed as a regular Elderly/Disabled HH based on all eligibility factors.
An elderly/disabled household has $5,000 in countable resources and has a gross income exceeding the 200% FPL. The household is not considered to be eligible for MCE because the income is over the 200% FPL. Since the resources are also over the resource limit, the household is not eligible for CalFresh.
Minimum Allotment
Households of one or two persons that have been conferred MCE status are entitled to the minimum CalFresh benefit even though the household’s net income exceeds the maximum allowable regardless of the bracketed amounts displayed in the benefit of issuance tables
MCE households of three or more persons are entitled to the allotment amount indicated in the benefit issuance table by the household size even if the household’s net income exceeds the maximum amount allowable. However, if according to the Benefit Issuance Table these households are entitled to a zero benefit amount in the initial month, such cases must be denied due to net income exceeding the level at which benefits are issued. Refer to Benefit Issuance Table.
A household of one or two persons completes an application. Included in the application packet is the PUB 275. During the intake interview, it is determined that the household has gross income that does not exceed 200% of the FPL for its household size. Therefore, because the household has received the PUB 275, it can be considered to be MCE eligible as the gross income does not exceed the maximum amount allowable for the TANF-funded service.
During the determination of the household’s benefit allotment, it is determined that the household’s net income exceeds the maximum amount allowable for its household size. Households of one or two persons that have been conferred MCE status will be entitled to the minimum CalFresh benefit even though the household’s net income exceeds the maximum amount allowable for their household size.
A household of three or more persons completes an application. Included in the application packet (or on a linked web-site) is the PUB 275. During the intake interview, it is determined that the household has gross income that does not exceed 200% of the FPL for its household size. Therefore, because the household has received the PUB 275, it can be considered to be MCE eligible as the gross income does not exceed the maximum amount allowable for the TANF-funded service.
During the determination of the household’s benefit allotment, it is determined that the household’s net income exceeds the maximum amount allowable for its household size. Households of three or more persons that have been conferred MCE status will be entitled to the allotment amount indicated in the table of benefit issuance by household size even if the household’s net income exceeds the maximum amount allowable.
Zero Benefit Cases
For CE or MCE households of three or more members which are entitled to no benefits (no corresponding amount in the benefit of issuance table), these household must be denied.
If a CE or MCE household of three or more has made a mandatory or VUR reported change in gross income and/or allowable expenses that causes their net income to increase to the point where they no longer qualify to receive any benefits, the county will discontinue the CalFresh program as a result of the net income exceeding the level at which benefits are issued.
For those MCE households being recertified that would receive no benefits due to their net income, the county will deny the recertification application because the household’s net income exceeds the level at which benefits are issued.
If the household has an E/D member in it, the EW must determine regular CalFresh eligibility (including countable resources, but with no gross income test).
Reminder: No issuance of less than $10 shall be made in the month of application for all households, including those that are considered MCE, regardless of the size of the household and the amount shown in the Tables of Benefit Issuance. This includes, but is not limited to, a household whose benefit is prorated and results in a CalFresh allotment of less than $10.
Recertification
Household’s categorical eligibility (traditional or modified) is required to be re-established at recertification. Worker must document the case Maintain Case Comments window, the determination of MCE as specified in Case Narration.
Expedited Service
The resources of an MCE HH are still considered when determining eligibility for Expedited Service. However, once regular CalFresh benefits are approved, resources are exempt IF the household is conferred MCE eligibility.
“Family Planning-PUB 275”
In California, 200% of the FPL has been established as the maximum gross income that a household can have in order to have MCE conferred through receipt of the PUB 275. Receipt of the PUB 275 exempts all resources in the determination of eligibility for households who meet all other CalFresh eligibility requirements.
Receipt of the PUB 275 does not, in itself, confer MCE to a household.
Case Narration
Case Narration on MCE determination is essential.
Workers must document in the Maintain Case Comments window, the determination of MCE in the following chronological order.
- Household meets or does not meet the gross income requirement (200% FPL).
- The date the PUB 275 was provided to the HH and the method used to provide the form (i.e. mailed to client, handed to client at face-to-face interview or mailed to client for a face-to-face interview waiver), and
- MCE determination results (conferred or not conferred).
Transitional CalFresh
When a CalWORKs HH discontinues for excess resources or income, eligibility for Transitional CalFresh is established. When the HH is recertified for regular CalFresh benefits, a new MCE determination must be done.
Related Topics
Categorically Eligible (CE) Households