California Food Assistance Program Overview

[63-102, 63-403]

The CFAP is a state only food assistance program. All noncitizens who meet the federal definition of a qualified noncitizen are eligible for CFAP, if otherwise eligible.

When an application is made for CalFresh, eligibility for CFAP MUST be explored.

Note: An application for CalFresh is an application for both federal food assistance program, which is known as the SNAP and CFAP. If a HH chooses to withdraw their application, the HH must do so for both SNAP and CFAP benefits due to the household composition rules. If a household is eligible for SNAP and CFAP benefits, the HH can NOT choose to accept one and refuse the other.

CFAP uses SNAP benefits under a purchase agreement with the USDA.

CFAP Requirements [63-403]

A noncitizen is CFAP eligible if he/she meets the following criteria. He/she:

  1. Is a qualified noncitizen (Refer to Qualified Noncitizen Verification), AND
  2. Is NOT eligible for SNAP SOLELY due to their noncitizen status, AND
  3. Meets all existing federal eligibility requirements (such as income, property, etc.) EXCEPT for the SNAP noncitizen criteria and work requirements, AND
  4. Meets the CFAP work requirements.

ExampleExample

A father applies for CalFresh on 02/07/06 for himself and his 6-year son. They entered the United States on 08/19/04 as sponsored noncitizens. The father does not meet the requirements to be federally eligible.

NOTE: His 5-year waiting period, before he becomes federally eligible, will not end until 08/19/09. Since he is a “Qualified Noncitizen”, but does not meet the criteria to be federally eligible, he is eligible for CFAP.

REMINDER: Since the child is under 18 he is federally eligible and EXEMPT from the sponsor deeming requirements.

Individuals Paroled as Refugees

An individual paroled as a refugee under § 212(d)(5) becomes a qualified non-citizen after one year. Qualified non-citizens are subject to an additional five-year waiting period for SNAP benefits. While accumulating these years, if otherwise eligible, they may qualify for the state-funded CFAP pursuant to WIC § 18900-18927 and18930-18935; the MPP § 63-403.1 and MPP § 63-405.117.

Parolees must meet two criteria to receive SNAP benefits as a qualified noncitizen:

  • Be lawfully admitted into the U.S. as a parolee under § 212(d)(5) of the INA for at least one year.
  • Meet the five-year residency requirement under MPP § 63-405.126. The five- year requirement can be accrued while receiving CalFresh benefits under CFAP if the individual meets all CalFresh program eligibility requirements. Per MPP § 63-405.126(a), the five-year period begins on the date the immigrant obtains status as a qualified non-citizen through the USCIS.

Deeming of Sponsor’s Income and Resources

Eligible CFAP noncitizens who are sponsored are subject to the federal deeming rules and exemptions with certain modifications (see below).

Refer to Sponsored Deeming and Sponsored Noncitizens.

Reminder: EWs must carefully determine the status of all noncitizens who have entered the United States, on or after 12/19/1997, to determine if the individual is sponsored and therefore subject to the sponsor deeming regulations.

CFAP Deeming Period

For sponsored noncitizens with the new affidavit of support (I-864), used on or after December 19, 1997, the period of deeming of the sponsor’s income and resources for CFAP is THREE years from the date of the execution of the affidavit of support, instead of the longer federal requirement established by the PRWORA. Refer to Sponsored Deeming for the Federal Deeming Period.

Abusive Sponsor/Sponsor’s Spouse

Noncitizens whose sponsor and/or sponsor’s spouse is abusive to the noncitizen are exempt from deeming.

Verification of Abuse

A sworn statement of abuse by a victim is sufficient along with evidence of abuse.

Note: A sworn statement may be made by a representative of the victim only if the victim is unable to make a sworn statement (e.g. a minor child, mentally incompetent adult, etc.). Otherwise, the victim must sign the statement.

Evidence of abuse includes, but is not limited to, the following:

  • Police, government agency, or court records or files;
  • Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse;
  • A statement from any other individual with knowledge of the circumstances that provided the basis for the claim; or
  • Physical evidence of abuse.

If the victim cannot provide evidence of abuse, then a sworn statement is sufficient if the county determines that the individual’s statement is credible. This determination of credibility MUST be documented in the Maintain Case Comments window to establish eligibility.

Related Topics

Work Requirement