Overissuance Determination Chart

Use this chart to determine whether an overissuance has occurred and to identify the type of overissuance based on household type.

 

Classify the Overissuance As: If the Household (HH) Type Is:
Nonassistance (NA) and: Categorically Eligible (CE) and:
Administrative Error (AE)


 County failed to act promptly on a change reported by the client.

County failed to act promptly on a change reported by the client.

AND

County incorrectly determined the HH's NET income (based on income or deductions) or HH size.
County incorrectly budgeted income or deductions, or authorized an incorrect allotment.

County incorrectly budgeted income or deductions, or authorized an incorrect allotment.

AND

County incorrectly determined the HH's NET income (based on income or deductions) or HH size.
County incorrectly issued benefits after the expiration of the certification period, and without recertification.

County incorrectly issued benefits after the expiration of the certification period, and without recertification.

AND

County incorrectly determined the HH's NET income (based on income or deductions) or HH size.
County failed to reduce benefits when the PA grant (CalWORKs, RCA) approved on a joint CalWORKS/CalFresh application.

County failed to reduce benefits when the PA grant (CalWORKs, RCA) was approved on a joint CalWORKs/CalFresh application.

AND

County incorrectly determined the HH's NET income (based on income or deductions) or HH size.
Inadvertent Household Error (IHE)

Misunderstanding or error by HH or sponsor. Refer to Intentional Program Violation (IPV).

 Misunderstanding or error by HH or sponsor in reporting a change in NET income (based on income or deductions) or HH size.
HH failed to provide correct/complete information. HH failed to provide correct/complete information about a change in NET income (based on income or deductions) or HH size.
HH failed to report changes in the HH's sponsor's circumstances. HH failed to report changes in the HH's/sponsor's NET income (based on income or deductions) or HH size.
HH received more benefits than it was entitled to pending a State hearing decision which it lost. HH received more benefits than it was entitled to (due to a change in NET income [based on income or deductions] or HH size) pending a State hearing decision which the HH lost.
Intentional Program Violation (IPV)

The HH intentionally makes a false/misleading statement; misrepresents, conceals or withholds facts or violates CalFresh regulations on benefits. This is decided by one of the following:

  • An administrative disqualification hearing decision or court order has declared that an IPV occurred.

OR

  • The accused individual has signed a “Disqualification Consent Agreement” (DFA 478) or a “Waiver of Rights to Administrative Disqualification Hearing” (DPA 479).
 Same as for NA households, except that the overissuance must be due to a change in net income (based on income or deductions) or HH composition.

Client’s Right to Dispute IHE Determination

Under the Lomeli v. Saenz court case settlement, CalFresh households that have overissuances classified as Inadvertent Household Errors must be afforded an opportunity to request a hearing to dispute the findings. In other words, the client has the right to try to establish that the overissuance was administratively caused and should be classified as an Administrative Error overissuance instead.

The Inadvertent Household Error overissuance NOA informs households of this option.

Related Topics

Supplemental Payments and Claims Definitions

Intentional Program Violation (IPV)