Chapter 10.1 - Food Assistance Program for Legal Immigrants
California Welfare and Institutions Code — §§ 18930-18935
Sections (8)
Amended (as amended by Stats. 2022, Ch. 50, Sec. 85) by Stats. 2024, Ch. 46, Sec. 59. (AB 161) Effective July 2, 2024. Conditionally operative on date prescribed by its own provisions.
(a)A recipient of benefits under this chapter shall not be required to meet the work requirement under the federal Supplemental Nutrition Assistance Program, as specified in Section 2015(o) of Title 7 of the United States Code, any work registration requirements, or the requirements of Section 273.11(k) of Title 7 of the Code of Federal Regulations.
(b)An applicant who states that they do not have a social security number shall not be required to present a social security number in order to receive benefits under this chapter.
(c)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 State Department of Social
Services may implement and administer this section through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, which shall be no later than 18 months after the date upon which this subdivision becomes operative.
(d)This section shall become operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 18930 as added by Section 87 of Chapter 85 of the Statutes of 2021.
Amended by Stats. 2011, Ch. 227, Sec. 96. (AB 1400) Effective January 1, 2012.
Any person who is eligible for federally funded Supplemental Nutrition Assistance Program benefits, administered in California as CalFresh benefits, shall not be eligible for assistance under this chapter.
Amended by Stats. 1999, Ch. 147, Sec. 42. Effective July 22, 1999.
(a)Except as otherwise provided in this chapter, the federal and state laws and regulations governing the federal Food Stamp Program shall also govern the program provided for under this chapter.
(b)Federal deeming rules and exemptions governing the federal Food Stamp Program shall also govern the program provided for under this chapter, except that for immigrants with affidavits of support under Section 1183a of Title 8 of the United States Code who do not meet exemptions from deeming, the period for deeming of a sponsor’s income and resources shall be three years from the date of the sponsor’s execution of the affidavit of support pursuant to Section 1183a of Title 8 of the United States Code.
(c)Notwithstanding any other provision in this chapter, immigrants who are victims of abuse by their sponsor or sponsor’s spouse shall be exempt from deeming. Abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse is also provided. Additional evidence may include, but is not limited to, the following:
(1)Police, government agency, or court records or files.
(2)Documentation from a domestic violence program, or from a legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.
(3)A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
(4)Physical evidence of abuse.
(5)If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in writing in the case file that the applicant is credible.
Added by Stats. 2024, Ch. 46, Sec. 61. (AB 161) Effective July 2, 2024. Conditionally operative on date prescribed by its own provisions.
(a)The state shall retain a portion of any collected overissuance claims on benefits issued under this chapter. The portion of the recovered overissuance claims retained by the state shall be the same percentage as the state and the United States Department of Agriculture would have retained, combined, if the overissuance claims had been collected under the CalFresh program. Any remaining portion of the recovered overissuance claims shall be distributed by the department to the counties based on the amount of the overissuance claims recovered by the counties.
(b)This section shall become operative upon Section 18930, as added by Section 87 of Chapter 85 of the Statutes of 2021, becoming operative.
Added by Stats. 1997, Ch. 287, Sec. 1. Effective August 18, 1997.
Benefits provided under this chapter shall be equivalent to the benefits provided under the federal Food Stamp Program.
Amended by Stats. 1999, Ch. 147, Sec. 42.5. Effective July 22, 1999.
(a)It is the intent of the Legislature to appropriate funds in the Budget Act for the purpose of providing services under this chapter.
Added by Stats. 1999, Ch. 147, Sec. 42.6. Effective July 22, 1999.
This chapter shall be implemented only during any period that federal benefits are provided under Section 1612(a) of Title 8 of the United States Code.