63a. Non-Work Program Penalties
CalFresh recipients can also receive a penalty when they have a non-work program failure in a means-tested public aid program. The penalty imposed is that although the household’s (cash aid) income goes down, the food benefits will not go up. (The CalFresh budget will continue to budget the pre-sanction cash aid amount). [MPP § 63-503.7; 7 C.F.R. § 273.11(j)] NOTE however, that the State regulation fails to specify that the “failure” in the cash aid program must not be procedural, and the failure must have been for violating a rule that is “substantive” and “designed to improve the well-being of the family.” Reaching a time limit, having a child that is not eligible because of a family cap (MFG child), failing to reapply or complete the application process for continued assistance under the other program, failing to perform an action that the individual is unable to perform as opposed to refusing to perform, or failing to comply with a purely procedural requirement are not “requirements” that would trigger this penalty. [7 C.F.R. § 273.11(j).]