Fraud

Welfare fraud

Welfare and Institutions Code section 10980

Nonentitlement to welfare is an element of the offenses of welfare and food stamp fraud that must be decided as factual question by the jury. People v. Ochoa, 231 Cal. App. 3d 1413, 282 Cal. Rptr. 805 (4th Dist. 1991)

A person will not be subject to criminal prosecution for an overpayment or over-issuance of benefits, obtained under the California Work Opportunity and Responsibility to Kids program or the CalFresh program, for any month in which the county human services agency was in receipt of any Income and Eligibility Verification System data match information indicating any potential for an overpayment or an over-issuance and for which the county human services agency has not provided to the person a timely and adequate notice of action for the collection of the overpayment or the over-issuance. (Welf & Inst. Code, § 10980, subd. (j)(1).)