The California Department of Social Services (CDSS) has implemented the CalWORKs overpayment discharge policy. The policy is stated in ACL 19-102, summarized here, became effective upon automation. The CalSAWS computer system automated the policy as of May 20, 2024. Counties must now discharge eligible claims as soon as administratively possible
If county must discharge non-fraudulent CalWORKs overpayments if the case is closed and the individual liable for the CalWORKs overpayment has not received CalWORKs for 36 consecutive months or longer. For families with tow liable adults, if one adult has not received CalWORKs for 36 consecutive months and the other adult has received CalWORKs in the 36-month period, the overpayment claim cannot be discharged. However, the county cannot pursue the overpayment from the adult who has not received CalWORKs for 36 consecutive months.
Counties cannot pursue collection of any non-fraudulent overpayments with a balance of $249 or less if the liable individual is no longer receiving CalWORKs. This includes sending demand letters and tax intercepts. Overpayment claims under the threshold must be discharged after the CalWORKs case is closed and the liable adult(s) have not received CalWORKs for 36 consecutive months. If the overpayment claim has more than one liable adult, and one of the liable adults receives CalWORKs in the 36 month period, the county must collect the overpayment by grant adjustment even if it is below the threshold.
If the claim has two liable adults and one of them is repaying the overpayment, the county must suspend collection from all liable adults if the outstanding balance falls below $250.
The county can collect overpayments from active annual reporting/child only (ARCO) cases. After an ARCO case is closed, the county cannot collect from a child or adult who was unaided. If the unaided adult in an ARCO case does not reapply for CalWORKs for the same eligible children for 36 consecutive months, the overpayment claim must discharged.
If a child who was previously in an ARCO case receives CalWORKs as part of a different family, any overpayments cannot be attributed to the new family.
Mass overpayments are overpayments caused by the same action or inaction that affects eight percent of the CalWORKs caseload, or 1,000 CalWORKs families, whichever is greater. Counties must report mass overpayments to CDSS and identify whether they were caused by negligence or systemic error. Mass overpayments can be discharged, but must be reported to and verified by CDSS. When the mass overpayment is verified and approved by CDSS, counties must discharge them and refund any collections.
Counties can reach settlements of overpayments with current or former recipients for nonfraudulent overpayments. The 36-month timeframe cannot be considered when negotiating a settlement. If a negotiated settlement amount has not been fully recovered after a family’s case has been closed for 36 consecutive months, the outstanding balance must be discharged.
An overpayment claim must be discharged if it is deemed uncollectable by a Bankruptcy Court or another court decision.
The CalWORKs overpayment discharge policy does not apply to overpayments involving fraud or suspected fraud. Overpayments that have been referred to Special Investigative Units cannot be discharged unless the investigation is inconclusive or finds no evidence to support the fraud allegation. An intentional program violation can only be determined by an administrative disqualification hearing decision, a signed administrative disqualification hearing waiver, a court decision, or a signed disqualification consent agreement.
These policies apply to Welfare-to-Work supportive services overpayments.
Overpayment claims established prior to December 1, 1996 cannot be discharged. (ACL 24-84, November 21, 2024.)