Income reporting threshold charts for CalWORKs

CalWORKs assistance units, under both semi-annual reporting and annual reporting (child only) rules, are only required to report certain changes between reporting deadlines.  An increase in income to the income reporting threshold (IRT) is one change that must be reported.  Assistance units must report when their incomes reach the lower of two tiers –  either (1) 55% of the federal poverty level for a family of 3 (currently $907) plus the amount of income last used to calculate the assistance unit’s grant or, (2) the amount of income likely to make the assistance unit ineligible for a cash payment.  The IRT chart provides the second tier amounts and is effective when it is provided to the assistance unit, though the current chart was adopted by CDSS in October 1, 2014.  A new chart goes into effect April 1, 2015 and will remain in effect through September 30, 2015.  ACL 15-06.

Federal judge halts implementation of new IHSS overtime rules

On January 14, 2015, Judge Richard Leon of the U.S. District Court, District of Columbia issued a ruling vacating the U.S. Department of Labor’s revised companionship services definition scheduled to take effect the following day. In response, CDSS has postponed changes related to overtime, travel time and wait time pay for all IHSS providers. The forms and notices previously issued to implement the changes will not be used. Notices were to issue to all IHSS providers and recipients informing them 2014 hours allocations will remain in effect and the planned 61-hour limit will not take effect. The Department of Labor has appealed Judge Leon’s ruling.  ACL 15-10.

Retroactive disability determinations and CalWORKs

Medical documentation of disabling conditions that render a recipient exempt from work activity under CalWORKs rules can sometimes be delayed until after recipients have been on aid for several months. Counties must provide the CalWORKs Exemption Request form (CW2186A) and accompanying medical information release from (CW 61) when an applicant or recipient reports a disability impacting regular employment or participation in welfare to work activities. Upon verifying the disability, the county must grant the exemption effective the date the disability began, adjust the 48 and 24 month clocks accordingly and reimburse the recipient for any underpayments of CalWORKs benefits during the period of disability. Counties must schedule and notify recipients of pending dates for review of disability status based upon physician reports regarding the expected duration of the disability or, if the disability is expected to be permanent, at intervals of no less than one year. ACL 15-08.

When time is running out on the 24-month clock in CalWORKs

Updating instructions offered in early 2014  in ACL 14-09, CDSS has provided further guidance regarding extensions of the relatively new welfare to work 24-month time clock for CalWORKs recipients in three all county letters. Recipients who still have time remaining on the 48-month lifetime clock and who meet one of several criteria may request extensions of the 24-month period of extra flexibility in welfare to work activities with the WTW 44 form. Justifications for extension of the 24-month clock include when a recipient is likely to obtain employment within six months, when a unique labor market barrier exists, such as a recent natural disaster impacting the labor market, or when one member of a two-parent assistance unit still has time on his or her 24-month clock, but the other parent’s clock has expired. ACL 15-01.  CDSS will monitor the counties’ implementation of the extensions at 6-month intervals – the same period of time for which extensions are granted. ACL 15-02.  After the 24-month clock or subsequent extensions expire, recipients must meet federal hourly participation requirements.  The county must set an appointment with the recipients using a standard letter (WTW 46) prior to expiration to review the time clock status, possible extensions of time, potential exemptions from participation, and necessary changes to the WTW plan going forward. ACL 15-03.

Maximum asset limits in CalWORKs adjusted

Bringing CalFresh and CalWORKs rules into alignment, CalWORKs families can have $250 more in assets effective October 2014. The new maximum asset amount is $2,250 for most assistance units and $3,250 for assistance units that include a person who is disabled or 60 years of age or older. CDSS instructed counties in December 2014 to re-evaluate eligibility for assistance units who were denied or had cash aid discontinued due to excess resources and to restore benefits that would have been authorized under the new limits. Similarly, counties should have re-evaluated overpayments related to excess resources to determine if they were correct and return amounts collected or stop collection where the overpayment determination was in error. ACL 14-107.

CDSS instructs counties on Social Security process

CalWORKs eligibility rules require applicants and recipients to seek and accept potentially available income, such as other public benefits. Due to a lack of understanding regarding the Social Security and SSI disability determination and appeals processes, some counties have required CalWORKs applicants and recipients to submit (or attempt to submit) new applications to Social Security when another application was already pending or on appeal. Citing a July 2011 Social Security ruling (SSR 11-1p) that bars subsequent applications for benefits when a prior application is under review, CDSS now prohibits counties from requiring CalWORKs applicants and recipients from filing new claims for Social Security and SSI when an appeal is pending. ACL 14-109.