Author: Stephen Goldberg

Implementation of CalFresh time limit

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HR1 caused substantial changes to the CalFresh time limit and work requirements.  The California Department of Social Services (CDSS) will implement these changes effective June 1, 2026.  Counties cannot implement these changes prior to automation in the CalSAWS computer system.  Counties cannot implement these changes by manual processes or system workarounds.

CalFresh recipients subject to the time limit are limited to three full months of countable benefits in a fixed 36-month period unless they are exempt from the time limit, satisfy the work requirement, live in a county with a waiver of the time limit, qualify for an additional three consecutive months of eligibility, or receive a discretionary exemption.

Under HR1, CalFresh recipients age 18 to 64 are subject to the time limit unless they are exempt.

CalFresh recipients age 60 or older remain exempt from work registration.  Recipients who are age 60 through 64 are exempt from work registration, but are still subject to the time limit unless they qualify for another work registration exemption or a time limit exemption.  ESAP households with individuals age 60 through 64 cannot be subject to time limits until they have been screened for exemptions.

HR1 created a new time limit exemption for individuals who meet the definition of Indian, Urban Indian, or California Indian in the Indian Health Care Improvement Act.  Self-attestation is sufficient to grant the exemption.

HR1 eliminated the time limit exemptions for veterans, individuals experiencing homelessness, and youth under age 25 who were in foster care on their 18th birthday.

HR1 limited the dependent child exemption to recipients who are either the parent of, or otherwise responsible for the care of, a dependent child under age 14.  A single dependent child under age 14 may exempt more than one adult if each adult independently meets the definition of being responsible for the child’s care.

Counties can only request verification to establish an exemption if verification is required by ACL 19-93, summarized here, or if the information provided is questionable.

Counties cannot take any negative action related to the time limit or work requirements on a case, until an individual who is subject to the time limit has been rescreened for exemptions and has been informed of the time limit and work requirements. Counties must complete or voluntarily offer exemption screening if an individual discloses that they may meet the criteria for an exemption.  Counties must screen each household member individually.

Beginning on June 1, 2026, counties must screen all recipient households at their next recertification an every subsequent recertification.  Counties cannot assign a countable month until exemption screening is completed.

Beginning June 1, 2026, new applicants must complete exemption screening at initial certification.

If an individual loses an exemption, the county cannot assign countable months until the individual is rescreened for exemptions.  Recipients must report mid-period if their income is over the Income Reporting Threshold, or their work hours drop below 20 hours per week or 80 hours per month.  If an individual reports a drop in work hours, the county must assess whether there is good cause or another exemption.  If an individual’s circumstances change mid-period to make them eligible for an exemption, the county must apply the new exemption within 10 days.

Beginning January 1, 2026, a new statewide time limits begins.  This means that individual subject to the time limit have three countable months in the period January 1, 2026 to December 31, 2028.

Noticing requirements for time limit rules are unchanged.

Individuals subject to the time limit may meet the work requirement by performing volunteer or community service hours.  Volunteer or community service hours can be combined with work or other qualifying activities to meet the work requirement.  Volunteer or community service hours must be verified.

California does not currently have any discretionary exemptions.  CDSS will release a letter with instructions when California is allocated new discretionary exemptions.  Counties must continue to evaluate recipients for exemptions or good cause not meeting the work requirement.  (ACL 25-93, December 31, 2025.)

Electronic signatures on Social Security forms

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The Social Security Administration (SSA) will now accept electronic signatures from commercial software products on certain forms.  The signature must affix the signer’s name in the signature area of the form, and affix the date and time the form was signed.   The date and time can be on an appended page submitted with the form.  The submitter must ensure that the commercial product can generate an audit trail and must maintain a digital certificate.  The submitter must keep the audit trail and digital certificate for three years.

Commercial electronic signatures may be used on the following forms: SSA-1696 Appointment of Representative, SSA-1693 fee agreement, SSA-16 application for SSDI,. SSA-8000 or 8001 application for SSI, and SSA-820 and 821 Work Activity Reports.

SSA will accept commercial electronic signatures on forms received on or after January 18, 2025.  For forms submitted before January 18, 2025, SSA will accept forms that have been previously verified or forms that meet the commercial electronic signature requirements.

If a form does not meet the commercial electronic signature requirements, SSA will not process it.  SSA will notify the submitter that the form is rejected and explain why.  (POMS DI 11005.017, December 10, 2025)

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Child Support Guideline changes

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The California Department of Child Support Services (DCSS) has informed local child support agencies (LCSAs) about changes to the child support guidelines.

Beginning January 1, 2026, LCSA may no longer plead presumed income in child support complaints.  This change is to implement the 2016 Final Federal Rule.  LCSAs must plead actual income, unless actual income of the parent paying support is unknown or the LCSA has sufficient information and evidence that earning capacity is greater than actual income.  In those two situations, the LCSA can plead earning capacity.  When determining earning capacity when the parent paying support’s income is unknown, the court will consider the circumstances of the parent, including evidence of the parent’s assets, residence, employment and earning history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, record of seeking work, and the local job market.

Prior to pleading earning capacity, the LSCS must attempt the contact the parent paying support at least three times, seek information about the parent paying support’s expenses and work history from the person ordered to receive support, and search available databases for information relating to the parent paying support’s employment and income.

All summons and complaints must proceed to a court hearing, and judgments can only be entered after a court hearing.

LCSA’s must review default judgements based on earnings capacity if actual income is unknown withing one year after entry of judgment, and annually thereafter, until the order is modified.  If the LCSA identifies sufficient information and evidence to modify the judgment, it must file a motion within 60 days.  LCSAs or parties have two years from service of the first Income Withholding order to request a set aside.  Within three months of receiving the first collection, LCSAs must check all appropriate sources of income information and if income information exists determine whether the order should be set aside. (CSSP 25-01, December 11, 2025.)

CalWORKs Homeless Assistance Questions and Answers

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The California Department of Social Services (CDSS) has issued questions and answers about CalWORKs Homeless Assistance (HA).

HA serves eligible CalWORKs recipients or applicants who are apparently eligible for CalWORKs, who are homeless or at risk of homelessness.  HA benefits include HA, which helps pay the cost of temporary shelter, and permanent HA, which helps families secure permanent housing or prevent eviction.  Temporary HA is available for up to 16 days.  Temporary HA is issued in an initial payment for three days, follow by payments of up to seven days at a time. \

Permanent HA can used for up to two months of rental arrearages if the housing cost does not exceed 80% of their income.  Permanent HA can also be used for security deposit, last month rent, any legal payment, fee, deposit, or charge, including pet deposit, credit check fee and application fee, which are a condition of securing housing.  Permanent HA can also be used for utility deposits required for gas, electricity, and/or water.

Eligible families may receive temporary HA, permanent HA, or both, once every 12 months with exceptions.

Counties must issue or deny temporary HA within the same working day as the applicant submits the CW 42 request form.  Counties cannot require that the CW 42 be submitted by a specific time of the day.  If the CW 42 is submitted after the close of business, it is considered received the next working day.

Counties must issue or deny permanent HA within one working day of the client submitting the CW 42 form and evidence of the rental agreement.  That evidence includes a written rental agreement or a sworn statement when the rental agreement is questionable or not readily available.  When the rental agreement is questionable or not readily available, the county must try to contact the landlord (with the family’s consent) or verify the permanent housing another way.  That verification cannot delay the issuance of permanent HA.

The CW 42 must have a valid physical or electronic signature to be considered complete.

If the family uses their initial three days of temporary HA, and returns later for an additional seven days of temporary HA, the county cannot require a new CW 42.  The county cannot require a new CW 42 when the family returns for following an initial payment of domestic violence HA as long as the family meets the eligibility criteria.

The county is not required to conduct an in-person or face-to-face interview to process a CW 42. Counties can complete the CW 42 over the phone or have then sign by electronic means.  Counties can also record a verbal attestation.

Counties must issue a notice of action when they grant or deny permanent or temporary HA.

When a family has received the initial three days of temporary HA and requests additional temporary HA, the family must provide verification of the amount spent on temporary shelter, such as receipts.  When a family cannot provide verification, counties are strongly encouraged to accept a sworn statement or grant good cause.  The family must also provide documentation of their permanent housing search unless the county grants good cause.

When permanent HA is for rental arrearages, the county must verify that arrearage payment is a reasonable condition of preventing eviction.  When permanent HA is for new housing, the family must provide verification of the amount spent on permanent housing, and verification that the money was paid to the landlord, within 30 days of receiving the payment.  The county must verify that the family’s rent does not exceed 80% of their income.  The family income includes income of Assistance Unit members and any other person whose income is used to calculate the CalWORKs grant.

Child only cases are eligible for HA.  This includes child only cases with a non-needy caretaker relative.

Refugee Cash Assistance recipients are not eligible for HA.  They may be eligible for the Afghan Support and Investment Program, Housing Assistance for Ukrainians, or Refugee Housing Support Program.

Clients are not required to use all 16 days of Temporary HA for the same instance of homelessness.

If the county suspects fraud, it must still process the HA application in the required timeframe.  The county can refer the case to their Special Investigation Unit.  If the Special Investigation Unit makes a fraud finding, the county must assess an overpayment.

Initial eligibility for domestic violence HA is only for CalWORKs applicants.  However, a family can use their second 16 days of domestic violence HA after their CalWORKs application is granted.  The County must accept a sworn statement that the family is experiencing homelessness because of domestic violence.

For the disaster exception to the once per 12 month period limit on HA, the county must verify that there is a declared disaster where the family’s residence is located.  The uninhabitability exception must be verified through a third-party governmental or private health and human services agency such as a police department, fire department, or health department.  The physical or mental illness exception must be verified through a third-party governmental or private health and human services agency.

Families can receive benefits for more than one HA exception during a 12 month period.  HA for a state or federally declared disaster is limited to once per disaster.

Mismanagement of funds exists when the recipient does not meet certain program requirements.  For HA, mismanagement exists, unless there is good cause, when (1) the county determines a temporary HA payment was not used for temporary shelter; (2) the family does not provide verification that the temporary HA payment was used for shelter; (3) After more than 30 calendar days, the family has not provided verification of the amount spent for permanent housing and/or that the payment was made to the landlord; or (4) the recipient’s homelessness is the result of a failure to pay rent, other than for a rent increase over 80% of the recipient’s income, reasonable withholding of rent, or domestic violence.  (ACIN I-57-25, November 3, 2025.)

Overview of Transforming CalWORKs changes

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The California Department of Social Services has informed counties about changes to the CalWORKs program from the Transforming CalWORKs initiative encompassed in SB 119 and SB 146.

Effective immediately, the county must gather the recipients determination of their skills, prior work experience, and employability as part of the appraisal.  Participants whose Welfare-to-Work (WTW) activity is not immediately available will not longer be required to participate in job search.  Participants who do not obtain unsubsidized employment at the end of their WTW plan will no longer be required to do a reappraisal and are not limited in the WTW activity they can choose.

Effective July, 2026, or when any required automation is completed, orientation and appraisal will be combined.  Participants will be able to complete the appraisal independently.  The appraisal will be available online.  Job search and job club will not longer be required for participants following orientation and appraisal.  Participants will be able to complete their WTW plan independently.  If the participant does not complete the appraisal and WTW plan within 45 days, or if the participant asks for help, the county will set an appointment to help them.  Counties will review and update participants’ WTW plan regularly.

There will be several more allowable WTW activities, including mental health, substance abuse, CalWORKS home visiting, and domestic violence services; financial literacy classes and coaching; activities that develop and enhance workplace skills, activities to help ensure child well-being, health, education and welfare; activities that lay the foundation for employment; and activities related to legal issues or housing stability.

All transportation supportive service payment will be required to be advanced to the participant.  Participants will not be able to be sanctioned if child care was not available during a missed activity.

There will be no sanctions during the first 90 days receiving CalWORKs.  A sanctioned participant will be able to cure their sanction by stating verbally or in writing that they want to participate in WTW activities.  (ACL 25-78, October 31, 2025.)

CalFresh mid-period actions questions and answers

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The California Department of Social Services (CDSS) has issued questions and answers about mid-period reporting for CalFresh.

If the county cannot determine the impact of a mid-period report on the household’s benefits, the county must contact the household.  If that is unsuccessful, the county must document the information in the case record and send the household a No-Change Notice of Action.

When a household reports a change in shelter expense mid-period and does not provide the amount of the new shelter cost, the county must send the household a CW 2200 Request for Verification form.  The client’s statement of the new shelter cost is sufficient verification.  The County allow ten days to provide the verification.  If the household does not provide the information, the county must document the information in the case record and send a No-Change notice of action.  If the shelter expense information is questionable and verification is not provided, benefits must be recalculated without the shelter cost.

When a household reports an address change mid-period, the county must act on any change in shelter cost related to the address change. If the household does not provide the new shelter cost, the county can attempt to contact the household.  If that is not successful, the county must send a CW 2200 Request for Verification form to the household.  If the household does not provide the information within 10 days, the county calculates the benefits without the shelter cost.  Note that California has a waiver until June 30, 2026 that if the household does not provide new shelter cost information, the county will update the address but not change the shelter cost information until the next recertification or periodic report.

If a household makes a mid-period report and provides necessary information and/or verification, the county must determine if the information is a mandatory mid-period report or is verified upon receipt. If it is neither a mandatory mid-period report nor is verified upon receipt and the change would decrease benefits, the county does not act on it.  If the report will increase benefits, the county must act on it for the next monthly benefit allotment.

When a new household member is reported mid-period, the county does not consider the new household member’s income for purposes of the Income Reporting Threshold.  The county must update the household’s Income Reporting Threshold to reflect the new number of household members.

Counties do not verify changes in income from the same income source that are $50 or less.  However, counties must act upon changes in income from the same income source that are less than $50 if the additional income puts the family over the Income Reporting Threshold.

Households with income between 131 and 200 percent of the Federal Poverty Level do not have an income reporting threshold requirement.  Mid-period reports of income for those households are not actionable.

When multiple household composition changes are reported at the same time, the county can only act on the household composition changes that increase benefits.  (ACIN I-58-25, October 14, 2025.)