Author: Stephen Goldberg

Extension of COVID-19 CalFresh waivers

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California has been granted waivers of the initial application and recertification interview (if certain criteria are met); and of the recording requirement for telephonic signatures (if certain criteria are met) because of COVID-19.  These waivers have been extended until December 31, 2022.

Approval of these waivers requires California to state that a State of Emergency or disaster declaration continues at the time of the request.  The federal Food and Nutrition Service will approve additional waivers for up to three months.  If the State wants to continue using a waiver for longer than three months, the State can submit an extension request in the third month of the waiver timeframe.  No waiver may continue beyond the end of the month after the month when the federal COVID-19 public health emergency declaration is lifted by the Secretary of Health and Human Services.  (ACWDL, September 26, 2022.)

CalWORKs for Fork, Barnes and Mountain Fire evacuees

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The California Department of Social Services has issued a reminder about policy for processing CalWORKs cases for persons evacuated because of the Fork Fire in Madera County, the Barnes Fire in Modoc County, and the Mountain Fire in Siskiyou County.

For evacuees who apply for CalWORKs, if the applicant and the county make a good faith effort to obtain verification and are unable to do so, including identity, time on aid, and CalWORKs eligibility factors, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.

When an individual or family displaced by fires applies for CalWORKs, counties must establish that the evacuee was living in a county designated as a federal disaster and/or state-declared emergency zone and ask if the evacuee or anyone else in their family is receiving CalWORKs from that county or another disaster county.

CalWORKs recipients may be eligible for nonrecurring special needs payments because of emergencies from the fires, such as damage to or loss of shelter or belongings. Nonrecurring special needs funds can be used to repair or replace clothing or household equipment, to provide assistance for damages to the home, or to pay for interim shelter when the AU’s home was destroyed or made uninhabitable or inaccessible. The maximum nonrecurring special needs payment is $600 for each individual incident.

Disaster assistance from federal, state or local government or disaster assistance organizations is excluded from consideration as income.

For CalWORKs applicants, counties are encouraged to offer CalWORKs diversion to evacuees to address their specific crisis or item of need. Applicants in an emergency should be evaluated for Immediate Need Payments. Both applicant and recipient evacuees should be entitled to an exception to the once in twelve months limitation on receiving Homeless Assistance. Recipient evacuees may also be eligible the CalWORKs Housing Support Program.

A written statement from the applicant is sufficient to establish intent to establish residency in California and in the county of application for the foreseeable future. Receipt of benefits at an address outside of California for two months or longer is not apparent evidence of intent to reside outside of California when return to California is prevented by a disaster.
For income, it is expected that some evacuees will no longer have reasonably anticipated income because of the disaster. For property and resources, counties must consider the applicant’s ability to access, occupy or sell their property at the time of application because of the disaster.

For families temporarily separated because of the disaster, a family member is considered temporary absent if they expect to reunite within one full calendar month. CalWORKs recipients can maintain a home in a different county than the county they are physically residing in if they intend to return to that home within four months.

Most evacuated families will not be able to participate in welfare-to-work activities. Counties should make a good cause determination for evacuated families for nonparticipation in welfare-to-work activities. Counties should also determine if an applicant needs barrier removal services such as mental health services or housing stabilization program services and provide these services as expeditiously as possible.

Counties are reminded that COVID-19 flexibilities remain in place and apply to evacuees, including flexibility regarding pregnancy verification, in-person photo identification requirements, and signature requirements. (ACWDL, September 20, 2022.)

IHSS backup provider system

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The California Department of Social Services (CDSS) has established a permanent Back-Up Provider System (BUPS) for the In-Home Supportive Services (IHSS) and the Waiver Personal Care Services (WPCS).

The permanent BUPS allows any eligible IHSS recipient to receive temporary IHSS or WPCS from a backup provider. This is available when the recipient has an urgent need for backup related to personal care services that cannot be met by an existing provider, or the recipient is transitioning to home-based care and does not yet have an identified provider. For BUPS to be available, the need must be immediate and cannot wait until the provider is available to provide the need, and the need has a direct impact on the IHSS recipient, and delaying it would potentially jeopardize the health/safety of the IHSS recipient which may result in the need for emergency services and/or out-of-home placement.

The Back-Up Provider System provides eligible recipients with a maximum total of 80 hours per fiscal year (July 1 to June 30) and will reset to 80 hours on July 1 of each year. There are exceptions to the 80-hour annual limit, granted on an as-needed basis for severely impaired recipients. The exceptions cannot exceed 160 hours per fiscal year. These exceptions may only be granted if the funding for the exception is appropriated in the annual State Budget Act.

Counties shall work with recipients who are transitioning to home-based care and, requesting backup services to consider the following when determining if a backup provider is appropriate for that individual: how much urgent care the recipient would need upon transition and whether the use of BUPS is appropriate and safe for the situation being requested, whether or not the recipient would have difficulty managing a provider from the BUPS, and that a BUPS provider can only provide services temporarily and they may also need the direct support of friends and/or family until they hire permanent provider.

Counties should try to assist recipients in obtaining a backup provider whenever possible. Examples of when a backup provider would be appropriate and safe to use the BUPS while transitioning to home care may include: a newly approved recipient who is being released from the hospital and has the support system of family/friends and a family member who will be designated authorized representative to manage the BUPS provider during the time the permanent provider is being located; and an existing recipient who has an extended hospital stay, no longer has a permanent provider and has an urgent need for services.

For recipients with two or more regular providers, if the recipient has the need to use the BUPS. An exception from the provider workweek limitations may be authorized for one of the regular providers. The recipient may assign the hours to their other provider without requiring county approval so long as the hours worked by the single provider do not exceed the maximum weekly hours, or, if the provider works for more than one recipient, does not cause them to exceed 66 hours in a workweek.

The recipients are allowed to hire, terminate, and supervise the backup provider. However, if they choose to not use or terminate the backup provider referred by the county or public authority, it is their responsibility to find and hire a backup provider. Any provider they choose that is not part of BUPS, will not be paid the two-dollar salary differential. Moreover, the chosen provider must be eligible and enrolled within the IHSS program in the county the recipient resides.

In order to be eligible to serve as a backup IHSS/WPCS provider the provider must not have been convicted of any crime in Tier 1 and 2 within the previous ten years. However, a provider with a Tier 2 criminal conviction is permitted to work for a recipient that has submitted an Individual Waiver. Waivers cannot be used for providers in the BUPS. The provider must meet all requirements of provider enrollment including the submission of provider enrollment. An individual who is listed on the county and Public Authority registry but has yet to complete all enrollment requirements to serve as an IHSS provider cannot be included on the BUPS registry.

All eligible providers who provide emergency backup services shall be paid a wage that is two dollars per hour above the current county/public authority locally negotiated wage rate for an IHSS/WPCS provider, subject to an appropriation in the annual State Budget Act. Additionally, the current two-dollar salary differential for the emergency backup providers related to COVID-19 will continue through September 30, 2022.

When operating the BUPS, county and public authorities shall be responsible for making reasonable efforts to recruit and enroll any available provider if possible, responding to recipient requests for an emergency backup provider, and referring recipients to one or more backup providers, if available and align with the recipients preferences and needs. (ACL 22-65, August 2, 2022.)

Increase in CalWORKs resource limit

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Starting January 1, 2023, there is an annual cost of living increase for the CalWORKs maximum resource limit.  The new maximum resource utilization will be $10,888, and  $16,333 for families with at least one member who is age 60 or over or disabled.  The rules regarding restricted accounts remain unchanged. 

The Refugee Cash Assistance (RCA), Entrant Cash Assistance (ECA), and Trafficking and Crime Victims Assistance Programs (TCVAP) cash assistance programs follow the CalWORKs administrative rules and as a result this increase in the resource limit applies to RCA, ECA and TCVAP. 

The increase in the resource limit should be automated by January 1, 2023. (ACL 22-66, August 2, 2022.)

CalWORKs for Mill, Mosquito and Fairview Fire evacuees

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The California Department of Social Services has issued a reminder about policy for processing CalWORKs cases for persons evacuated because of the Mill Fire in Siskiyou County, the Mosquito Fire in Placer and El Dorado Counties, and the Fairview Fire in Riverside County.

For evacuees who apply for CalWORKs, if the applicant and the county make a good faith effort to obtain verification and are unable to do so, including identity, time on aid, and CalWORKs eligibility factors, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.

When an individual or family displaced by fires applies for CalWORKs, counties must establish that the evacuee was living in a county designated as a federal disaster and/or state-declared emergency zone and ask if the evacuee or anyone else in their family is receiving CalWORKs from that county or another disaster county.

CalWORKs recipients may be eligible for nonrecurring special needs payments because of emergencies from the fires, such as damage to or loss of shelter or belongings.  Nonrecurring special needs funds can be used to repair or replace clothing or household equipment, to provide assistance for damages to the home, or to pay for interim shelter when the AU’s home was destroyed or made uninhabitable or inaccessible. The maximum nonrecurring special needs payment is $600 for each individual incident.

Disaster assistance from federal, state or local government or disaster assistance organizations is excluded from consideration as income.

For CalWORKs applicants, counties are encouraged to offer CalWORKs diversion to evacuees to address their specific crisis or item of need.  Applicants in an emergency should be evaluated for Immediate Need Payments.  Both applicant and recipient evacuees should be entitled to an exception to the once in twelve months limitation on receiving Homeless Assistance.  Recipient evacuees may also be eligible the CalWORKs Housing Support Program.

A written statement from the applicant is sufficient to establish intent to establish residency in California and in the county of application for the foreseeable future.  Receipt of benefits at an address outside of California for two months or longer is not apparent evidence of intent to reside outside of California when return to California is prevented by a disaster.

For income, it is expected that some evacuees will no longer have reasonably anticipated income because of the disaster.  For property and resources, counties must consider the applicant’s ability to access, occupy or sell their property at the time of application because of the disaster.

For families temporarily separated because of the disaster, a family member is considered temporary absent if they expect to reunite within one full calendar month.  CalWORKs recipients can maintain a home in a different county than the county they are physically residing in if they intend to return to that home within four months.

Most evacuated families will not be able to participate in welfare-to-work activities.  Counties should make a good cause determination for evacuated families for nonparticipation in welfare-to-work activities.  Counties should also determine if an applicant needs barrier removal services such as mental health services or housing stabilization program services and provide these services as expeditiously as possible.

Counties are reminded that COVID-19 flexibilities remain in place and apply to evacuees, including flexibility regarding pregnancy verification, in-person photo identification requirements, and signature requirements. (ACWDL, September 6, 2022 [Mill fire], ACWDL, September 9, 2022 [Mosquito and Fairview fires])

 

CalFresh verification of Social Security Numbers for newborns

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The California Department of Social Services (CDSS) has issued a clarification regarding verification of Social Security Numbers for newborns for CalFresh purposes.  CalFresh recipients may voluntarily report changes in household composition at any time during the certification period, and the change must take effect next month. When the change is reported too late in the month to increase benefits for the next month, , the County must issue supplemental benefits.

All CalFresh applicants must provide their Social Security Number (SSN) or proof of SSN application prior to certification. However, a newborn baby is exempt from this requirement for six months. If the household is unable to provide a SSN or proof of applying for a SSN for a newborn, the County must determine if there is a good cause for non-compliance and, if good cause is found, approve an additional month’s benefit. The County must review information from multiple sources, including the family member and the Social Security Administration, and must accept documentary evidence of the SSN application.

If the household cannot provide an SSN when they apply for CalFresh for the newborn, the child is eligible until the next recertification or six months after the application, whichever is later. If the recertification is earlier, the county must send the family a Request for Verification Form (CW 2200) six months after benefits are granted.  The family will have ten days to respond to the request for verification.  If the recertification is more than six months after benefits are granted, the county must request the child’s SSN during the recertification process.  If the household does not provide the child’s SSN, the child will be excluded from the CalFresh household unless there is good cause for the newborn not having a SSN.

A new baby must be added to the CalFresh program one month after verbal communication of the newborn and date of birth. Counties cannot require the household to complete an application form to add the newborn to the CalFresh household.  (ACIN I-54-22, July 22, 2022.)