Author: Stephen Goldberg

IHSS advance pay reconciliation and overpayments

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Severely impaired In Home Supportive Services (IHSS) recipients can receive an advance payment for their monthly authorized IHSS services and pay their providers directly.  Recipients who get advance payment must submit reconciling timesheets by the end of the month.  If the recipient fails to submit a reconciling timesheet within 45 days of the issuance date of the advance payment, there is a rebuttable presumption that the unreconciled amount is an overpayment.  Counties should help recipients with reconciliation.

Counties should determine which part of the advance payment is an overpayment because of failure to reconcile.  Any portion of an advance payment that is not used to purchase IHSS services is an overpayment.  If timesheets are not reconciled, but the county determines that the advance pay amounts were used to purchase IHSS services, there should not be an overpayment and the county can consider the timesheets to be reconciled.

Failure to submit a time sheet within 90 days of the date of payment allows counties to change a recipients payment method from Advance Pay to payment in arrears.

If a recipient is deceased, the county can consider the Advance Pay amount reconciled.  (ACL 24-38, June 6, 2024.)

CalSAWS system changes to support changes in foster care referrals for child support

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The California Department of Social Services and the California Department of Child Support Services have discussed several possible changes to the CalSAWS computer system to help implement changes regarding foster care referrals for child support.

However, despite the fact that no CalSAWS system changes have been made, the only foster care related child support cases that can be referred to the local child support agency are when a parent’s annual income is more than $100,000, or 400 percent of the federal poverty level, whichever is greater, and referral will not be a barrier to reunification.  All foster care related child support collection efforts should stop unless this exception is met.  (ACIN I-07-24, February 16, 2024.)

Foster Care child support arrears

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The California Department of Child Support Services instructs local child support agencies (LCSAs) to review all cases with foster care arrearages.  If the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, whichever is greater, the LCSAs must deem the arrears uncollectable and remove them.

If the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, and any of the dependent children are still receiving foster care services, the LCSA must ask the welfare department whether continued enforcement would be a barrier to reunification.

If there are no dependent children still receiving foster care services and the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, the case will not be reviewed for relief from foster care arrears.

Collections made prior to the collectability determination and removal of arrears will not be refunded.  (CSSP Letter 23-02, October 23, 2023.)

Referrals of families with a child in foster care to child support agencies

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Effective January 1, 2023, counties cannot refer parents whose children have been removed from the home and who are receiving Child Welfare Services to child support agencies.  The only exception to this rule is if a parent’s annual income is more than $100,000, or 400 percent of the federal poverty level, whichever is greater, and referral will not be a barrier to reunification.

In addition, effective January 1, 2023, accrual and collection of foster care related child support payments that do not meet the exception stops.

Counties are encouraged to reassess cases where the family meets the exception if they get information that the parent’s situation no longer meets the exception.

Counties must still do the CW 51 child support referral form for foster care cases and note on the form that the referral will not be sent to the local child support agency unless the parents meet the income exception.  (ACL 23-29, March 20, 2023.)

Non-work Social Security Number request form for CalWORKs, CalFresh and CFAP

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The California Department of Social Services (CDSS) has issued a new form to use when helping non-citizens get a Social Security Number (SSN).

CalWORKs applicants must have a SSN or or submit verification of their request for a SSN within 30 days of the date of application.  Counties must assist individuals in this process.  If the applicant cannot submit an application for a SSN because necessary documentation is not available, the county must determine if good cause exists.

Social Security will accept the new Non-Work Social Security Number Request Form (GEN 2101).  A wet signature of an authorized county management official or designee is required.  Counties can develop their own form, but only the GEN 2101 has been approved by the Social Security Administration.

For CalFresh, households must provide the SSN of each household member pr must provide verification of application for a SSN prior to certification.  A non-work SSN satisfies this requirement.  Counties may grant good cause for failure or refusal to comply with this requirement.  Household members granted good cause are eligible for one month after the month of application.  After that, good cause must be shown monthly.  Counties must assist in obtaining verification of good cause.  Delays because of illness, temporary absence or lack of transportation are not good cause.

The California Food Assistance Program (CFAP) uses the same rules as CalFresh except that trafficking victims, crime victims, and domestic violence survivors are not required to have a SSN.  When CFAP is expanded to all individuals over age 55 regardless of immigration status, applicants who do not have a SSN will be evaluated for eligibility based on all other criteria.  (ACL 24-44, June 26, 2024.)