Author: Stephen Goldberg

Prepopulated SAR 7

Posted on by

The California Department of Social Services (CDSS) has developed a new SAR 7 semi-annual report form.  Effective the date automation is complete, counties must provide the new SAR 7 form prepopulated to recipients of CalWORKs, CalFresh, California Food Assistance Program, Refugee Cash Assistance, Trafficking and Crime Victims Assistance Program, and Entrant Cash Assistance.

CDSS also has a blank version of the new SAR 7 form to be made available in welfare department lobbies and online for on demand access.  For cash aid recipients, counties must also provide the new Domestic Abuse Addendum.

Most households are required to submit a report six months after benefits are granted, and six months after completing annual recertification.  Elderly and disabled households that do not have earned income are not required to submit semi-annual reports.

Counties must continue to provide the SAR forms to the household by mail, email or in person by so that it is received by the 5th day of the month it is due.

For CalFresh households, changes in immigration status, student status, fleeing felon status or a violation of probation or parole, are not required to be reported on the semi-annual report and the new SAR 7 does not ask those questions.

For CalWORKs and other cash aid, effective the date the prepopulated SAR 7 is automated, property and/or resources will no longer be evaluated semi-annually.  Property and resources will only be evaluated at application and annual redetermination.

The new SAR 7 form includes questions about exemptions from the Able-Bodies Adults Without Dependents (ABAWD rules because federal rules require that screening (and it will be needed if the ABAWD rules become effective again in California at some point in the future).

The new SAR 7DA allows households to disclose any history of domestic abuse in order to receive services or assistance.  Information about domestic abuse cannot be released to any outside party, agency, or county employee who is not directly involved in the case unless the information is required to be disclosed to law enforcement or the recipient gives written authorization.  When an individual completes the SAR 7DA, the county must privately contact them to provide information, resources or needed accommodations.

The SAR 7DA can only be released as part of an intercounty transfer if the recipient has signed a WTW 37 release form.

The disability question on the SAR 7/SAR 7B allows disclosure of a disability or a request for assistance because of a disability.  When households report having a disability or state that they need assistance because of a disability, counties must contact the household to assist and provide information, resources or needed accommodations.

When a household checks the “I am homeless” box, counties are strongly encouraged to screen households for homeless assistance or other available services, and to identify eligibility for an ABAWD exemption when necessary.  (ACL 24-06, February 2, 2024.)

Calculating CalFresh Overissuances

Posted on by

The California Department of Social Services (CDSS) has issued guidance regarding calculating CalFresh overissuances. This guidance supersedes ACL 15-95 for CalFresh overissuances.

When determining the amount of a CalFresh overissuance, counties must recreate the circumstances of the case, that is they must calculate the amount of the overissuance by determining the difference between the amount of benefits the household should have received and the amount the household actually received. The county must not consider income changes that the household was not required to report unless the change would result in increased benefits.

Households are required to report income that exceeds the Income Reporting Threshold, that is 130 percent of the Federal Poverty Level.  This reporting is required at any time, including between semi-annual reports.  Households that are eligible for CalFresh with income between 131 and 200 percent of the Federal Poverty Level are not required to report income changes between semi-annual reports.

In determing whether a household has exceeded 130 percent of the Federal Poverty Level, the county must use the household’s actual gross income.  Counties cannot use the conversion factor (4.3 times weekly earnings) to determine if a recipient has missed a required report of income over the Income Reporting Threshold.

If a household misses a required report of income over the Income Reporting Threshold, the county must recalculate the monthly allotment for the months in which the household income exceeded the Income Reporting Threshold, and establish any appropriate overissuances.

Counties are required to review information they receive from the Income Eligibility Verification System (IEVS).  When the county receives an IEVS match and determines there is a potential discrepancy between the match and the income the household reported, the county must ask for information from the household to verify the IEVS match.  If the household does not respond, the county can use the Work Number or another third party payroll source to verify the IEVS match.  Counties can only request verification related to an IEVS discrepancy that shows the client may have missed a mandatory report of income over the Income Reporting Threshold.

When reconciling IEVS matches, counties must consider prospective budgeting rules, including whether the income could have been reasonably anticipated at the time of the previous semi-annual report or annual recertification.

If benefits should have been different based on income verified after an IEVS match, the county must recalculate the monthly allotment for the months in which the household income exceeded the Income Reporting Threshold, and establish any appropriate overissuances.

When calculating the amount of an administrative error overissance, the county must apply the earned income deduction.  When calculating the amount of an advertent household error or Intentional Program Violation overissance, the county must not apply the earned income deduction.  (ACL 24-23, March 29, 2024.)

Changes to Social Security overpayment policies

Posted on by

The Social Security Administration has announced four changes to its policies about overpayments.

  1. Reducing the default withhold for overpayments from Social Security benefits from 100 percent of monthly benefits to 10 percent of monthly benefits.
  2. Shifting the burden of proof away from the claimant when determining whether the claimant was at fault in causing the overpayment. This change should make it easier to have waiver of overpayment granted.
  3. Increasing the possible timeframe for a payment plan from 36 months to 60 months. This change should make it easier to enter into and follow repayment agreements.
  4. Making it easier to request waiver of overpayment. The policy is not specific about now it will be easier to request waiver of overpayment.

(Social Security Dear Colleague Letter, March 20, 2024.)

Posted in SSI

Change to SSI In Kind income rule for food

Posted on by

The Social Security Administration has published a final rule changing the In Kind Support and Maintenance (ISM) rule.  Currently, the ISM rule counts both food and shelter that a SSI recipient receives as unearned income that can reduce Supplemental Security Income.  The new rule counts only shelter and no longer counts food as in kind support that can count as income. The new rule is effective starting on September 30, 2024.  (Social Security Dear Colleague Letter, March 27, 2024.)

Posted in SSI

Changes to the Bringing Families Home program

Posted on by

The California Department of Social Services (CDSS) has issued guidance regarding changes to the Bringing Families Home Program. Bringing Families Home provides financial assistance and housing support services to families receiving child welfare services, including tribal child welfare services, where the family is experiencing or at risk of homelessness and housing stability will increase family reunification or prevent foster care placement.

For Bringing Families Home, grantees were required to provide dollar-for-dollar matching funds.  That requirement was waived beginning July 1, 2021.  That waiver is extended to June 30, 2025.

The definition of homeless is now expanded to include individuals or families who are fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual, family member, including a child.

The definition of permanent housing is now clarified to be no predetermined time limits on the length of stay at the premises.

CDSS must adopt regulations for the Bringing Families Home program by July 1, 2024.

Technical assistance about the Home Safe program is available to all grantees from CDSS.  (ACL 24-21, March 21, 2024.)

Changes to the Home Safe program

Posted on by

The California Department of Social Services (CDSS) has issued guidance regarding changes to the Home Safe Program. Home Safe provides housing support services to older adults and dependent adults who are both at risk of homelessness, and who experience abuse, neglect, exploitation, or unable to care for their own needs interests.  The program is operated by counties and tribes with grant money from CDSS.

For Home Safe, grantees were required to provide dollar-for-dollar matching funds.  That requirement was waived beginning July 1, 2021.  That waiver is extended to June 30, 2025.

The definition of adult protective services was limited to meaning in Welfare and Institutions Code section 15610.10.  The definition of adult protective services is now expanded to include activities performed, in accordance with tribal law or custom, by tribes because of the potential for abuse or neglect.

The definition of older adult was limited to persons over age 60.  The definition of older adult is expanded to include individuals receiving services from a tribe within the age range established by the tribe for serving needy and vulnerable older adults.

Technical assistance about the Home Safe program is available to all grantees from CDSS.  (ACL 24-12, March 1, 2024.)