Author: Stephen Goldberg

Suspension, reinstatement, termination and reapplication for CAPI benefits

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CDSS has issued instructions suspension, reinstatement and termination of Cash Assistance Program for Immigrants (CAPI) benefits and reapplication for CAPI.

Suspension is an interruption of CAPI benefits because of the recipient’s failure to satisfy one or more CAPI eligibility requirements.  CAPI benefits can be reinstated without a new application if they re-qualify for benefits within 12 months of the date of suspension.  Suspension is effective the first day of the month in which the recipient no longer meets all CAPI eligibility requirements.  The county sends a notice of change of benefits (NA 692) form when suspending CAPI benefits.

Examples of events that can cause suspension of benefits include: income in the budget month exceeding the payment standard in the payment month, resources exceeding the allowable limit, failing to provide proof of applying for SSI, being outside the United States for 30 consecutive days, being a resident of a public institution for an entire calendar month, and failing to cooperate in providing requested information.

CAPI benefits can be reinstated when the recipient submits evidence requested by the county to reestablish eligibility during the suspension period.  A recipient does not need to file a new application to request reinstatement within the 12 month suspension period.  Benefits are reinstated effective the first day the recipient meets all eligibility requirements, even when that day is in the middle of the month.  This may require counties to make partial month payments.

Termination occurs when benefits have been suspended for 12 consecutive months and cannot be reinstated without filing a new application.  The county sends a second NA 692 notice when terminating benefits.  After this notice, the former recipient must reapply for benefits.  This is treated as a new application with a new protected application date.  (ACL 18-07, January 19, 2018.)

Paid sick leave for IHSS providers

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CDSS has issued instructions implementing SB 3 regarding paid sick leave for IHSS providers.  Beginning July 1, 2018, IHSS providers who work 100 hours will be eligible for 8 hours of paid sick leave per year. The sick leave time will increase to 16 hours per year on July 1, 2020 and 24 hours per year on July 1, 2022.

Providers will be able to use paid accrued sick leave after working an additional 200 hours or 60 calendar days from the date when the provider earned the sick leave, whichever is first.

Providers will lose any used sick leave at the end of each fiscal year.  Accrued sick leave will not be paid at the end of employment.  However, if the provider is rehired as an IHSS provider within a year, previously accrued sick leave will be reinstated.

IHSS providers can use accrued sick leave for diagnosis, care or treatment of an existing condition or preventative care for themselves or their family, or if the provider is a victim of domestic violence, sexual assault or stalking.

IHSS providers can request paid sick leave by completing the SOC 2302 IHSS Program Provider Sick Leave Request Form.  Both the recipient and the provider sign the form.  The provider submits the form to the CMIPS vendor, Enterprise Services.  The minimum increment for paid sick leave is 1 hour, and additional sick leave may be used in 30 minute increments.  Providers should give 48 hours notice to the recipient for planned usage of paid sick leave and immediate notice or at least two hours prior to the start of the work day for emergencies.

CDSS will add the amount of available sick leave to each provider’s pay warrant.  Providers will receive a supplemental check which will include the wages received for the sick time used.  (ACL 18-01, January 9, 2018.)

End of requiring Social Security numbers for subsidized child care

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The California Department of Education (CDE) has issued instructions that Social Security Numbers are no longer required to be collected from families receiving subsidized child care.  Social Security Numbers are no longer required for child care eligibility certification.  The CDE child care application has been revised to eliminate the Social Security Number field.  The privacy notice and consent form is no longer necessary and is not to be used.  (Management Bulletin 17-20, November, 2017.)

Release of child support judgment liens

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The California Department of Child Support Services (DCSS) has issued a new policy about release of judgment liens.  LSCAs are required to record real property liens as part of enforcing child support orders.  LCSA must release real property liens when closing a case.

Existing regulations allow Local Child Support Agencies (LCSAs) to either record lien releases or provide lien releases to obligors to record.  Effective January 1, 2018, the fee to record a release of lien is $75.  LCSAs are exempt from the new fee.  For that reason, LCSAs must now record record Release of Judgment Liens on behalf of the obligor unless an obligor asks to record it themselves or through an escrow transaction.

LCSA can record lien releases without a notary certificate.  Obligors must still provide a notary certificate if they record a lien release themselves.  (CSSP Letter 17-11, December 29, 2017.)

Veterans’ education, training, vocation or rehabilitation benefits and CalWORKs

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CDSS has issued instructions implementing SB 570 regarding CalWORKs treatment of Veterans education, training, vocation or rehabilitation benefits.  Effective January 1, 2018, Veterans Administration benefits for education, training, vocation or rehabilitation are exempt as income for purposes of CalWORKs for veterans, dependents of veterans and spouses of veterans who either died in the line of duty or have a service-connected disability.  Asset rules continue to apply these benefits, meaning that they are considered property in future months.

The exemption also applies to households categorically eligible for CalFresh because they receive CalWORKs.  The exemption does not apply to CalFresh only households.

Veterans benefits now excluded as income for CalWORKs include but are not limited to GI Bill, Vocational Rehabilitation and Employment Services, Yellow Ribbon Program, Survivors and Dependant Assistance Program, Tutorial Assistance, License and Certification Reimbursement, National Call to Service Program, Compensated Work Therapy and Work Study.

Counties must create a manual business process to implement the veterans benefits exclusion until each respective computer consortia is programmed to implement the exclusion.  (ACL 17-125, December 29, 2017.)

Digital child care applications

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The California Department of Education (CDE) has issued instructions regarding digital child care applications.  Contractors can now use digital applications for families to apply for child care and development services.  Digital applications must include all legally required information.

Contractors can also use digital signatures if the digital signature meets all legal requirements.  Digital applications must meet state and federal requirements for creation and maintenance of electronic records.  (Management Bulletin 17-13, October, 2017.)