Author: Stephen Goldberg

CAPI payment standard increase

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Effective January 1, 2017, the Cash Assistance Program for Immigrants (CAPI) payment standard increased by 2.76%.  This increase also caused increases in the presumed maximum value of in-kind support and maintenance, the allowance for ineligible children in deeming situations, the sponsor’s allocation in alien deeming situations and the allowance for parents in parent-to-child deeming situations.

For couples where one spouse receives SSI and the other receives CAPI, budgeting will be done prospectively to prevent the couple from receiving more than the appropriate couples payment standard because of the increase in CAPI benefits.

CDSS included a chart of the new CAPI payment standards.  (ACIN I-81-16, December 19, 2016.)

Questions and Answers about Expanded Subsidized Employment

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CDSS has issued questions and answers about Expanded Subsidized Employment (ESE) for CalWORKs recipients.  Highlights of these questions and answers include

  • ESE funds cannot be used for dental services, glasses or tattoo removal, but non-prescription glasses and tattoo removal can be ancillary supportive services.
  • ESE funds cannot be used for the 25% match for federal work study placements, but can be used for CalWORKs work study placements.
  • ESE can be used for workers’ compensation costs and backgrounds checks but not for physicals or uniforms.
  • Counties can place a recipient in a second ESE placement if the first ESE placement does not use all six months of ESE eligibility, but counties must determine on a case-by-case basis if that placement is appropriate.
  • Youth can participate in ESE either as their welfare-to-work participation or as exempt volunteers, but Non-Minor Dependents are not eligible for ESE.

(ACL 17-03, January 25, 2017.)

CalFresh eligibility for people in SSI suspense status

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CDSS has issued instructions to counties implementing the decision and judgment in Riojas v. Vilsack and Lightbourne, 2016 WL 3566941.  Riojas held that people in SSI suspense status are eligible for CalFresh.

CDSS instructed counties that, effective immediately, people who are not receiving a SSI payment are eligible for CalFresh as long as all other CalFresh eligibility criteria are met. Within two months counties must identify applications that were filed after August 30, 2016 that were denied solely because the applicant was in SSI suspense status and issue retroactive benefits to those people.  Counties must also identify household members excluded solely because of their SSI suspense status on or after August 30, 2016, and, if otherwise eligible, issue retroactive benefits to those persons.

A change in SSI from active status to suspense status is not a mandatory mid-period report. However, if this change is reported, the county must add the household member effective the first day of the next month.  If SSI status changes to active status and that change is known to the county, then the county must increase or decrease benefits effective the first day of the next month, or as soon as 10-day notice can be given.  (ACL 17-09, January 27, 2017.)

CAPI PRUCOL Clarification

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CDSS has issued instructions about the definition of Permanent Resident Under Color of Law (PRUCOL) for purposes of eligibility for Cash Assistance Program for Immigrants (CAPI) benefits.  One way that people can be eligible for CAPI is if they are PRUCOL.  For CAPI purposes, PRUCOL refers to 12 categories of non-citizens.  The twelfth category is a general classification for people who can show that USCIS knows they are in the United States and USCIS does not intend to deport them.

A non-citizen can demonstrate that USCIS is aware of their presence in the United States by showing correspondence with USCIS. Individuals who are subject to an order of deportation or who overstay their visas cannot qualify.

A non-citizen can show that USCIS does not intend to deport them by showing it is USCIS’ policy or practice not to deport aliens in the same category.

The Systemic Alien Verification for Entitlements (SAVE) system for verifying immigration status does not identify people as PRUCOL.  Counties must determine whether people qualify as PRUCOL.  (ACIN I-79-16, November 30, 2016.)

Changes to Approved Relative Caregiver program

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CDSS has issued new instructions about the Approved Relative Caregiver (ARC).  These changes and all rules for the program are compiled in the ARC Implementation Guide.  Prior All County Letters regarding the ARC program, except for ACL 15-54 about notices of action, are superseded by the ARC Implementation Guide.

CDSS highlights two changes to the ARC program.  First, counties are to change from paying ARC benefits prospectively to calculating the days a child is actually placed and paying the caregiver in arrears.  Counties are not required to take measures to mitigate financial hardship from this change but are “encouraged to do so if feasible.”  Counties should make this change by June 30, 2017.

Second, ARC benefits will no longer be distributed using electronic benefits transfer.

The computer consortia must develop and submit plans to CDSS outlining the timeframe for making required programming changes.  (ACL 16-92, December 23, 2016.)

Posted in ARC

CalWORKs eligibility when child dies

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CDSS has issued instructions about implementing AB 433 (2015) regarding CalWORKs eligibility in the event of death of a child.  AB 433 requires that if the county becomes aware of the death of a child, CalWORKs benefits cannot be decreased in the month of the death or the following month.  Note that for semi-annual (SAR) reporters, change in household composition is not a mandatory mid-period report.  This means SAR reporters are not required to report death of a child until the next semi-annual report.  However, if death of a child is reported, the county must act on that information.  For AR/CO reporters, death of a child must be reported within 10 days and AB 433 means these families are eligible for an additional month of benefits following the death.

In addition, AB 433 prohibits sanctions or overpayments for failure or refusal to comply with Welfare-to-Work requirements during the month the child died or in the following month.  ACL 16-90 (October 21, 2016).