Author: Stephen Goldberg

CalWORKs Overpayments Based on Income or Household Composition Reporting

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CDSS has instructions to counties about AB 2062 regarding overpayments based on income or household composition reporting.  Effective January 1, 2017, counties cannot assess an overpayment in the month following a change in income over the income reporting threshold or a change in household composition for an assistance unit that does not include an eligible adult, if the recipient timely reported the change but the county was unable, before the first month following the change, to provide 10 days notice of termination or reduction in benefits.

Recipients subject to semi-annual reporting must report income changes over the income reporting threshold within 10 days.  Child only cases subject to annual reporting must report income over the income reporting threshold or changes in household composition within 10 days.  Prior to AB 1232, there was an overpayment if these changes were reported timely but the county could not issue a notice of action giving 10 days notice of reduction or termination of benefits.

Under AB 1232, this changes and now if these changes are reporting timely and the county is unable to give 10 days notice of reduction or termination of benefits, the next month of benefits will not be an overpayment.  However, if these changes are not reported timely (that is, not reported within 10 days) and the county could not issue a notice of action giving 10 days notice of reduction or termination of benefits, the next month of benefits will still be an overpayment.  ACL 16-120 (December 30, 2016). 16-120E (March 10, 2025) [editing one example in the letter].

 

Telephone Interviews for CalWORKs

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CDSS has issued instructions to counties about SB 947 which allows counties to do telephone interviews for CalWORKs effective January 1, 2017.  Counties can choose whether to do telephone interviews for CalWORKs.  A county that chooses to do telephone interviews can do face-to-face interviews on a case-by-case basis.  Those counties must provide a face-to-face interview if requested by the CalWORKs applicant or recipient. The county must have procedures in their county plan for conducting telephone interviews.

Telephone interviews must occur within seven working days of filing of the application.  If an applicant meets the immediate need interview requirements on the application, the telephone interview must occur no later than the next working day.

For telephone interviews, there are three ways counties can obtain signatures on documents.  The county can mail the documents to the applicant or recipient.  The county can use an interactive voice response system that has a PIN number that can act as an electronic signature.  In addition, if the application was filed online, the county can upload documents to the applicant or recipient’s online account.  A journal entry stating the client attested to the information is not sufficient.  CDSS provided a chart that outlines the county’s options regarding telephone interviews.  ACL 16-119 (December 30, 2016).

County Welfare Department Use of Consumer Credit Reports

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NOTE — The section of this ACL regarding the Work Number being used in conjunction with, but not in lieu of, existing income and eligibility sources, is superseded by ACL 21-23.

CDSS has issued instructions to counties about SB 1232 regarding county welfare department use of consumer credit reports.  An example of a consumer credit report is a report from “The Work Number.”  These requirements are mandatory effective January 1, 2017.

Counties cannot obtain consumer credit reports without written authorization of the applicant or recipient.  Consumer credit reports can be used in conjunction with existing fraud detection resources.  Consumer credit reports cannot be used as the only means of verification.  The SAWS 2 Plus, CF 285 and CF 37 have been modified to include authorization for counties to obtain consumer credit reports.

If a county takes adverse action based on information in a consumer credit report, the county must provide an informing notice in addition to the notice of action.  The informing notice must include the name, address and telephone number of the consumer credit reporting agency, a statement that the consumer credit reporting agency did not make the decision, a statement of the right to free disclosure from the consumer credit reporting agency within 60 days and a statement of the right to dispute the accuracy of the information with the consumer credit reporting agency.

Information from a consumer credit report must be made available to an applicant or recipient who requests it from the county welfare department or if an applicant requests a fair hearing to regarding the information in the consumer credit report.  Note that information received from “The Work Number” is not considered verified upon receipt for CalFresh.  Counties cannot require applicants or recipients to submit hard-copy documentation that is duplicative of the information obtained from a consumer credit report.  ACL 16-118 (December 30, 2016).

 

Adoption Assistance Program Notice of Action and Overpayments

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CDSS has transmitted a new form notice of action for the Adoption Assistance Program and instructions regarding Adoption Assistance Program overpayments.  The instructions require that the comment section of the form be used to provide the reason for and clarification of the action taken.  The instructions also require that specific regulation supporting the county’s action be cited in the form.

CDSS also states that there are only three situations when an Adoption Assistance Program overpayment is collectable: 1) The responsible public agency has determined that the adoptive parents are no longer legally responsible for the support of the child; 2) The responsible public agency has determined that the adoptive parents are no longer supporting the child and 3) The responsible public agency determines the adoptive parents may have committed fraud.

Counties cannot demand repayment caused by county error.  ACL 16-29 (November 7, 2016).

Deeming Welfare -to-Work Hours for WIOA Career Pathways

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CDSS has issued instructions about counting Welfare-to-Work hours for Workforce Investment Innovation and Opportunity Act (WIOA) Career Pathways participation.  As required by Welfare and Institutions Code Section 11322.83, when a WTW participant participates and is making satisfactory progress in an Approved WIOA Career Pathway, the participant is deemed to be meeting minimum participation requirements regardless of the actual number of hours of participation.  See ACL 16-51 for additional information about county welfare department collaboration with WIOA programs.

WIOA Career Pathway participation does not automatically meet federal participation standards.   Unless the WIOA Career Pathway program also meets federal participation standards, the participant’s 24 months WTW clock will tick while participating in a WIOA Career Pathway.

For the county to deem participation in an Approved WIOA Career Pathway as meeting WTW participation requirements, the Career Pathway must 1) be included in the participant’s WTW Plan; 2) meet the requirements of a career pathway program approved by the local workforce development board and 3) the participant must be making satisfactory progress in the pathway. ACL 16-102 (December 12, 2016).

ABAWD 36-Month Fixed Statewide Clock

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In general, able bodied adults without children (ABAWDs) are eligible for CalFresh for only three months within a 36 month period unless the client 1) lives in a county or area of a county that has an ABAWD waiver; 2) satisfies the ABAWD work requirement; 3) qualifies for an exemption or 4) is granted an individual 15 percent exemption.

California has had a statewide waiver of the ABAWD rule.  This waiver expires on December 31, 2017.  CDSS has decided to implement the 36 month period using a fixed statewide clock.  This means all ABAWDs will have the same time 36 month time period, and when the clock starts it will continue uninterrupted.  The clock will begin on January 1, 2017 and will reset on January 1, 2020.  When the statewide clock ends, all ABAWDs will have their clock restart and can again receive their 3 months of CalFresh.  The choice to use a fixed statewide clock is intended to maximize benefits.  ACIN I-88-16 (December 14, 2016).