Author: Stephen Goldberg

IHSS provider overtime rules

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CDSS has issued guidance implementing limitations on overtime and travel for IHSS providers to be effective February 1, 2016.

Welfare and Institutions Code Section 12300.4 sets a specified number of hours per week an IHSS provider can work and forbids overtime beyond the specified hours. Section 12300.4 also limits travel for providing services to multiple recipients to seven hours per week. Recipients will need to hire multiple providers if their hours are greater than the specified maximum. CDSS will be mailing informational notices and forms to IHSS recipients and providers.

Counties will be responsible for implementing and enforcing the overtime and travel limitations.  ACL 15-97 (12/1/15).

Computation of CalWORKs and CalFresh overpayments and overissuances

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NOTE: This ACL is superseded in part by ACL 24-23, summarized here.  It no longer applies to CalFresh overissuances.

CDSS has changed its policy regarding computation of CalWORKs overpayments and CalFresh overissuances. The amount of an overpayment or overissuance is determined by recreating the circumstances of the case and recalculating the grant based on all of the income that the client was required to report. Previously, any decreases in income during the payment period that were not reported were not considered in the determining the amount of the overpayment or overissuance.

CDSS’ new policy is that decreases in income that would have increased the grant amount must be considered in determining the amount of the overpayment or overissuance. The result of this change is that the amount of overpayments and overissuances based on unreported income must be adjusted based on any unreported decreased in income during the reporting period.  ACL 15-95 (12/1/15).

New child support online application

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The California Department of Child Support Services (DCSS) is releasing a new on-line application that is scheduled for implementation in December, 2015. The application, called Virtual Interactive Online Application for Child Support Services (VIOLA), will be the single application process available on DCSS’ website.

VIOLA will be free to use, interfaces with the state child support computer system, can automatically create a new case and allows uploading of up to 30 documents.  LCSA Letter 15-15 (11/23/15).

Residency for CalFresh

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CDSS has issued guidance on determining residency for purposes of CalFresh eligibility. CDSS states that counties cannot have a durational residency requirement, cannot require a fixed mailing address, and cannot require intent to permanently reside in the county as conditions of CalFresh eligibility.   Temporary absence from a county when there is an intent to return should not affect CalFresh eligibility or require an inter-county transfer.

“Whereabouts unknown” is not a permissible reason to terminate CalFresh benefits. If mail is returned as undeliverable, counties should send a request for information form to the last known address, if that form is not returned within 10 days, the county can terminate benefits.

Semi-annual reporting households are only required to report address changes when submitting a semi-annual report or at annual recertification. Change reporting households must report address changes within 10 days.

An overissuance cannot be established solely because a client accesses benefits in another county or state or is temporarily located in another county or state.  ACL 15-91 (11/3/15).

End of CalFresh change reporting

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Currently, migrant and seasonal worker households, homeless household and households in which all adults are elderly or disabled are subject to change reporting, that is reporting all changes in household income or composition within 10 days. SB 79 Sections 54 and 55 require the elimination of change reporting and converting all households to semi-annual reporting by January 2017.

CDSS has issused instructions about transitioning these households to semi-annual reporting. CDSS states that counties that use the CalWIN computer system will convert on June 1, 2016 and counties that use the C-IV and LEADER computer systems will convert on July 1, 2016. CDSS will sent information notices to all effected households six months and three months before the change. In addition, CDSS directed counties to find good cause for late submission of a semi-annual report for twelve months after the change to semi-annual reporting occurs if the report is submitted in the first month after it is due.  ACL 15-90 (10/30/15).

CalFresh COLA

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CDSS has issued the CalFresh cost of living increase for Federal Fiscal Year 2016. Effective October 1, 2015, the maximum CalFresh grants increases to $194 per month for a one person household with similar increases for larger households. The maximum shelter deduction increases to $504. The standard deduction increases to $155 for a one to three person household with similar increases for larger households. The standard utility allowance increases to $385, the limited utility allowance increases to $118 and the telephone utility allowance decreases to $19.

CDSS included a chart of new income eligibility standards, maximum allotments, and deductions. ACIN I-75-15 (9/4/15).