Author: Stephen Goldberg

CalFresh application denials before 30th day

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Under a federal waiver, California can deny CalFresh applications 10 days after the date of a request for verification if the applicant does not provide the requested information. This letter states that a welfare department cannot deny a CalFresh application for failure to provide verification within 10 days of a request unless an interview is completed. In addition, the denial cannot be effective until 30 days after the application is filed.

This letter also reminds counties: 1) they must schedule interviews for all CalFresh applicants who are not interviewed on the day they submit their application, 2) cannot deny an application prior to the 30th day after application if the household misses their first scheduled interview, 3) they must send a denial notice on the 30th day following the date of the application if the household misses a scheduled interview and does not tell the county they want to pursue the application, and 4) counties must give at least 10 days for applicants to provide missing verification.  ACL 15-93 (11/20/15).

Requests for child support accountings

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The California Department of Child Support Services has released a reminder that local child support agencies (LCSAs) must provide accountings in child support cases on request. The LCSA must provide an audit of arrears within 30 days of a request by either a custodial or non-custodial party. If the LCSA cannot complete a review of arrears within 30 days, the LCSA should send a letter to the requestor informing of the delay and an estimate date for completion of the audit of arrears.

The LCSA must also provide a payment history to non-custodial parents on request.

A custodial or non-custodial party can file a request for complaint resolution for failure of a LCSA to provide a financial audit on request.  CSS Letter 15-12 (12/3/15).

Unticking CalWORKs clock for zero participation months

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CDSS has issued guidance about unticking months on the 24 month time on aid clock for adults with zero participation hours. Months should be unticked from the 24 month time on aid clock if, for any six consecutive month period between January 1, 2013 and September 30, 2015, the adult was aided, had zero WTW participation hours and the 24 month clock ticked.

In addition, good cause should be found and months unticked from the 24 month time on aid clock when either the client was unengaged in WTW prior to initiation of WTW compliance process, or months when more than 60 days passed between the initiation of WTW compliance and imposition of a sanction.

Counties are required to identify these cases and send an informing notice that months are being added to the 24 month time on aid clock.  ACL 15-99 (12/1/15).

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).