Author: Stephen Goldberg

CalFresh Cost of Living increase

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Effective October 1, 2024, the maximum monthly allotment for a one-person household in California is $292, for a two-person household $536, for a three-person household is $768, for a four-person household is $975, for a five-person household is $1,158, for a six-person household is $1,390, for a seven-person household is $1,536, for an eight-person household is $1,756 and add $220 for each additional household member above eight.

The maximum shelter deduction for households without an elderly or disabled household member is increased to $712.

The homeless shelter deduction is increased to $190.30.

The standard deduction is increased to $204 for households of 1-3 people, $217 for households of 4 people, $254 for households of 5 people, and $291 for households of six or more people.

The Standard Utility Allowance (SUA) is increased to $645.  The Limited Utility Allowance (LUA) is increased to $166.  The Telephone Utility Allowance (TUA) remains at $19.

The resource limit for households subject to it is increased to $3,000.  The resource limit for households with a least one household member over age 60 or disabled is increased to $4,500.  This is also the threshold for substantial lottery or gambling winnings that must be reported.  (ACIN I-45-24, September 23, 2024.)

CalFresh Restaurant Meals Program annual letter

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The CalFresh Restaurant Meals Program (RMP) is a program that allows eligible households to use their CalFresh food benefits to purchase prepared meals at approved food establishments. Households that have only adults age 60 and older (and their spouses), people with disabilities (and their spouses), or homeless persons qualify. Both County Welfare Departments (CWD) and the California Department of Social Services (CDSS) can administer the program.

Counties have two options for administering the RMP:

  • Under the county administered option, the CWD administers the RMP at the local level.
  • Under the state administered option, CDSS administers the RMP at the state level. The CDSS implements the RMP in all counties not offering the program and assumes administration of the program at the request of CWD’s. CWD’s must inform the CDSS they intent to transition 120 days before the transition date.

Regardless of who has oversight over the RMP, all CWDs must:

  • Certify eligible households have the RMP indicator turned on at application, recertification, periodic report, or any time there is a change in household circumstances.
  • Inform applicants of their eligibility for the RMP at application.
  • Inform RMP eligible households of the names and addresses of RMP restaurant vendors in their county.
  • Enable the county consortia RMP to pull accurate RMP data.

For locally administered RMPs, CWDs must:

  • Conduct outreach to potential restaurant vendors and ensure they are located in eligible service areas.
  • Screen restaurant vendors to ensure they meet program requirements.
  • Enter into a Memorandum of Understanding (MOU) with restaurants outlining the program while providing technical assistance during the application process.
  • Act as a liaison between restaurant vendors and the CDSS.
  • Perform ongoing program monitoring.

Regardless of who has oversight over the RMP, the CDSS will:

  • Maintain a list of RMP restaurant vendors.
  • Act as a liaison between RMP partners and United States Department Agriculture, Food and Nutrition Service (FNS) to maintain information sharing.

For state administered RMP’s, CDSS will:

  • Conduct outreach to restaurant vendors and screen vendors to ensure they meet program requirements.
  • Ensure vendors are located in service areas.
  • Act as a liaison between restaurant vendors and FNS.
  • Enter into a Permanent Single Agreement (PSA) outlining the program, while providing technical assistance during and after the vendors application process.
  • Perform ongoing program monitoring.

(ACL 24-58, August 12, 2024.)

Use of CDSS interpreter services and confidentiality agreement form

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The California Department of Social Services (CDSS) has issued new guidance and instruction regarding county use of the CR 6181 Interpreter Services Statement and Confidentiality Agreement form.  The CR 6181 must be used when individuals with limited English proficiency use their own verbal interpreter, or when deaf and hard of hearing persons use their own sign language interpreter.

The CR 6181 informs people of the possibility of communication errors when they use their own interpreter.  It also informs that their interpreter may need to interpret sensitive and personal information, and the county cannot guarantee that the client provided interpreter will maintain confidentiality.  The CR 6181 does not replace the GEN 1365 Notice of Language Services form.  Counties must not compel, encourage, or require an applicant/recipient to use their own interpreter, or discourage use of a county provided interpreter.

After a county is informed that an applicant/recipient needs an interpreter, the county must offer free county-provided interpretation at each substantive client contact.  When an applicant/recipient decides to use their own interpreter after being offered a free interpreter, counties must use the CR 6181.  The CR 6181 is consent and a release of information which allows the applicant/recipient to use their own interpreter.

The county must not rely on the client-provided interpreter to help the individual understand or complete the CR 6181.  The county must use a county-provided interpreter for questions about the CR 6181 form.  A new CR 6181 form must be completed if the prior CR 6181 is more than one year old, or the applicant/recipient is using a different interpreter.  The county cannot use the applicant/recipient provided interpreter without a completed CR 6181.

For communication by telephone, counties must accept the CR 6181 by telephonic signature or another form of agreement.

Minors can only be used for interpretation temporarily and only until the county provides an interpreter.  Because use of a minor is temporary, a CR 6181 is not needed when a minor acts as an interpreter.

Counties must inform applicants/recipients of their right to free interpretation.  The county cannot conduct substantive, program related  (ACL 24-68, October 17, 2024.)

 

Housing First guidelines for CDSS housing programs

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The California Department of Social Services (CDSS) has issued guidelines for implementing Housing First Principles for CalWORKs Housing Support Program, Bringing Families Home, Housing and Disability Advocacy Program, and Home Safe.  Counties must design and implement these programs in accordance with Housing First.

Housing First is an evidence-based approach that connects individuals and families experiencing or at risk of homelessness to permanent housing as quickly as possible.  Housing First also offers voluntary supportive services as needed and requested without making housing contingent on participation in supportive services.  Housing First follows the basic principle that everyone is ready for housing, regardless of the complexity or severity of their needs, and stable housing is the foundation for achieving other goals.

Other foundational principals of Housing First include:

  • Social Services and care coordination are key elements of housing stability
  • Housing First promotes flexibility, individualized support, client choice, and autonomy, and is not one size fits all.
  • Housing First operates across the spectrum of housing interventions, and is not limited to one type of program.
  • Supportive services are offered throughout the recipient’s time in the program.

Housing First must be incorporated into all aspects of program design, including written program polices and procedures.  Housing First must be followed throughout the duration of service delivery, not just at enrollment in the program.

Counties must work collaboratively with recipients to develop individualized housing and service plans.

Housing First has eleven core components:

  1. Tenant screen and selection practices must promote accepting applicants regardless of their sobriety, use of substances, completion of treatment, or participation in services.
  2. Applicants are not rejected because of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of housing readiness.
  3. Counties must accept referrals directly from shelters, street outreach, drop-in centers, and other parts of the crises response system used by people experiencing homelessness.
  4. Supportive Services must emphasize engagement and problem solving over therapeutic goals and service plans that do not have predetermined goals.
  5. Participation in services or program compliance is not a condition of permanent housing tenancy.
  6. Tenants should have a leave that meets all legal requirements.
  7. Using alcohol of drugs, by itself without other lease violations, is not a reason for eviction.
  8. In communities with coordinated assessment and entry systems, eligible tenants should be prioritized on criteria other than first-come-first serve.
  9. Case managers and services coordinators should be trained in actively use evidence-based practices.
  10. Services must be informed by a harm-reduction philosophy.
  11. The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health, community, and independence.

(ACL 24-88, November 15, 2024.)

Implementation of CalWORKs overpayment discharge policy

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The California Department of Social Services (CDSS) has implemented the CalWORKs overpayment discharge policy.  The policy is stated in ACL 19-102, summarized here, became effective upon automation.  The CalSAWS computer system automated the policy as of May 20, 2024.  Counties must now discharge eligible claims as soon as administratively possible

If county must discharge non-fraudulent CalWORKs overpayments if the case is closed and the individual liable for the CalWORKs overpayment has not received CalWORKs for 36 consecutive months or longer.  For families with tow liable adults, if one adult has not received CalWORKs for 36 consecutive months and the other adult has received CalWORKs in the 36-month period, the overpayment claim cannot be discharged.  However, the county cannot pursue the overpayment from the adult who has not received CalWORKs for 36 consecutive months.

Counties cannot pursue collection of any non-fraudulent overpayments with a balance of $249 or less if the liable individual is no longer receiving CalWORKs.  This includes sending demand letters and tax intercepts.  Overpayment claims under the threshold must be discharged after the CalWORKs case is closed and the liable adult(s) have not received CalWORKs for 36 consecutive months.  If the overpayment claim has more than one liable adult, and one of the liable adults receives CalWORKs in the 36 month period, the county must collect the overpayment by grant adjustment even if it is below the threshold.

If the claim has two liable adults and one of them is repaying the overpayment, the county must suspend collection from all liable adults if the outstanding balance falls below $250.

The county can collect overpayments from active annual reporting/child only (ARCO) cases.  After an ARCO case is closed, the county cannot collect from a child or adult who was unaided.  If the unaided adult in an ARCO case does not reapply for CalWORKs for the same eligible children for 36 consecutive months, the overpayment claim must discharged.

If a child who was previously in an ARCO case receives CalWORKs as part of a different family, any overpayments cannot be attributed to the new family.

Mass overpayments are overpayments caused by the same action or inaction that affects eight percent of the CalWORKs caseload, or 1,000 CalWORKs families, whichever is greater.  Counties must report mass overpayments to CDSS and identify whether they were caused by negligence or systemic error.  Mass overpayments can be discharged, but must be reported to and verified by CDSS.  When the mass overpayment is verified and approved by CDSS, counties must discharge them and refund any collections.

Counties can reach settlements of overpayments with current or former recipients for nonfraudulent overpayments.  The 36-month timeframe cannot be considered when negotiating a settlement.  If a negotiated settlement amount has not been fully recovered after a family’s case has been closed for 36 consecutive months, the outstanding balance must be discharged.

An overpayment claim must be discharged if it is deemed uncollectable by a Bankruptcy Court or another court decision.

The CalWORKs overpayment discharge policy does not apply to overpayments involving fraud or suspected fraud.  Overpayments that have been referred to Special Investigative Units cannot be discharged unless the investigation is inconclusive or finds no evidence to support the fraud allegation.  An intentional program violation can only be determined by an administrative disqualification hearing decision, a signed administrative disqualification hearing waiver, a court decision, or a signed disqualification consent agreement.

These policies apply to Welfare-to-Work supportive services overpayments.

Overpayment claims established prior to December 1, 1996 cannot be discharged.  (ACL 24-84, November 21, 2024.)

 

Manner of appearance for Social Security administrative law judge hearings

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The Social Security Administration’s new regulations about manner of appearance in administrative law judge hearings are effective as of November 23, 2024.

The new regulations allow Social Security to schedule hearings in one of four ways:

  1. Audio appearance (previously called telephone appearance). Claimants can object to audio appearance within 30 days of receiving the notice of hearing.  The 30-day deadline can be extended for good cause.  Notwithstanding an objection, Social Security can schedule an audio hearing in extraordinary circumstances or when the claimant is incarcerated.
  2. Agency video appearance (previously called video teleconferencing (VTC) appearance). This is holding the hearing by video conference in a Social Security office.  Claimants can object to audio appearance within 30 days of receiving the notice of hearing.  The 30-day deadline can be extended for good cause.
  3. Online video appearance, which is video conference using the claimant’s personal electronic device. Claimants can agree to audio appearance within 30 days of receiving the notice of hearing.  The 30-day deadline can be extended for good cause.  Even without good cause, Social Security can consider a request to change to an online video hearing after the 30-day period if it would be efficient to conduct the hearing by online video and the circumstances provide a good reason the hearing by online video.  The claimant can withdraw their agreement ti online video any time before the hearing begins.
  4. In person hearing at an Office of Hearings Operations hearings site.

(Social Security Dear Colleague Letter, November 21, 2024.)

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