Author: Stephen Goldberg

CalWORKs annual redetermination reminder notice

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The California Department of Social Services has issued guidance regarding implementation of a reminder notice at annual recertification.  Counties must redetermine continuing CalWORKs eligibility every twelve months.  When recipients do not complete their annual redetermination by the 15th day of the month it is due, counties must send a discontinuance notice.  In addition, counties must try to make personal contact with the recipient by telephone, face-to-face, or, if the recipient has given consent, by text message or other electronic method.  If the county is unable to make personal contact, the county must document the attempt to make personal contact in the case file.

If the recipient does not complete their annual redetermination after the county has sent the discontinuance notice and attempted personal contact, the county must send a reminder notice to the recipient to complete their annual redetermination.  The county must send the reminder notice no later than five calendar days before the annual recertification is due.  This requirement to send a reminder notice is effective on July 1, 2024, or the date the new form notice is automated in CalSAWS, whichever is later.  (ACL 23-88, October 16, 2023.)

Administrative review and state hearing requests for Franchise Tax Board intercepts for CalWORKs overpayments

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California Department of Social Services (CDSS) can use the Franchise Tax Board (FTB) Interagency Intercept Collection Program to intercept state income tax refunds, lottery winnings and unclaimed property disbursements for CalWORKs overpayments.  FTB intercepts were suspended effective March, 2020 because of COVID-19.  FTB intercepts restarted on July 13, 2022.

Prior to a CalWORKs debt being submitted to FTB, the CalWORKs recipient can request a county administrative review if they believe that all or part of the debt is either not delinquent or not legally enforceable.  The recipient must submit a written request to the county for an administrative review within 30 days of receiving the FTB pre-offset notice. If the request for administrative review is submitted within this period, the county must not submit the debt to FTB until the conclusion of the administrative review process.  If the administrative review review request is submitted after that period, the county must submit the debt to FTB, and stop collection only if the recipient wins the administrative review.

If requested, recipients are entitled to inspect and copy county records related to the debt prior to the administrative review.  Counties must mail copies of records to the recipient as a reasonable accommodation for recipients unable to come to the county office.

The administrative review must: confirm the notice was adequate and language compliant,  verify that a demand letter/notice was properly issued; ensure CalWORKs overpayments resulting from client error and administrative error do not exceed the $250 collection threshold and are within the two-year collection period from the date of computatation; verify that the recipient was given the opportunity to appeal the claim and any state hearing decision; verify that no responsible party to the claim is an active member of a CalWORKs assistance unit; verify the current balance of the claim and any collections or payment agreements; verify the claim meets the criteria for referral to the FTB per MPP section 20-403; and consider any evidence provided by the recipient.

The county must issue a decision on the administrative review within 30 days of receiving the request.  The administrative review decision must include: the reason the debt is past due and legally enforceable; that the county intends to refer the claim to the FTB; and that the recipient  may request a State Hearing to review the county’s decision.

If the administrative review finds for the claimant, the county must delete the debt and return any intercepted money within 10 days of receiving the decision.

If the recipient requests a state hearing either before requesting an administrative review, or while the administrative review is pending, the request will be considered an appeal of the CalWORKs overpayment.

The recipient can request a state hearing to appeal the administrative review decision within 90 days of either the initial notice of action establishing the overpayment or the county administrative review decision.  If the hearing request is submitted within this time period, the debt cannot be submitted to FTB.

If the hearing request is submitted within 180 days of either the initial notice of action establishing the overpayment or the county administrative review decision, and the Administrative Law Judge finds good cause for late filing, FTB intercept must stop.

If the hearing request is submitted after 180 days of either the initial notice of action establishing the overpayment or the county administrative review decision, FTB intercept continues pending the hearing decision.

If the hearing request is submitted more than 90 days after either the initial notice of action establishing the overpayment or the county administrative review decision, or the county believes the issues were decided in a prior state hearing, the county can request bifurcation of the hearing in order to address state hearing jurisdiction first.

If the county wins the state hearing, the decision will state a new payment date.  If it does not, the county must issue a new demand letter or notice.  If the recipient wins the state hearing, the county must delete the debt and return any intercepted money within 10 days of receiving the decision.

If the county requests rehearing, it must comply with the hearing decision pending the outcome of the rehearing request.  If the recipient requests rehearing, and rehearing is granted within 180 days of either the initial notice of action or demand letter for payment, FTB intercept continues pending issuance of the rehearing decision.  (ACL 23-86, October 4, 2023.)

 

CalFresh Elderly Simplified Application

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California Department of Social Services (CDSS) has issued the new CalFresh Elderly Simplified Application, form CF 485.  The CF 485 is to be used by CalFresh applicants who are eligible for the Elderly Simplified Application Project (ESAP).  CalFresh households are eligible for ESAP if all household members are age 60 or older, and/or are people with disabilities, and the household has no earned income.

ESAP eligible household are not required to use the CF 485 form.  They can use any CalFresh application form and still be eligible for ESAP benefits such as extended certification period with no semi-annual reporting.

As with any other CalFresh application, the only information required to submit the CF 485 is name, address, and signature.

The CF 485 form must be available in the county welfare department office, and upon request.  The CF 485 is only a paper application and is not available in BenefitsCal.  (ACL 23-85, October 10, 2023.)

CalWORKs Pregnancy Special Needs revised notices of action

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California Department of Social Services (CDSS) has issued new notices of action regarding CalWORKs Pregnancy Special Needs payments.  The notice approving a CalWORKs Pregnancy Special Needs payment (M-44-211L) has been revised to include the option to provide a sworn statement or verbal attestation when medical verification is not available at the time of application. Recipients who provide a sworn statement or verbal attestation must provide medical verification of pregnancy within 30 working days following submittal of the sworn statement or verbal attestation for benefits to continue. The revised notice also informs recipients that if the pregnancy ends prior to the estimated delivery date and does not result in the live birth of a child, they are required to report that to the county within 30 days of the end of the pregnancy.

The Notice to Discontinue Pregnancy Special Needs Supplement (M44-211N), and Notice to Discontinue Cash Aid for Pregnant Person Only Assistance Unit (M82-820D) have been revised to add two new reasons to end the CalWORKs Pregnancy Special Needs Supplement: (1) when the pregnancy ends prior to the estimated delivery date and does not result in the live birth of a child, and (2) when medical verification has not been given to the county within 30 working days of receipt of the sworn statement or verbal attestation, and the recipient has not provided evidence of a good faith effort to comply with the verification requirement.

The new Notice to Discontinue Cash Aid for Pregnant Person Only Assistance Unit (M82-820D) Pregnancy Special Needs Supplement (M44-211N) has been revised to add two new reasons to end the CalWORKs Pregnancy Special Needs Supplement: (1) when the pregnancy ends prior to the estimated delivery date and does not result in the live birth of a child, and (2) when medical verification has not been given to the county within 30 working days of receipt of the sworn statement or verbal attestation, and the recipient has not provided evidence of a good faith effort to comply with the verification requirement.

These new notice of action messages will only be available in the CalSAWS computer system.  Counties may continue to use the prior versions of these notice of action messages until they are automated for all counties.  The letter does not include a timeframe for automation of these new notice of action messages.   (ACL 23-78, September 12, 2023.)

 

ebtEDGE application

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California Department of Social Services (CDSS) has provided information about the new ebtEDGE mobile and web-based application.  The ebtEDGE application will allow people who receive CalWORKs and/or CalFresh benefits with an electronic benefits transfer card to manage their card in several different ways, including: freezing and unfreezing the card, resetting the PIN, blocking interstate transactions, blocking out of state transactions, requiring biometric identification to log in to the account, account services such as change password, update email address, and update challenge questions and answers, dispute transactions (not including lost or stolen cards and fraudulent transactions), view transaction history, and set language preference.

All existing and active web-based user name and passwords will be maintained to allow immediate access to ebtEDGE through the EBT Cardholder Website.  Users will not need to create a new username or password. These same usernames and passwords can also be used when installing the mobile application on mobile devices.  (ACIN I-50-23, September 25, 2023.)

NOTE: By separate email, CDSS announced that ebtEDGE will be available for use beginning early morning on November 10, 2023, and for new accounts beginning on November 10, 2023 at 9:00 am.

Treatment of income from Guaranteed Income Pilot Programs for HUD housing programs

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The United States Department of Housing and Urban Development (HUD has sent a letter to the California Department of Social Services regarding treatment of Guaranteed Income Pilot Programs for its programs.

HUD denied California’s request for a waiver that would allow disregard of Guaranteed Income Pilot Program payments as income for HUD programs.  However, HUD stated several possibilities regarding Guaranteed Income Pilot Programs payments.

Prior to January 1, 2024 (the implementation date of The Housing Opportunities Through Modernization Act of 2016) both public housing authorities and multifamily owners and operators can exclude Guaranteed Income Pilot Program payments as temporary income.  This can happen until the first income examination for the family on or after January 1, 2024.

Prior to January 1, 2024, public housing authorities may establish a permissive deduction for Guaranteed Income Pilot Program payments.

After January 1, 2024, both public housing authorities and multifamily owners and operators can exclude Guaranteed Income Pilot Program payments in the final year of the program if the Pilot Program will not provide payments after that.

After January 1, 2024, both public housing authorities and multifamily owners and operators may calculate family income using certain other programs determination of income, as long as those determinations are made are made during the previous 12 -month period by the other program as effective with the Housing Opportunities Through Modernization Act of 2016 changes effective on January 1, 2024.  Those other programs include CalWORKs; Medi-Cal; CalFresh; Earned Income Tax Credit; Women, Infants, and Children; and Supplemental Security Income.

After January 1, 2024, public housing authorities may establish or continue a permissive deduction for Guaranteed Income Pilot Program payments for public housing, Housing Choice Voucher, and Moderate Rehabilitation programs.  (Letter from HUD, no date given.)