CalFresh waivers of 10-day requirement to report food loss

CalFresh recipients who lose food because of a power outage have 10 days to ask for replacement of the food they purchased.  The Food and Nutrition Service has approved a waiver of the 10-day time frame to request food replacement for three counties because of various disasters.  The deadline to request food replacement for households in Siskiyou County because of power outages due to wildfires is extended to September 14.  The deadline to request food replacement for households in Del Norte County because of power outages due to wildfires is extended to September 18.  The deadline to request food replacement for households in Riverside county because of power outages due to Hurricane Hillary is extended to September 19.  (August 24, 2023 letter from FNS (Siskiyou), Letter from FNS (Del Norte), August 30 2023 letter from FNS (Riverside).)

General overview of Refugee Cash Assistance and Trafficking and Crime Victims Assistance Program

California Department of Social Services (CDSS) has issued a general overview of the Refugee Cash Assistance (RCA) program and Trafficking and Crime Victims Assistance Program (TCVAP).

RCA is a federally-funded, 12-month cash assistance program available for non-citizen populations who are not otherwise eligible for cash aid. The state may operate a publicly-administered RCA program consistent with CalWORKs where program regulations relating to financial eligibility and payments apply, unless specifically superseded by RCA regulations.

RCA benefits are available to refugees, asylees, Cuban and Haitian Entrants, certified survivors of human trafficking, and Iraqi or Afghan Special Immigrant Visa holders.

Although humanitarian parolees are generally not eligible for federal public benefits, including RCA, Afghan Humanitarian Parolees (AHP), Cuban and Haitian Entrant Humanitarian Parolees (CHP and HHP), and Ukrainian Humanitarian Parolees (UHP) are now eligible.

Cuban and Haitian Entrant Humanitarian Parolees (CHP and HHP) previously received benefits from the Entrant Cash Assistance program. They do not meet the requirements for other state or federal cash assistance programs. The term “Cuban or Haitian Entrant” refers to benefit eligibility rather than an immigration status. Cuban-Haitian Entrants may be eligible for certain federal public benefits, including Medicaid, Refugee Cash and Medical Assistance, Refugee Social Services, Social Security, SSI, SNAP, TANF, and Federal Student Aid.

Cuban or Haitian Entrants must meet all RCA eligibility criteria except for refugee status. The twelve month time eligibility starts the date of parole, and they retain eligibility for services even if their parole status expires prior to the end of the twelve month time eligibility.

Refugees awarded RCA benefits and services must participate in employment services (unless exempt or found to have good cause) and other social services designed to assist them in becoming self-sufficient. Recipients must provide proof of registration and participation in CDSS or other county-approved employment services. If CDSS or county approved programs are unavailable, recipients must be referred to EDD for registration.

Individuals must be given the opportunity to apply for cash assistance and counties must determine eligibility no more than 30 days from date of application, including an evaluation of immediate need. In order to avoid RCA overpayments, counties should contact resettlement agencies that may assist refugees to find out what assistance they are providing to the refugee and possible Matching Grant enrollment. Participants in Matching Grant programs are not eligible to receive RCA. Refugees who lose contact with their sponsor may be granted RCA until they have another sponsor.

RCA applicants are not required to disclose their Social Security Number, but counties may ask them to voluntarily do so.

For information regarding required immigration documents, verifying the entry and eligibility dates and other specific program information for the eligible arrivals, refer to ORR PL 16-01 and the corresponding ORR Documentation Guide. If the county is unable to confirm immigration status, a written declaration under penalty of perjury may permitted and benefits issued while using other methods, such as SAVE, to verify information.

TCVAP is a state-funded program that provides critical support, benefits, and services to non-citizen victims of human trafficking, domestic violence, and other serious crimes who are not eligible for federally-funded benefits and services. TCVAP is available for holders of a nonimmigrant T-Visa or U-Visa which allows them to remain in the U.S. while cooperating with law enforcement in investigations and/or prosecution of the perpetrator. TCVAP is also available for victims who have a Continued Presence (CP) designation. CP designation is for victims of a “severe form of trafficking in persons” who may be potential victims. CP allows victims to remain in the U.S. temporarily and find employment while the investigations and any civil actions against their traffickers are ongoing. TCVAP benefits and services are state-funded equivalents of RCA and Refugee Support Services (RSS).

Eligibility for TCVAP benefits and services is dependent on applicants establishing that they are a victim of a severe form of human trafficking, domestic violence, or other serious crimes. Applicants must make a sworn statement or have documentation showing that they are a victim of a severe form of human trafficking, and show they meet the income and resource limitations. In addition, applicants must be able to show they are taking steps to meet eligibility conditions for federal benefits such as applying for a T-Visa with USCIS.

TCVAP recipients must participate in employment services, unless exempt or found to have good cause, and other social services designed to assist them in becoming self-sufficient. Recipients must provide proof of registration and participation in CDSS or other county-approved employment services. If CDSS or county-approved programs are unavailable, recipients must be referred to EDD for registration.

TCVAP also provides benefits and services to noncitizen victims of domestic violence or other serious crimes. The U Visa is available to noncitizen victims of qualifying crimes who have suffered mental or physical abuse as a result of having been a victim of criminal activity; have information about the criminal activity; and were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. Applicants are eligible for TCVAP if they have filed an application for a U-Visa or have been granted a U-Visa and meet the income and resource limitations.

Eligibility for state-funded benefits and services are extended to domestic violence and other serious crimes victims who have filed an application for a U-Visa or have been granted a U-Visa, and meet the income and resource limitations.

TCVAP-eligible individuals qualify for TCVAP Cash Assistance, TCVAP CalWORKs, TCVAP Employment and Social Services, and California Food Assistance Program (CFAP). TCVAP benefits and services are equivalent to benefits available in the RCA program.  TCVAP cash assistance is available for up to 12 months for adults/families without children, and up to 60 months for families with children and begins the date of initial application for public benefits.

Counties must determine the eligibility of applicants for TCVAP Cash Assistance within 30 days and TCVAP CalWORKs within 45 days.

Employment and training requirements must be appropriate for the recipient. If a recipient is not authorized to work, or is technically or legally unable to participate, they are exempt and cannot be required to participate. Recipients should be provided with activities that will help them prepare for future employment such as English language training, job skills development, and job specific training.

TCVAP recipients are also exempt if physical or psychological trauma related to or arising from the victimization impedes their ability to comply. A physician’s written statement is required to show that the illness or injury is serious enough to temporarily prevent their participation in an education or training program.

RSS program is available in impacted counties that provides up to five years of employability and other services that address certain barriers to employment. The employability services are designed to enable refugees to obtain jobs within one year of becoming enrolled by providing social adjustment, culturally and linguistically appropriate services, and acquisition of skills needed to gain employment and become self-sufficient.

In refugee-impacted counties, TCVAP services are available for up to 5 years and one year in non-impacted counties following the date of application. TCVAP provides services equivalent to those under the RSS program. Current refugee-impacted counties include Alameda, Los Angeles, Orange, Sacramento, San Diego, San Francisco, Santa Clara and Stanislaus. These counties have designated County Refugee Coordinators that can be contacted with questions regarding RCA/Entrant RCA or RSS.

Non-impacted counties refer RCA recipients to approved CDSS-funded or county-approved employment programs. If no employment programs are available to the recipient, the county must refer them to EDD for registration using the EDD-approved forms and clearly indicating the recipient’s immigration and eligibility status. (ACIN I-36-23, July 10, 2023.)

 

Change to CalFresh treatment of Guaranteed Income

Effective immediately, Guarantee Income (GI) payments that have any amount of non-government funding and are exempt from being considered as income for CalWORKs are also not counted as income for CalFresh. This means that CalFresh GI exemptions are no longer limited to funds from individually approved CalWORKs demonstration projects.

Some programs have already been screened and approved by the California Department of Social Services to meet the requirements to be exempt for CalFresh purposes.  Counties can rely on those approvals.  To exempt future GI payments for CalFresh, counties will need to determine whether GI payments contain any non-governmental funds.

For resource determinations, this change will not impact households that have Modified Categorical Eligibility status because they do not have a resource limit for CalFresh.  Households that do not have Modified Categorical Eligibility must meet a resource test, and they will be at risk of losing CalFresh if GI payments that they save put them over the resource limit at initial application, semi-annual reporting, or annual recertification.  Households that do not have Modified Categorial Eligibility are households that contain sanctioned individuals, or elderly or disabled households with income over 200% of the Federal Poverty Level.  (ACL 23-60, July 5, 2023.)

Providing CalWORKs supportive services via contractors

WTW participants are eligible to receive supportive services, including child care, transportation, and ancillary expenses.  If supportive services are not provided, the participant has good cause not to participate.

The California Department of Social Services has informed counties that they can allow Welfare-to-Work (WTW) contractors to provide supportive services directly to participants.  These contractors include job search agencies, education agencies, and other entities that provide WTW services. Counties may enter into written agreements or memorandum of understanding to directly provide supportive services to WTW participants.

Counties should continue to process overpayments of supportive services including overpayments of supportive services issued by contractors, without change.  (ACIN I-42-23, August 8, 2023.)

Requirement to use CW 80 Self-Certification Form for Motor Vehicles

The California Department of Social Services has issued a reminder that counties must use the CW 80 Self-Certification Form for Motor Vehicles for CalWORKs applicants and recipients.  The CW 80 form must be used at application and redetermination instead of the SAWS 2 Plus Appendix E while the SAWS 2 Plus is being updated. The CW 80 must also be used for mid-period reports and at the semi-annual reporting if the recipient is reporting a vehicle.  CDSS is releasing this reminder because file reviews showed that counties were using the SAWS 2 Plus instead of the CW 80.

When the revised SAWS 2 Plus is available, the CW 80 will only be used for mid-period of a vehicle that was not previously reported. (ACIN I-42-23, August 8, 2023.)

CalFresh Employment and Training Screening and Referral Requirement

Counties are responsible for screening and referral of CalFresh applicants and recipients to the CalFresh Employment and Training program as part of the certification process.  California Department of Social Services criteria for referral includes all CalFresh applicants and recipients who are interested in services.  Counties have flexibility to develop their own criteria for referral to CalFresh employment and training.

Counties can only administer employment and training programs to people who want to participate.  Counties cannot disqualify voluntary participants for failure to follow program rules, Applicants and recipients cannot be sanctioned or negatively affected because of non-participation.

If an individual was not screened or referred to CalFresh employment and training during certification, the individual or the employment and training program can ask the county to complete a screening and referral.  (ACL 23-34, March 28, 2023.)