Author: Stephen Goldberg

Social Security changes Title II overpayment withtholding rate to 50%

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Effective April 25, 2025, the default withholding amount from ongoing Title II (Social Security Disability and derivative) benefits to recoup overpayments will be 50% of the monthly benefit.  The 50% rate will begin unless the individual requests a lower rate of repayment, reconsideration, or waiver of the overpayment within 90 days.

Prior overpayments will continue to have the 10% withholding rate.  The 50% percent withholding rate will apply to individuals who incur a new overpayment and have a prior outstanding overpayment.

The overpayment recovery rate for Title XVI cases (Supplemental Security Income) will remain at 10%.   (EM 25029, April 25, 2025.)

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Implementation of CalWORKs Homeless Assistance changes

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Two changes in the CalWORKs Homeless Assistance program that were delayed pending automation are now implemented.  Effective March 5, 2025, CalWORKs Homeless Assistance eligibility is expanded to include families who receive any eviction notice.  Previously, CalWORKs Homeless Assistance eligibility was limited to families who received a notice to pay rent or quit.

Also effective March 5, 2025, for purposes of Homeless Assistance, domestic violence perpetuated by a roommate that results in homelessness includes domestic violence by a parent or child the family is living with.  This expanded definition applies to the domestic violence exception to the once in a 12 month period rule for Homeless Assistance, and the Expanded Homeless Assistance for Victims of Domestic Abuse.  (ACIN I-15-25, April 27, 2025.)

Adoption Assistance Program eligibility for Indian children

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Prior to January 1, 2025, an Indian child who was adopted from tribal jurisdiction was not eligible for Adoption Assistance Program (AAP) benefits.  This was because tribal courts generally do not terminate parental rights as part of the adoption process.

Effective January 1, 2025, an Indian child whose case is transferred from state court jurisdiction to tribal court jurisdiction can be eligible for AAP because a final order of adoption from the tribal court now meets the criteria for AAP eligibility.

In these cases, the county of state court dependency jurisdiction is the responsible county and responsible public agency for AAP.

A tribe does not need to have a Title IV-E agreement with the state or federal government to be eligible for AAP payments.

In these cases, the tribe will need to communicate to the responsible county that there is a plan of adoption, and will need to help the adoptive parents with the AAP application.  (ACL 25-20, March 18, 2025.)

Adoption Assistance Program Wraparound services

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Wraparound services are community based mental health services.  The Adoption Assistance Program (AAP) can fund Wraparound services, in lieu of out of home placement, for up to 18 months per episode or condition.  Adoptive parents can request an additional 18 months of Wraparound services for a new episode or condition.

Adoptive parents who use Wraparound services for an AAP eligible child are private pay consumers.  Wraparound service contracts are between the adoptive parent and the service provider.  For Wraparound services, adoptive parents ask their responsible public agency to increase the child’s total monthly negotiated AAP rate to cover the cost of Wraparound services.  Adoptive parents must provide supporting documentation to the responsible public agency to support their request.

A specialized service beyond the capability of the service provider may be provided indirectly, that is, by a different provider.  The specialized service must be part of the service contract and plan of care, and it must be identified as necessary support for the AAP child by the Wraparound Team.

Wraparound service providers cannot use AAP funds to cover the costs of respite care that is more than a total of 30 days.   (ACL 24-66, August 30, 2024.)

CAPI redeterminations while in suspense status

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Cash Assistance Program for Immigrants (CAPI) recipients must have their eligibility redetermined every 12 months.  If an individual’s CAPI benefits are suspended the individual has 12 months to resolve the issue and have benefits reinstated.  CAPI benefits can be suspended when the recipient does not take action needed for their eligibility such as submitting mandatory paperwork.  Benefits are also suspended when recipients are temporary over the CAPI income or resource limit.

If a redetermination is scheduled while a CAPI recipient’s benefits are suspended, the redetermination is delayed until after the suspension is resolved and the recipient is returned to pay status.  After the suspension is resolved, the annual redetermination is initiated immediately.  If there is already a scheduled redetermination, it should be completed as scheduled.

If the recipient does not resolve the issue that caused the suspension within 12 months, the individual must reapply for benefits.

Note that verification of SSI ineligibility because of immigration status is acceptable within six month of being issued.

The county has 30 days from receiving the redetermination packet to decide the redetermination.  (ACL 25-21, April 1, 2025.)

CAPI changes to in-kind support and maintenance, and overpayment recovery changes

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The California Department of Social Services (CDSS) has informed counties of several changes to the Cash Assistance Program for Immigrants.  These changes are because of changes in federal Supplemental Security Income policies that the CAPI program follows.

Effective October 1, 2024, CAPI recipients who live with at least one other household member who receives one or more Public Income Maintenance Payments are not subject to the in-kind support and maintenance deduction for shelter assistance received from anyone inside the household.  The in-kind support and maintenance deduction is a reduction in benefits because of non-cash assistance the CAPI recipient receives.  The in-kind support and maintenance deduction still applies to shelter assistance received from outside the household.

Food is no longer counted as in-kind support and maintenance.  Only shelter can be considered in-kind support and maintenance.

Counties must evaluate all CAPI cases at least once on the 12-month period after October 1, 2024.  Counties must determine whether there is an underpayment of benefits because of this change at that evaluation.

Counties must exclude any Public Income Maintenance payments from any income from a spouse who is ineligible for CAPI or SSI that is counted in determining the amount of CAPI benefits.

Repayment plans for CAPI overpayments can now be up to 60 months.  Counties must continue to try to negotiate a recovery rate that will repay the overpayment within 12 months, counties may approve repayment agreements up to 60 months when requested.   (ACL 24-93, December 20, 2024.)