All CalWORKs overpayments established on or after August 1, 2021 for the period April, 2020 to either the end of the COVID-19 state of emergency or June 30, 2022, whichever is earlier, must be classified as administrative error. Because the COVID-19 state of emergency remained in effect, the requirement to establish all CalWORKs overpayments as administrative error ended on June 30, 2022. (ACWDL, June 27, 2022.)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
Author: Stephen Goldberg
Referring CALWORKS overpayments that occurred during COVID-19 for IPV investigation
CalWORKs overpayments established on or after August 1, 2021 for the period April, 2020 to or June 30, 2022, must be classified as administrative error. However, counties are still required to refer any overpayment for investigation when they suspect fraud. An overpayment that is initially classified as an AE under this policy must be reclassified if the county substantiates an Intentional Program Violation (IPV). An IPV can only be substantiated through a criminal court conviction, a signed Disqualification Consent Agreement, an Administrative Disqualification Hearing (ADH), or a signed ADH waiver.
Counties should consider how restrictions of in-person appointments, employment instability, income fluctuation, and delays in processing unemployment benefits have affected the ability for recipients to timely report changes when determining whether it is appropriate to refer a case for investigation as an intentional program violation. (ACL 21-151, January 22, 2022.)
COVID-19 extension of CalFresh waivers
California has been granted waivers of the initial application and recertification interview (if certain criteria are met); and of the recording requirement for telephonic signatures (if certain criteria are met) because of COVID-19. These waivers have been extended until September 30, 2022.
In addition, California has been granted a waiver of face-to-face quality control interviews for the period of July 1, 2022 through September 30, 2023. This waiver allows quality control interviews to be done by telephone. (ACWDL, June 21, 2022.)
CalFresh ABAWD time limit waiver extension
The United States Department of Agriculture has extended California’s statewide waiver of the Able Bodied Adults Without Dependents (ABAWD) rule until June 30, 2023. The ABAWD rule limits people who are not disabled and who do not have children to receiving 3 months of CalFresh every 36 months. California had a statewide waiver of the ABAWD rule. That waiver has not been extended to June 30, 2023.
Regardless of the waiver, counties must continue to identify ABAWDs, screen for exemptions and inform clients of the ABAWD rules. Counties must also track and report data about work registration, ABAWDs, and Employment and Training.
People previously discontinued from CalFresh for not meeting the ABAWD requirements can reapply and be approved for CalFresh if they are otherwise eligible and they are in a county with an ABAWD waiver (which is the entire state until at least June 30, 2023). Voluntary quit sanctions do not stop because the recipient moves to another county. (ACL 22-40, May 20, 2022.)
COVID-19 CalFresh emergency allotment for July, 2022
California has been approved to issue an emergency allotment of CalFresh for July, 2022. All households will receive at least the maximum CalFresh allotment. Households eligible to receive the maximum allowable allotment based on household size are now eligible to receive an emergency allotment of $95 per month. Households who are not eligible to receive the maximum allowable allotment based on household size, but whose emergency allotment would be less than $95 per month to receive the maximum allotment, will receive additional CalFresh benefits to raise their emergency allotment to the $95 minimum.
The emergency allotment will be issued on August 14, 2022 for CalSAWS counties and August 21, 2022 for CalWIN counties.
Moving forward, emergency allotments may be approved by FNS on a month-to-month basis until the Secretary of Health and Human Services rescinds the public health emergency. There will be a one-month phase out of emergency allotments after the public health emergency is rescinded. (ACWDL, July 8, 2022.)
Eligibility for federal benefits for Humanitarian Parolees from Ukraine
The California Department of Social Services has issued new guidance about eligibility for federal benefits for Humanitarian Parolees from Ukraine. This guidance supersedes ACIN I-40-22 for federal benefits.
Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 are eligible for CalWORKs, CalFresh, MediCal, SSI, and Refugee Cash Assistance and Office of Refugee Resettlement programs.
A spouse, or child of an Ukranian or Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 is eligible for CalWORKs, CalFresh, MediCal, SSI, and Office of Refugee Resettlement programs.
A parent, legal guardian, or primary caregiver of an unaccompanied refugee minor or an unaccompanied child who is an Ukranian or Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 is eligible for CalWORKs, CalFresh, MediCal, SSI, and Office of Refugee Resettlement programs.
These individual are eligible for benefits until the end of their parole term.
People who adjust their status from humanitarian parolee to Temporary Protected Status are eligible for Refugee Cash Assistance and Office of Refugee Resettlement programs until the end of their parole term after they have exhausted 12 months of Refugee Cash Assistance, whichever is first. People who enter as Temporary Protected Status without humanitarian parole are ineligible for benefits.
For Refugee Cash Assistance, Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023, the state date for Refugee Cash Assistance is May 21, 2022 or the date of parole, whichever is later. Eligibility for Refugee Cash Assistance is extended to 12 months.
For CalWORKs, submitting the Form I-765 is sufficient verification that the client has met their obligation to apply for a Social Security Number. If the applicant does not complete the application for a Social Security Number within 30 days of applying, the county will determine if the client has good cause for not having a Social Security Number. Counties must help the client get verification.
For child support cooperation, counties must inform families of their right to request good cause for non-cooperation. The circumstances of people from Ukraine may be good cause for non-cooperation.
For Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023, income and resources of a sponsor and a sponsor’s spouse who lives with the sponsor do not count in determining CalWORKs eligibility.
For Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 can be eligible for Homeless Assistance and Housing Support Program. Homeless Assistance and Housing Support Program can be used to supplement federal refugee resettlement funds.
For CalFresh, Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 are eligible for CalFresh to the same extent as refugees. They are eligible effective May 21, 2022. Counties should reach out to people denied under prior policy to inform them that they now may be eligible. For CalFresh, the household must verify that they have applied for a Social Security Number or show good cause for failure to provide a Social Security Number.
Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 may be eligible for SSI. Counties should issue Refugee Cash Assistance until SSI is granted.
Ukranian Humanitarian Parolees who entered the United States prior to February 24, 2022 are not eligible for Refugee Case Assistance or SSI. (ACWDL, July 6, 2022, chart corrected by ACWDL, July 22, 2022.)