Author: Stephen Goldberg

Eligibility for federal benefits for Humanitarian Parolees from Ukraine

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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.)

 

CalFresh reinstatement of benefits waiver extension

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The California Department of Social Services (CDSS) has issued instructions regarding the approved extension of Food and Nutritional Services (FNS) waiver 2090046 which allows a household participating in CalFresh that has become ineligible for failure to complete semi-annual reporting or annual recertification to be made eligible again by remedying the problem within 30 days.

This extension continues current policy to reinstate the eligibility of a Non-Assistance CalFresh (NACF) household that becomes ineligible for benefits for failure to provide a report (SAR 7 for example). Reinstatement depeds on the household providing the missing report within 30 days of the effective date of ineligibility. Then, the county will reinstate the household for the remaining months of the certification period if the household still meets all eligibility requirements.  Benefits will be prorated beginning on the date the household takes the required action.

The waiver extension beings on July 1, 2022 and ends on June 30, 2027.

The conditions for the waiver are:

  • The household’s case must be in closed status;
  • Reinstatement depends on the applicant providing the required report, information, or verification within 30 days of the date of ineligibility;
  • The household has at least one month remaining in the certification period after the effective date of ineligibility;
  • The household must fully resolve the reason for the case closure and reestablish eligibility;
  • The household must still be eligible for benefits for the remaining months of the reinstatement period;
  • Benefits for the initial month of reinstatement must be prorated from the date household performed the required action; and
  • The county must retain the established recertification period.

This waiver does not change CalFresh information and verification requirements.  If a household is granted restoration of benefits, the county must send the CF 388 CalFresh Notice of Restoration Approval notice.  If restoration is denied, the county must send the CF 389 Notice of Denial of Restoration notice.  (ACL 22-51, June 22, 2022.)

Duties regarding county Statement of Position to Limited English Proficient claimants

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County hearings representative for both California Department of Social Services (CDSS) and Department of Health Care Services (DHCS) programs must enclose the GEN 1365 Notice of Language Services form with the Statement of Position.  For non-county administered DHCS programs, county hearings representatives must enclose the DHCS Non-Discrimination Policy and Language Access Process document.

CDSS is working on a new version of the GEN 1365 specifically for fair hearings that will be released soon.

When the applicant or recipient indicates their preference for communication in a language other than English, counties must provide forms in that language when the translation is provided by CDSS or DHCS in that language.  Counties must provide oral interpretation services of any document on request, including non-standardized forms and individually tailored documents.  If requested, the county or agency must provide an oral interpretation of the Statement of Position, including any exhibits attached to the Statement of Position, at least two days before the hearing.

When the county is aware of the need for assistance in a language that is not listed in the GEN 1365, the county or agency should attempt to inform the claimant of how to get a free oral interpretation of the Statement of Position in the claimant’s preferred language.  (ACL 22-56, July 8, 2022.)

Sponsor deeming for IHSS

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The California Department of Social Services (CDSS) has issued guidance regarding changes to sponsor deeming for In Home Supportive Services – Residual (IHSS-R) recipients.  IHSS applicants who receive state-only full scope Medi-Cal are assessed under the IHSS-R program.  People who are denied Medi-Cal for a reason other than failure to comply with Medi-Cal requirements  or failure to complete the Medi-Cal eligibility process also can be eligible for IHSS-R.  Counties must process these IHSS-R application regardless of the applicant’s immigration status.  Sponsor deeming is counting the income of a sponsor of an immigrant as the immigrant’s income.

IHSS-R applicants who receive state-only funded full scope Medi-Cal are no longer subject to sponsor deeming for purposes of IHSS-R eligibility.

IHSS-R applicants who are not eligibile for Medi-Cal are subject to sponsor deeming.  For IHSS-R applicants who are not eligibile for Medi-Cal, sponsor deeming is limited to three years after entry to the United States as a lawful permanent resident.  In addition, applicants whose blindness or disability began after they entered the United States are not subject to sponsor deeming.

All IHSS applicants must have or apply for a Social Security Number, or must have an Individual Taxpayer Identification number.  This is because the IHSS recipient is the provider’s employer for certain purposes.  When someone without a Social Security Number applies for IHSS, the county must accept their application and assist with applying for an Individual Taxpayer Identification number.   (ACL 22-44, June 1, 2022.)

EBT card CVV enablement and card replacement update

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The California Department of Social Services has updated its instructions regarding activating Card Verification Value (CVV) on Electronic Benefits Transfer (EBT) cards.  Prior instructions are in ACWDL, March 17, 2022, summarized here.  The EBT CVV functionality will be enabled in June, 2022.  When the CVV functionality is enabled, any card that does not have the CVV will be deactivated.  Cards issued by the EBT vendor before June, 2018 and by counties before October, 2019 do not have the CVV and will be deactivated.

Counties should connect cardholders who have issues, including not receiving their new card or otherwise needing a replacement card, with the EBT vendor FIS.  In addition, current county cardstock can be used because the CVV coding is added by the card printer. (ACWDL, June 6, 2022.)

COVID-19 CalFresh emergency allotment for June, 2022

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California has been approved to issue an emergency allotment of CalFresh for June, 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 July 17, 2022 for CalSAWS counties and July 24, 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, June 9, 2022.)