Author: Stephen Goldberg

Eligibility of Afghan Humanitarian Parolees and Afghan Special Immigrant Conditional Permanent Residents for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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The California Department of Social Services (CDSS) has provided revised guidance regarding eligibility of Afghan Humanitarian Parolees Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits, and new guidance regarding eligibility for Afghan Special Immigrant Conditional Permanent Residents.  This guidance superceedes ACWDL September 3, 2021.

Afghan Special Immigrant Conditional Permanent Residents and Afghan Special Immigrant Lawful Permanent Residents are eligible for public benefits to the same extent as refugees.  Afghan Special Immigrant Conditional Permanent Residents are persons waiting for medical clearance to enter the United States.

Afghan Humanitarian Parolees, and their spouse and children, are eligible for benefits and services to the same extent as refugees.  They are eligible from October 1, 2021 or the date they are paroled in the United States, whichever is later, to March 31, 2023, or the end of parolees’ parole term, whichever is later.  Benefits that Humanitarian Parolees, and their spouse and children, are eligible for are Refugee Cash Assistance, CalWORKs, CalFresh, SSI, Refugee Support Services, and Services for Older Refugees.  Counties should redetermine eligibility for benefits when parole has expired or by March 31, 2023, whichever is later.

For CalWORKs, Afghan Humanitarian Parolees are not subject to the five-year ban on federally funded CalWORKs benefits.

For CalWORKs, reception and placement cash benefits count as property because they are considered recurring lump sum payments.

Afghan Humanitarian Parolees can be eligible for CalWORKs Housing Support Program.  Housing Support and Homeless Assistance can supplement federal refugee resettlement funds.  (ACWDL, December 2, 2021.)

COVID-19 CalFresh emergency allotment for December, 2021

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California has been approved to issue an emergency allotment of CalFresh for November, 2021.  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 January 16, 2022.

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, December 17, 2021.)

Distribution of collected child support in former assistance cases

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In 2005, the federal government gave states the option, in cases where the family previously received Temporary Assistance to Needy Families (CalWORKs in California) to distribute current child support and arrears payments owed to the family to the family first before retaining payments to pay arrears assigned to the state.  In AB 135, chapter 85 (2021) California permanently exercised this option.  California had temporarily exercised this option by Executive Order dated May 1, 2020.

Now, for former assistance cases, all current support and arrears owed to the family will be paid to the family before assigned arrears are retained by the state.  This election also applies to collections made via federal tax intercept.  (CSSP Letter 21-05, November 29, 2021.)

 

Reopening of SSI cases denied because of pandemic assistance

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The Social Security Administration (SSA) is reopening cases that may have been denied because of receipt of pandemic-related financial assistance.  SSA initially determined that such payments counted as income but later decided that such payments are excludable disaster assistance.  (See EM-20014 REV 4, summarized here.)  EM-20014 REV 4 lists the pandemic-related financial assistance that SSA decided does not count as income for SSI.

SSA will send outreach notices to persons potentially affected.  Some people who had their claims denied will not receive an outreach notice.  They are people who have Denied claims with pending appeals, denied claims with pending subsequent applications, and denied claims with approved subsequent applications.  The outreach notice will tell people that SSA may have denied their SSI claim because they received pandemic-related financial assistance, that they may now be eligible for SSI and/or retroactive payments; and that they should contact SSA so we can reevaluate whether they are eligible for SSI and/or retroactive payments.  SSA started mailing the outreach notices on November 29, 2021 and expects to mail 144,000 notices.

There is no deadline to respond to the outreach notice.  If individuals do not respond to the outreach notice or it is returned as undeliverable, SSA will keep the case open and will review the case for any necessary action.  SSA will reevaluate the denial after speaking to the claimant.

Cases with Interim Assistance Reimbursement Agreements (IAR), that is agreements to reimburse General Assistance or other benefits paid while SSI applications are pending, will need new IAR authorizations.  States can reach out to claimants for new IAR authorizations.  (EM-21068, December 9, 2021.)

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Replacement of CalFresh stolen by electronic theft

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The California Department of Social Services (CDSS) has changed its policy regarding CalFresh benefits stolen by electronic theft in accordance with the decision in Ortega v. Johnson. There are two types of electronic theft of benefits: skimming, which is use of electronic equipment to capture a recipient’s electronic benefits card, and scamming, which is deceiving a recipient to disclose their account information.

Recipients can report possible electronic theft by contacting the EBT Customer Service Helpline or contacting the county.  The report must occur within 10 days of the electronic theft.  Once the report is made, the recipient must complete the EBT 2259 report within 90 days of the electronic theft.  The recipient is not required to file a police report.  If the recipient does file a police report, they are not required to submit a copy of the police report.

CalFresh benefits stolen electronically cannot be replace more than twice in six months.  This does not include replacement because of household misfortune such as a mass replacement because of a power outage.  A skimming or scamming sequence over a series of transactions counts as one countable replacement.  The maximum replacement amount is one month of benefits.

Counties can deny replacement when the available documentation indicates that the replacement request is fraudulent, or the request for replacement is not for electronic theft.

Counties must refer a case for investigation when the claim is over $1,000 and the claim amount is more than the maximum monthly allotment for the household.  Counties can refer a case for investigation when more than two skimming claims are processed within a six month period.  Counties must refer a case for investigation and pend the replacement for up to 25 days when three or more electronic theft claims are filed within a 12-month period.

Replacement benefits do not count as income or a resource.  (ACL 21-133, October 29, 2021.)

Update: People reporting electronic theft no longer need to contact the electronic benefits transfer vendor prior to submitting the form EBT 2259 to the county.  People reporting electronic theft must contact the county within 10 days of the loss, and file the EBT 2259 form with the county within 90 days of the loss. People no longer are required to file a police report to submit the form EBT 2259 and get replacement benefits.  (ACL 23-13, January 27, 2023.)

Changes to CalWORKs eligibility for pregnant persons

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Effective July 1, 2022, pregnant CalWORKs recipients with no other eligible children will get an increase on their monthly pregnancy special needs (PSN) payment from $47 to $100.

Previously, pregnant adults age 19 or over with no other eligible children were eligible for CalWORKs benefits beginning of their second trimester of pregnancy, six months before the expected birth date.  Effective July 1, 2022, pregnant persons will be eligible for CalWORKs as of the date of application. They will no longer need to wait until their second trimester to receive CalWORKs and are eligible in their first trimester of pregnancy. 

In addition, medical verification requirements will change to allow recipients to provide a sworn statement or verbal attestation of pregnancy. This sworn statement shall include the applicant’s name, date of application, and declaration of pregnancy. Medical verification of pregnancy must be given to the county within 30 days of sworn statement/verbal attestation. Aid will discontinue with failure to provide medical proof unless the recipient presents evidence of a good-faith effort to provide information to fulfill this requirement. 

Benefits provided to Pregnant teens under the age of 19 or without a high school diploma will remain the same.

If a pregnancy ends before the delivery date, the $100 monthly Pregnancy Special Needs payment will end the month following the date the recipient reports the end of their pregnancy.

Although CalWORKs rules apply to Refugee Cash Assistance (RCA), Entrant Cash Assistance (ECA), and Trafficking and Crime Victims Assistance Program (TCVAP), those programs are intended for families without children.  However, recipients of those benefits can apply for  CalWORKs anytime during their pregnancy.

To be eligible for CalWORKs Home Visiting Program (HVP), an individual must a) be a member of the CalWORKs assistance unit b) The individual is pregnant, or c) the individual is a parent/caretaker relative of a child less than 24 months of age at the time the individual enrolls in the program.  (ACL 21-140, November 18, 2021.)