Author: Stephen Goldberg

Appointing Authorized Representatives (AR) in the Cash Assistance Program for Immigrants (CAPI)

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The California Department of Social Services (CDSS) has provided guidance for the Cash Assistance Program Immigrants (CAPI) regarding appointing authorized representatives (AR).

An AR can be appointed by the CAPI claimant (if they have the legal capacity to make decisions), a parent of a claimant under 18, or a legal guardian or a conservator.  Counties may not recognize an organization, firm, or entities as the AR.  An individual from that entity or organization must sign as the AR.  More than one person can serve as an AR.

The process for appointing an AR is:

-The claimant signs a written notice or AR form stating that they want a representative when dealing with the state or county regarding their case.

-The representative needs to agree and sign the notice (an attorney is not required to sign a notice of appointment); and

-The notice is signed and filed at their county office.

Temporary COVID procedures allow for electronic or digitized signatures on AR are acceptable but require verbal confirmation from the claimant. If the claimant is unavailable for verbal confirmation, the appointment of AR is not added to the claimant’s document.  When the COVID procedures are no longer in effect, all AR forms must have a wet signature.

The claimant may file an AR form by mail, email, fax, or in person, so long as the claimant or the AR retains the initially signed document.

An AR acts on behalf of the claimant for the duration of their appointment. An AR’s authority includes signing applications or forms on behalf of the claimant, gathering the information that would be disclosed to the claimant if they are unable to do so, submitting evidence, examining documents, requesting appeals, and being notified of any decision made on behalf of the claimant. More than one individual may serve as a claimant’s AR at any time. When there are multiple ARs, there needs to be specificity on will be a primary representative.  The county will send all written communication about the case to both the claimant and the AR unless the claimant has limited to scope of the AR’s authority.

The county may disclose information to an AR over the phone if the AR verifies who they are and discloses the claimant’s identifying information. County officials authenticate the request by verifying appointment time, information and reviewing any limitations the claimant has set in place.

The AR does not have the authority to change personal information on records, including names and mailing addresses, unless the AR is qualified. The county may disclose information by telephone to AR after verifying the claimant’s identifying information. The county must send all written communications to both the claimant and the AR unless the AR does not have clearance to receive such notices.

The claimant can revoke an AR when the claimant, responsible party, or AR notifies the county in writing.

AR forms are not required when a friend or family member can assist in applying for CAPI benefits. Providing general help or accompanying a claimant to an appointment does not require appointing an individual. An AR cannot sign a “Supplemental Security Income/State Supplementary Payment” (SSP 14) form for reimbursement to the state if SSI is granted.  (ACL 21-120, October 1, 2021.)

Changes to CalWORKs Homeless Assistance program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the CalWORKs Homeless Assistance program in SB 1065.  These changes will become effective when CDSS notifies the legislature that the statewide computer system can perform necessary automation to implement them, which is estimated to be in 9 to 12 months.

The $100 liquid resource limit for applying for Homeless Assistance will be removed.  There will no longer be a liquid resource limit for applying for Homeless Assistance.

A county will be required to accept a sworn statement to verify homelessness.  The CW 42 is a sworn statement so it will meet that requirement.  The county will not be allowed to seek additional verification.

Counties can refer families to their early fraud prevention and detection unit if they believe the applicant is questionably homeless.  SB 1065 defines “questionable homeless” as “when there is a reason to suspect the family has permanent housing.”  The county must have evidence to suspect that the family has safe and stable permanent housing in which the family can continue to reside without support for a referral of the family as questionably homeless.

Homeless assistance for domestic abuse victims is for two 16-day periods. When SB 1065 is implemented, the family will be eligible for the second 16-day period even if CalWORKs is granted during the first 16-day period.  Note that homeless assistance for domestic abuse victims is in addition to any other temporary or permanent homeless assistance the family may be eligible for.

For families affected by disaster, SB 1065 will remove the requirement for eligibility for disaster homeless assistance that the state or federally declared disaster be a natural disaster.

SB 1065 removes the requirement that security deposit or last month rent be reasonable.  Counties will no longer be allowed to reject payment of security deposit or last month rent that is a condition of securing a residence.

SB 1065 will require that any refund of permanent homeless assistance funds be returned to the family.  Counties will no longer be allowed to collect homeless assistance funds that are refunded to the family. (ACL 21-121, October 6, 2021.)

County welfare department access requirements

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The California Department of Social Services has issued guidance on county welfare department access requirements.  County welfare departments must implement procedures that ensure members of the public, including those with disabilities, are notified of and have access to county welfare department programs.  Counties must conduct an annual review of the hours of operation of public offices to ensure that the needs of recipients, including those who work, are adequately met.

Regular business hours are defined as a minimum of 8 hours per day, except Saturdays, Sundays and holidays.  Counties maintain an office that is open to the public that offers basic certification services during regular business hours, including accepting applications, interviewing applicants, and accepting notice of change in household circumstances. Counties can implement risk reduction measures because of COVID-19 in accordance with local county health orders, such as limiting capacity in lobbies and social distancing.

If counties must close for health and safety reasons during regular business hours, counties must

  • Make applications available and provide the opportunity to file applications for and receive benefits within legally mandated time frames, including expedited CalFresh, immediate need CalWORKs, and homeless assistance. This includes availability of application in all threshold languages for that office.  Counties must maintain sufficient staff to accept and act upon all applications, and/or maintain a local telephone service with sufficient staff to accept and act upon all applications as if the request had been made in person at the county welfare department office.
  • Provide a drop-box, mail slot or other means to file applications. Applications are assumed to be filed on the date the office is closed.  The county must have a method to give a receipt on request.
  • Inform callers to the county main telephone line of the working days or hours of the regular working day, when offices will be closed, procedures for obtaining and filing applications when offices are closed, and procedures for applying for expedited CalFresh, immediate need CalWORKs, and homeless assistance while offices are closed.
  • Post notices in prominent locations within the county welfare department offices and in the public areas, including the doors immediately outside of the office, which inform the public when offices will be closed, procedures for obtaining and filing applications when offices are closed, and procedures for applying for expedited CalFresh, immediate need CalWORKs, and homeless assistance while offices are closed and the right to a receipt of hand delivered documents. (ACIN I-83-21, October 5, 2021.)

COVID-19 CalFresh emergency allotment for October, 2021

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California has been approved to issue an emergency allotment of CalFresh for October, 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 new $95 minimum.

The emergency allotment will be issued on November 14, 2021.  The emergency allotment can be issued manually if a household should have received the emergency issuance through the batch process but did not.

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, October 14, 2021.)

Disaster CalFresh

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The California Department of Social Services (CDSS) has issued guidance regarding Disaster CalFresh approval for Lassen, Nevada, Placer, Plumas, Tehama and Trinity Counties.  People can apply for Disaster CalFresh from October 18 to 21, and October 25-26.

To be eligible for Disaster CalFresh, a household must have lived or worked in the disaster area at the time of the disaster, purchased or planned to have purchased food during the benefits period, experienced adverse effects because of the disaster, and meet the Disaster CalFresh income guideline. Households are eligible even if they are temporarily residing outside of the disaster county.  Adverse effects include food loss, loss of income, inaccessible resources or incurred disaster-related expenses.

The benefit period for people affected by the Dixie Fire in Lassen, Plumas, and Tehama Counties is July 14, 2021 through August 13, 2021. The benefit period for people affected by the Monument Fire in Trinity County is July 30, 2021 through August 29, 2021. The benefit period for people affected by the River Fire in Nevada and Placer Counties is August 4, 2021 through September 3, 2021.

Interviews should be in person when possible, but interviews for this round of Disaster CalFresh can be by telephone.  For online applicants, counties must make three attempts to reach the applicant for an interview, and provide a reasonable amount of time between each attempt.  The 72-hour period for counties to issue benefits begins when the telephone interview is completed.  All documents can be signed by telephonic signature.

A Disaster CalFresh household includes people who lived together, and purchased and prepared food together, on the start date of the disaster. A Disaster CalFresh household can include individuals who had been excluded from an ongoing CalFresh household at the time of the disaster such as ineligible students.

Disaster CalFresh has three verification requirements: identity, residency and loss or inaccessibility of resources if possible, and household composition and food loss when questionable. Verification of residency should be done from other sources such as a rent or mortgage billing statement, utility billing statement or identity document.  No specific type of documentation is required for verification.  Counties should assist households in obtaining necessary verification.

Authorized Representatives may be used for Disaster CalFresh following the same policy as regular CalFresh.

Ongoing CalFresh households are not eligible for this round of Disaster CalFresh because they are already receiving the maximum allotment for their household size because of the Emergency Allotment.  (ACWDL, October 13, 2021.)

CalWORKs eligibility for victims of the Fawn Fire in Shasta County

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The California Department of Social Services (CDSS) reminded counties about CalWORKs regulations and policies for processing applications and documents on behalf of disaster victims and evacuees.  An emergency proclamation has been issued for Shasta County because of the Fawn Fire.

Some evacuees will apply for CalWORKs in disaster counties or counties other than the county in which they live because of disaster related-relocation.  Counties will need to establish whether evacuees are from a county that has been designated a federal or state disaster, and whether other family members are receiving CalWORKs in that county.

Many evacuees will not have documentation.  If the applicant and the county make a good faith effort to obtain verification of identity, time on aid, and linking and non-linking conditions of CalWORKs eligibility and are unable to contact the evacuee’s financial institutions or necessary entities or institutions, the county must accept the evacuee’s statement signed under penalty of perjury.

CalWORKs recipients may be eligible for nonrecurring special needs payments because of emergencies such as damage to or loss of shelter because of fires.  Funds can be used to repair or replace clothing or household equipment, to provide assistance for damage to the home or to pay for interim shelter.  Nonrecurring special needs payments are a maximum of $600 for each incident.  An assistance unit is eligible if it has less than $100 in nonexempt liquid resources.

Federal disaster and emergency assistance, and comparable disaster assistance from state or local governments, and disaster assistance organizations, is exempt from consideration as income or resources.

Counties are encouraged to explore diversion eligibility for fire evacuees.

Fire evacuees are in an emergency and should be evaluated for an immediate need payment.

Because of the disaster, some income that evacuees had will no longer have income that can be reasonably anticipated.

Many evacuees will not be able to access, occupy or sell their property.  The county shall consider the ability to access or sell property and make a good faith effort to obtain needed verification or accept a statement signed under penalty of perjury.

A family is considered temporarily absent from their county if they expect to reunite within one calendar month.  Evacuee recipients can maintain a home in a different county if they intend to return to their home county within four months.

Counties should make a Welfare-to-Work good cause determination for evacuees.  Counties are encouraged to exercise flexibility in this regard.  Counties should determine if an applicant or recipient needs barrier removal services such as mental health services, housing support program, or temporary homeless assistance.  For homeless assistance, disaster is an exception to the once-every-12-month limit. (ACWDL, September 29, 2021.)