Author: Stephen Goldberg

Benefits extension for Ukranian Humanitarian Parolees

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President Biden’s signing of The Ukraine Security Supplemental Appropriations Act, expanded resettlement assistance provided by The Office of Refugee Resettlement (ORR) to displaced Ukrainians and non-Ukrainians paroled to the U.S. The ORR updated its eligibility criteria and mainstreamed federal benefits for refugees.

The ORR identified 4 categories (A-D) of individuals displaced from Ukraine who are eligible for resettlement assistance and other benefits. Category A includes Ukrainian citizens or nationals paroled into the U.S. by the DHS between February 24, 2022, and September 30, 2024 (extended from September 30, 2023), for humanitarian reasons. Category B includes non-Ukrainian individuals who last habitually resided in Ukraine and who the DHS has paroled into the U.S. between February 24, 2022, and September 30, 2024 (extended from September 30, 2023). Category C includes spouses or children of those in categories A or B who were paroled into the U.S. after September 30, 2023. Category D includes parents, legal guardians, or primary caregivers of unaccompanied refugee minors or children from sections A or B, paroled into the U.S. after September 30, 2023.

Eligible Ukrainian parolees who enter the United States with parole between February 24, 2022 – September 30, 2023, date of eligibility is May 21, 2022, or date of parole whichever is later. For those who enter the United States between October 1, 2023 – September 30, 2024, their date of eligibility is April 24, 2024. These parolees remain eligible for ORR benefits and services until their terms end or they obtain a different status.

UHPs are exempt from their financial supporter’s income being used to determine eligibility for benefits. UHPs who apply for and receive Temporary Protected Status (TPS) remain eligible for ORR benefits. However, if an individual only has TPS they are not eligible for benefits.

To qualify for Refugee Cash Assistance (RCA) UHP’s must meet all eligibility requirements. CWDs must determine eligibility by reviewing immigration documents, the date of humanitarian parole, and other program-specific information. UHP applicants are also exempt from certain types of income and resource requirements. Additionally, UHP are not required to provide SSNs but if they choose to do so, they must be notified that providing it is voluntary along with information on how it will be used.

Eligible UHPs can receive federally funded CalWORKs benefits without the five-year restriction on public benefits and should be evaluated for state-funded assistance if necessary. UHPs should provide proof of SSN application within 30 days of applying for benefits. This requirement can be avoided if the county determines that good cause exists. Applicants are also subject to provisions of the Child Support Enforcement Program but can claim good cause if participation is not in the best interest of the child.

UHPs granted parole between February 24, 2022, and September 30, 2023, became eligible for CalFresh on May 21, 2022. UHPs paroled into the United States between October 1, 2023, and September 30, 2024, become eligible for CalFresh on April 24, 2024, or their date of parole whichever is later. UHPs paroled between October 1, 2023 and April 23, 2024 for the California Food Assistance Program (CFAP) if they have parolee status of one year or more.

UHPs who are aged, blind, or disabled and meet income and resource limits may qualify for SSI/SSP through the SSA. Counties should issue RCA benefits until SSI/SSP benefits are granted.  UHPs who qualify are also exempt from employment services.

CWDs are directed to review all denied applications submitted by potential UHPs on or after April 24, 2024, and determine if they are now eligible per the updated policy. If they are found to meet eligibility the CWD must retroactively provide approval for benefits.  (ACWDL, June 28, 2024.)

 

Language access requirements for Public and Indian Housing programs

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The United States Department of Housing and Urban Development (HUD) has provided guidance for Public Housing Agencies (PHAs) and other Public and Indian Housing (PIH) grantees on ensuring meaningful access to programs for persons with Limited English Proficiency (LEP).

Title VI of the Civil Rights Act of 1964 and Executive Order 13166, require recipients of federal financial assistance to provide meaningful access to their programs for LEPs. LEPs are individuals who do not speak English as their primary language and have limited ability to read, write, speak, or understand English.

HUD recommends PHA’s and PIH grantees conduct a 4-factor analysis, develop a language access plan, and provide appropriate language assistance.

Step 1 of the 4-factor analysis reviews the number of LEP persons served or in the eligible service population. Step 2 assesses the frequency of interaction with the program. Step 3 assesses the importance of the program to LEP persons. Finally, Step 4, assesses the available resources and costs.

Following the four-factor analysis, agencies should develop Language Access Plan (LAP) that includes identifying persons needing assistance, training staff, translating essential documents, providing interpreters for meetings, and engaging in effective outreach to seek input from the LEP community to best revise the action plan.

To provide appropriate language assistance, PHA’s and PIH grantees are advised to identify information that must be translated (for example – eviction notices, security info, emergency plans), develop procedures with staff to identify potential LEP’s and utilize community resources/partnerships to help with language services.

HUD allows the use of program funds for LEP-related activities. PHAs can use Operating Fund program subsidies to facilitate access for LEP persons in public housing. Examples of LEP activities include providing translated relocation notices, and interpretation services during important HUD meetings. Additionally, 10% of Capital Fund grants can be utilized for management improvements and enhancing communication channels for LEP individuals. Examples of LEP activities include upgrading online systems for program participant applications, and allowing recipients to apply in languages other than English.

For the Housing Choice Voucher (HCV) program, administrative fees and unrestricted net positions (UNP) can be allocated to provide language assistance services, including oral briefings, hearings, and software upgrades for non-English applicants. Mainstream Voucher and Emergency Housing Voucher programs additionally allow the use of administrative and service fees for LEP-related activities. PIH grantees should consult the competitive grant Notice of Funding Opportunity and/or Grant Agreement to use of funds is meeting LEP requirements.

The U.S Department of Housing and Urban Development emphasizes the importance of including LEP policies and procedures in publicly accessible materials to ensure compliance in all contracts/subcontracts.  (PIH Notice 2024-04, January 31, 2024.)

Child care family fees schedule

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Every year, the California Department of Social Services (CDSS) must establish a family fee schedule for families who receive subsidized child care.  The family fee Is based on State Median Income.   The family fee is a flat rate based on hours of child care needed, family income, and family size.

Family fees cannot be based on the cost of care or the amount of the subsidy payment.  Family fees cannot exceed one percent of the family’s adjusted income.  Fees accrued but uncollected prior to October 1, 2023 can be forgiven.

The new Family Fee Schedule applies to various CDSS subsidized child care programs.  Family fees can be assessed at initial certification, recertification, or when the family requests a reduction and provides documentation to support that.

Families are exempt from paying families when: the children are at risk of abuse, neglect or exploitation, the children are receiving Child Protective Services, the family is receiving CalWORKs, the family is receiving services for children with special needs, the family is experiencing homelessness (only in pilot counties), and families with income below 75 percent of the state median income.

When the family has fluctuating income, they can provide up to 12 months of income information to determine the family fee.  The family’s adjusted income in that situation is the average income for at least the previous two months.

All families have their family fees reassessed at annual recertification.  The contractor must issue a Notice of Action if the family fee changes.  Family fees cannot be increased for any reason during the eligibility period.

If the new family fee schedule causes a reduction in a family’s fee, the contractor must decrease the fee and send a Notice of Action. (CCB 24-13, July 8, 2024.)

Changes to CCP 7 child care form and related changes to CalWORKs WTW 2 form

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The California Department of Social Services (CDSS) has issued a revised CalWORKs Child Care Request Form and Child Care Payment Rules (CCP 7) child care form.  The form is revised to reflect the change in definition of part time and full time child care.  Effective March 1, 2024, the definition of part-time child care is care for less than 25 hours per week, and full time care is 25 hours per week or more.  The CCP 7 is now revised to reflect this change

The CCP 7 is not a mandatory form.  Substitutes are permitted as long as a substitute form captures all the information contained in the state version of the CCP 7 form.  (CCB 24-14, July 19, 2024.)

In addition, to reflect the change in the definition of part time and full time child care, CDSS amended the CalWORKs Welfare-to-Work Plan Activity Assignment form (WTW 2).  (ACL 24-52, August 15, 2024.)

CalWORKs Stage 2 child care eligibility

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The California Department of Social Services (CDSS) has issued a clarification about eligibility for CalWORKs Stage 2 child care.  To be eligible for Stage 2 child care, families must either be 1) receiving CalWORKs, and the county determines they are stable in their welfare-to-work activity or transitioning off of CalWORKs, 2) have formerly received CalWORKs, or 3) formerly received a CalWORKs diversion payment and a funded space is not immediately available in Stage 3 child care.  Families who have never received CalWORKs or diversion are not eligible for Stage 2 or Stage 3 child care.

This clarification is necessary because of legislation that expanded eligibility for subsidized child care services to recipients of MediCal; CalFresh; California Food Assistance Program; Women, Infants and Children program; Food Distribution Program on Indian Reservations; Head Start; and Early Head Start.  However, CDSS has clarified that this expansion does not apply to Stage 2 and Stage 3 child care.

If an agency has enrolled a family into Stage 2 or Stage 3 child care who does not meet eligibility requirements, the contractor must transfer them to an Alternative Payment Program (CAPP) contract without a change or disruption in their services.  If the contractor does not have a CAPP contract, they must work with another local CAPP contractor and transfer the family with no disruption or change to their services.  (CCB 24-06, April 16, 2024.)

New rule for CalWORKs treatment of guaranteed income

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The California Department of Social Services has provided guidance about new rules for about counting Guaranteed Income (GI) payments as income for CalWORKs.  A GI payment is one or more unconditional cash payments issued from a program intended to support the basic needs of recipients and disrupt poverty.  An unconditional payment means that there are no restrictions on how GI participants use that money.

GI payments are now exempt from being considered income or resources for CalWORKs. Counties must exempt any direct GI payments made to CalWORKs applicants and for recipients at Semi-Annual Report (SAR 7), annual redetermination, or when reported to the county

CalWORKs applicants must submit a verification form for GI participation, SAR 7 and annual redetermination. Verification can include but are not limited to, award letters, and bank statements. Counties are encouraged to inform GI programs and their participants of verification requirements. If GI recipients are having problems verifying GI income, counties can contact the GI programs on their behalf by obtaining a release of information.

CalFresh income exemption policy is unchanged. Direct payment from GI programs are exempt from being considered income when the payment contains any amount of non-governmental funds. Payments from GI programs that do not contain any amount of non-governmental funds are considered income for CalFresh.

Verification is needed for CalFresh intercountry transfers, childcare, and Tribal TANF.  Award letters used for verification should include a statement about whether there are any non-governmental funds used for each direct payment.  GI payments which are determined exempt from being considered income for CalFresh do not require additional verification. If the county cannot determine if the GI income is exempt, the county must use documentary evidence as the primary source of verification. Collateral contacts or a written sworn statement may be used when documentary evidence cannot be obtained or is insufficient to determine if the GI income is exempt.

When a GI program participant moves to another county and continues to receive GI payments, any GI payments that were exempt in the sending county must continue to be exempt in the receiving county.  (ACL 24-09, February 28, 2024.)