Author: Stephen Goldberg

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.)

Increase in CAPI payment standard

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Effective January 1, 2021, CAPI recipients will receive a 5.9 percent Cost of Living Adjustment (COLA).  This increase reflects the 5.9 percent COLA for SSI benefits.  This increase will also be reflected in the presumed maximum value for in-kind support and maintenance, allowance for ineligible children in deeming situations, sponsor’s allocation in alien deeming situations and allowance for parents in parent-to-child deeming situations.  (ACIN I-92-21, November 16, 2021.)

 

Impact of Social Security COLA on CalWORKs and CalFresh

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Social Security recipients will get a 5.9 percent Cost of Living Adjustment (COLA) increase effective January 1, 2022.  For new CalWORKs and CalFresh applicants, the actual amount of the Social Security benefit, including the COLA, is used for eligibility beginning in January, 2022.  Applicants who apply in November or December, 2021 will have the January amount of Social Security included for January as reasonably anticipated income.

For CalWORKs and CalFresh households in the final month of their Semi-Annual Reporting (SAR) period the county will reasonably anticipate the increase in the Social Security benefit for their upcoming SAR period beginning in January, 2022.

Counties must adjust benefits effective January 1, 2022 to reflect the COLA for all CalWORKs and CalFresh cases with Social Security income as a mid-period county initiated action.

If counties cannot change the CalWORKs or CalFresh grant because of the January, 2022 Social Security COLA, they must decrease the grant amounts the first of the month after timely and adequate notice is provided, and an overpayment assessed accordingly.  (ACIN I-91-21, November 12, 2021.)

Additional CalFresh Income Exclusions including Guaranteed Basic Income

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The California Department of Social Services (CDSS) has informed counties about changes to CalFresh income exclusions.  Effective December 1, 2021, student loans and grants excluded for CalWORKs must also be excluded for CalFresh.  The CalWORKs exclusion is all needs-based education grants for undergraduate students, all awards and scholarships for dependent children, any grants when it is verified that the proceeds are not available to meet current needs, and any loans not otherwise excluded that have a written agreement specifying obligation to repay and a repayment plan.

Effective December 1, 2021, payments from CalWORKs approved Guaranteed Income projects and pilots that have any amount of private funding must also be excluded as income for CalFresh.  CDSS will identify these projects.  In addition, income from projects funded by the California Guaranteed Income Pilot Project will be excluded if CDSS determines that they payments are funded by any amount of non-governmental funding.

Counties must apply these changes to application received on or after December 1, 2021.  For ongoing CalFresh households, these income sources must be excluded at the household’s next periodic report, recertification or when voluntarily requested by the ongoing household.

Excluded income is not a mandatory verification unless questionable.  To be considered questionable, information on the application must be inconsistent with the applicant’s statements or other information the county has.  This decision must be based on the household’s individual circumstances.  (ACL 21-137, November 12, 2021, and ACL 21-137E, April 1, 2022.)

Changes made to the Transitional Nutrition Benefit (TNB) Program recertification

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The Transitional Nutrition Benefit (TNB) is a food benefit for persons who had their CalFresh benefits terminated a when Supplemental Security Income (SSI) recipients became eligible for CalFresh and was added to the household in July, 2019.  TNB replaces some of those benefits that were lost.  

Previously California Department of Social Services (CDSS) policy required that households were required to recertify for TNB every six months, and benefits could be restored only if all documentation or information was provided in 30 days of the recertification deadline. 

Effective November 1, 2021, TNB recertifications are required every  12 months and the period to restore TNB benefits by submitting missing documentation is extended to 90 days.  Any household who submits their required documentation or information within the 90-day restoration period may have their TNB eligibility restored without proration back to the original date of discontinuance.

To allow time for the automation of the extension of the TNB restoration period, all TNB recertifications are paused beginning November 2021. This pause applies to households who receive November benefits, including those discontinued before November, and their discontinuance is rescinded due to the new 90-day rescind period or Administrative Hearing compliance. The recertification pause does not impact households who were recertified in October 2021.

If a household has recertification due in November 2021 and loses TNB Program eligibility for not providing documentation or information to continue program eligibility before November, counties must rescind the discontinuance of TNB program eligibility for the household. During the recertification pause, households will not be required to complete recertification to maintain eligibility. The pause will continue for two years or until the Statewide Automated Welfare System (SAWS) can perform the necessary automation to implement policy changes. 

Counties must publicize this change using mass change information practices, including but not limited to news and media outlet, posters in offices, or sites frequented by certificated households, notices mailed to households.

Counties should consider including a message on their websites, social media, Interactive Voice Response Systems, and other client communication tools to alert households of the new changes.  (ACL 21-131, October 26, 2021.)

 

CalWORKs pregnancy verification, signature and photo identification requirements

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The California Department of Social Services (CDSS) has informed counties about changes to the CalWORKs pregnancy verification, signature and photo identification requirements.

Effective July 1, 2021, a pregnant person only applicant who cannot provide medical verification of pregnancy can submit a sworn statement to verify pregnancy for CalWORKs and the pregnancy special needs payment.  Pregnant Person Only applicants who provide a sworn statement must provide medical verification of pregnancy within 30 working days.  Counties must extend this time for good cause.

Counties must give written notice of required documentation within 10 days of the date of application.  Counties must assist in obtaining documentation when the applicant has made every attempt necessary to obtain it.

Effective July 1, 2021, an applicant can sign a CalWORKs application by oral attestation if the applicant cannot provide a physical signature or the county is unable to accept an electronic or telephonic signature.  Except for Homeless Assistance benefits, the applicant must submit a physical signature within 30 working days following an oral attestation for benefits to continue.

Following verbal attestation, the county shall mail the Statement of Facts and all other application forms to the client to be signed and returned via U.S. mail within 30 days.  If the client has not submitted a physical signature within 30 days, the client must terminate the case.

Effective July 1, 2021, CalWORKs applicants can present photo identification virtually, including by videoconference.  (ACL 21-134, November 9, 2021.)