Author: Stephen Goldberg

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to households who receive November benefits, including those discontinued before November, and their discontinuance is rescinded due to the new 90-day rescind period or Administrative Hearing compliance.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.)

COVID-19 CalFresh emergency allotment for November, 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 new $95 minimum.

The emergency allotment will be issued on December 5, 2021 for CalSAWS counties and December 12, 2021 for CalWIN counties.  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, November 16, 2021.)

COVID-19 SSI payment continuation extension

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In general, Supplemental Security Income (SSI) claimants who have their benefits reduced or terminated must file a Request for Reconsideration within 10 days of the Notice of Determination, plus five days for mailing in order to have their benefits continue while the Request for Reconsideration is pending.  Claimants are entitled to payment continuation unless they waive that right in writing.

The Social Security Administration has decided that SSI claimants who have their benefits reduced or terminated and file a Request for Reconsideration within 60 days of the Notice of Determination, plus five days for mailing are also entitled to payment continuation unless they waive that right in writing.  The Social Security made this decision because of the hardships and difficulties claimant face because of COVID-19, and because of processing delays because of COVID-19.  This policy is in effect until April 29, 2021.

When the claimant files a Request for Reconsideration after 65 days from the date of the notice, the Request for Reconsideration can be processed and payment continuation paid if the claimant has good cause for late filing. (EM-21064, updated October 29, 2021.)

Verification of self-employment for people who received PUA

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People who received Pandemic Unemployment Assistance (PUA) were required to submit documentation showing their work history.  Starting on November 10, 2021, the Employment Development Department (EDD) will send notices by email, text message and UI Online to people who must submit their proof of work history.

In general, notices will go to PUA claimants whose claim started in 2020 and who collected benefits after December 27, 2020, and PUA claimants whose claim started in 2021. People who filed for PUA in 2021 will be required to provide documentation of their 2020 work history even if they have already provided wage information.  People who filed PUA claims after January 31, 2021 will have 21 days to submit proof of work history or request an extension.  People who filed claims before January 31, 2021 will have 90 days to submit proof of work history or request an extension. Claimants can request more time by going to the UI Online homepage and selecting “Request More Time” in the “Upload Employment Documents” section.

Documents that can be used to prove self-employment include but are not limited to business licenses, tax returns, business receipts or invoices, signed affidavits verifying self-employment, contracts or agreements, or bank statements from a business account.

Documents that can be used to prove plans for self-employment include but are not limited to business licenses, state or federal employment identification numbers, written business plans, or lease agreements.

Notices will give the exact time periods that proof work history must be submitted and deadlines for submission or for requesting an extension of time to submit documentation.  EDD will acknowledge receipt of submitted information and will follow-up with a communication indicating whether the documentation was sufficient.

If the claimant does not respond to the notice, a follow-up notice will be mailed.  Failure to respond to the notice could result in a finding that the claimant was ineligible for PUA and an allegation of an overpayment of benefits.  In those situations, EDD will send a Notice of Determination which can be appealed.  If the claimant is found to be ineligible for PUA, EDD will send a Notice of Potential Overpayment which will give the claimant another opportunity to submit information.  If EDD confirms an overpayment, the claimant will receive a Notice of Overpayment which gives the opportunity to appeal or request waiver of the overpayment.  (News Release 21-64, November 5, 2021.)

IHSS able and available spouse rule

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The California Department of Social Services (CDSS) has issued clarification regarding the In Home Supportive Services (IHSS) able and available spouse rules.

An able and available spouse is presumed to be available to provide without compensation any IHSS service except for personal care services and paramedical services.  This includes Domestic Services, Related Services, yard hazard abatement, teaching and demonstration, and heavy cleaning.  Spouse includes persons who are legally married or legal domestic partners, or two individuals of the opposite sex are holding out to be married.  As long as the couple remains married and does not obtain a divorce or annulment, or are not legally separated, the able and available spouse rule apples, even if the couple lives in separate locations and are estranged.

Any spouse who does not receive IHSS benefits is presumed to be able to provide all IHSS tasks except for personal care services and paramedical services, unless there is medical verification of the spouse’s inability to do so. If the spouse submits medical verification of inability to perform a task, the county should authorize house for a non-spouse provider to provide those IHSS services.  The spouse would continue to be counted as an able and available spouse for any other services that there is not verification of inability for the spouse to perform.

Services can be performed by another provider when the spouse is unavailable because of employment, health, or other unavoidable reasons such as incarceration, military deployment, a restraining order against the non-recipient spouse, or when recipient spouse has left the home or evicted the non-recipient spouse because of domestic violence, or the recipient spouse has left the home because of domestic violence.  This means that meal preparation, medical accompaniment and protective supervision that must be performed while the spouse is unavailable can be provided by another provider.

In addition, if an able spouse is out of the home for employment, health, or other unavoidable reason, for over 24 hours, the spouse is presumed to be unavailable to provide any IHSS services during the period of absence from the home.

If the spouse must leave full-time employment or is prevented from full-time employment because no other provider suitable is available, the spouse may provider medical accompaniment and protective supervision.

This ACL supersedes ACL 08-18, Question 7, that incorrectly stated that the able and available spouse rule does not apply when a married couple does not reside together.  (ACL 21-91, September 29, 2021.)