Author: Stephen Goldberg

COVID 19 counting of emergency assistance for SSI

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The Social Security Administration (SSA) has issued policy guidance regarding counting of COVID-19 emergency assistance as income or resources for Supplemental Security Income (SSI).  With this guidance, Social Security is lifting the hold on cases involving unemployment, state stimulus payments, and those with any remaining CARES Act stimulus payments.

The following pandemic related assistance types are excluded as income and resources for SSI:  CARES Act, Consolidated Appropriations Act and American Rescue Plan Act stimulus payments; all regular and pandemic unemployment received during the pandemic period,; Paycheck Protection Act and Loan Forgiveness to Employers and Self-Employed persons; Economic Injury Disaster Program loans and grants to employers and self-employed persons,; Tribal payments from the Coronavirus Relief Fund and Coronavirus State and Local Fiscal Recovery Funds; the Golden State Stimulus and Golden State Grant payments; COVID-19 Funeral Assistance; Emergency Rental Assistance Funds; Emergency Assistance for Rural Housing and Rural Rental Assistance; Homeowner Assistance Funds; Housing Assistance and Supportive Services Programs for Native Americans; Higher Education Emergency Relief Funds; Supporting Foster Youth and Families during the Pandemic; COVID-19 Veteran Rapid Retraining Assistance Program; Emergency Assistance to Children and Families through the Pandemic Emergency Assistance Fund; Coronavirus Food Assistance Program Direct Payments to Farmers and Ranchers; Farm Loan Assistance for Socially Disadvantaged Farmers and Ranchers; and USDA Assistance and Support for Socially Disadvantaged Farmers; Ranchers, Forest Land Owners and Operators and Groups.

For state stimulus payments from Maryland and New Mexico are also excluded as income and resources.  Stimulus payments from other states are evaluated by the Social Security regional office.

Benefits that are counted as income and resources are: Paycheck Protection Program Wage Payments to Employees; Economic Injury Disaster Loan Program Wage Payments to Employees; Hazard Duty Pay; Qualified Disaster Distribution or Use of Retirement Funds; and Paid Leave under the Families First Coronavirus Response Act.

Benefits that are excluded as income or resources for reasons other than being disaster relief are: Temporary Expansion of Child Tax Credit for 2021; Qualified Disaster Loans to Retirement Plan Participants; Low Income Home Energy Assistance Program; Low Income Home Water Assistance Program; Corporation for National and Community Service; and Emergency Broadband Benefit.  (EM-20014 REV 3, July 23, 2021, and EM-21050, July 23, 2021.)

COVID-19 extension of waiver of CalWORKs pregnancy verification, identity verification, interview and signature requirements

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The California Department of Social Services has extended waiver of CalWORKs pregnancy verification, identity verification, interview and signature requirements until September 30, 2021 based on Executive Order N-08-21.

For aid to a pregnant person in a family that does not include another child, applicants can submit a sworn statement verifying pregnancy when medical verification of pregnancy cannot be provided.  Applicants who cannot provide either medical verification or a sworn statement can provide verbal attestation and medical verification within 30 days.  If after 30 days the applicant presents evidence of good-faith efforts to obtain and submit medical verification, the county must continue aid.  Pregnancy verification must be provided within 90 days after the California Department of Public Health no longer requires physical distancing.

In general, applicants must present photo identification in person before aid can be granted.  A sworn affidavit is acceptable but individuals must present photo identification within 30 days for aid to continue.  If county offices are closed because of COVID-19, aid will continue until the applicant can submit photo identification in person without needing to present evidence of good faith efforts to obtain or submit photo identification.   Applicants will be asked to submit photo identification electronically and to present photo identification in person within 90 days after the California Department of Public Health no longer requires physical distancing.

The requirement for signatures on the CalWORKs application and Rights and Responsibilities form is waived.  When a telephonic or electronic signature is unavailable, the county can document verbal attestation in the case file.  Following verbal attestation, the county must mail the Statement of Facts to the client to be returned via U.S. Mail within 30 working days.  If the applicant presents evidence of good faith efforts to submit the wet signature by mail, the county must continue aid.

The requirement for an interview for applicants is suspended for applicants whose identity has been verified and who have submitted all required verification.  This includes requests for immediate need.

Counties are reminded that when verification does not exist a sworn statement is adequate.  Counties cannot deny applications for failure to provide evidence if the county determines that the applicant is making a good faith effort.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crimes Victims Assistance Program.  (ACWDL, July 22, 2021.)

Family Fee Waivers for Child Care and Development programs

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Family fees will be waived for all Child Care and Development Programs administered by the California Department of Social Services from July 1, 2021 through June 30, 2022. receiving subsidized child care services. Fees will be waived for a period approved by the Federal Administration for Children and Families, during which contractors shall reimburse the subsidized child care providers for the full amount of the voucher without deducting family fees. Families should not be terminated due to outstanding fees owed for the 2021-22 fiscal year or while repayment plans are on hold. Families disenrolled due to delinquent family fees when family fees are waived may be reinstated. Additionally, contractors must record both collected and waived family fees. (CCB 21-01, July 1, 2021).

Determination of alternative resources for foster children receiving IHSS

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Minor children who are placed with approved resource families, or in a foster care setting which was required to become a resource family by December 31, 2020, are considered to be living in their own home and may receive In Home Supportive Services (IHSS) if they are otherwise eligible. Children in an SSI/SSP non-medical out of home living arrangement are not eligible for IHSS.

A foster care payment determined using the Level of Care Protocol is not an IHSS alternative resource that effects IHSS eligibility.  KinGAP and Approved Relative Caregiver benefits are also not alternative resources for IHSS.  In addition, the Dual Agency Rate and Supplement to the Dual Agency Rate for foster care and adoptive children eligible for regional center services are not an alternative resource for IHSS.  Finally, adoption assistance benefits are not an alternative resource for IHSS.

During the Level of Care Protocol determination, counties should ask oof the foster child is applying for IHSS.  If the caregiver has not applied for IHSS services for the foster child or IHSS has not yet been approved, counties cannot consider potential IHSS in the Level of Care Protocol determination.  If the foster child has been granted IHSS, the county considers all IHSS the child receives when making a Level of Care Protocol determination.

Counties should continue to review what additional services and supports foster children receive to determine whether those services and supports are alternative resources for purposes of IHSS.  (ACIN I-55-21, June 14, 2021.)

COVID-19 end of additional foster care and adoption flexibilities

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The California Department of Social Services has issued guidance regarding the end of additional flexibilities in the foster care and adoption program because of COVID-19.

The flexibility to do caseworker visits by videoconference instead of in person will end on July 31, 2021.  After July 31, 2021, family maintenance visits, monthly caseworker visits, visits with foster youth, post-placement supervision of adoptive placements and periodic caseworker visits must now be done in person.

The flexibility for exceptions to in person signing of adoption documents, and face-to-face visits independent adoptions and witnesses for adoption signing document will also end on July 31, 2021 and those requirements are reinstated after July 31, 2021.  (ACL 21-80, July 8, 2021.)

Questions and answers about changes to education as a Welfare-to-Work activity

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The California Department of Social Services has issued questions and answers regarding SB 1232 which makes significant changes to education as a Welfare-to-Work activity. These changes are described in ACL 21-04, summarized here.

The SB 1232 changes do not apply to privately funded institutions.  SB 1232 does apply to online institutions that are publicly funded even if they are located outside of California.  SB 1232 applies to non-profit postsecondary institutions. SB 1232 applies to all education courses at publicly funded postsecondary institutions, including Associate, Bachelors, Masters and PhD programs.

Counties do not need to approve a student’s course of study.  Counties cannot deny a student’s choice of postsecondary education program, courses or field of study.

SB 1232 supersedes guidance about Self-Initiated Programs (SIPs) for students in publicly funded postsecondary institutions.  Counties must transition current SIPs for students in publicly funded postsecondary institutions to a new plan that meets the requirements of SB 1232 as soon as possible.  SIPs who have not been transitioned to a new plan are entitled to advanced standard ancillary service payments.

SB 1232 creates a separate Welfare-to-Work track for clients enrolled in publicly funded postsecondary institutions.  Such clients are required to attend appraisal and orientation/OCAT, but are not required to do an assessment.  Counties can require an assessment for students enrolled in education part-time to assign additional educational activities during the education session, and for bridging activities between academic sessions to assign hours needed to fill hourly participation requirements.  This is because clients enrolled in a SB 1232 program are subject to Welfare-to-Work hourly participation requirements.  Part time students can submit a proposal for meeting their hours.  Clients not assigned to bridging activities when school is out of session will have good cause to not participate.  Clients who are enrolled full time in publicly funded postsecondary institutions meet participation requirements by making satisfactory progress as defined by the educational institution.

Clients enrolled in publicly funded postsecondary institutions need a new Welfare-to-Work plan.  Counties must provide a new plan no later than 30 days before the start of the education session.  If the plan is not provided, the prior plan will remain in effect and the previous advance standard payment amount will be issued to the client.  Plans must be modified by the Fall, 2021 academic session.  Although counties must mail clients a new plan for each academic session, clients do not need to sign and return a new or revised plan if their enrollment status and supportive services needs have not changed.

Counties are not required to change all Welfare-to-Work plans.  However, counties must inform clients as soon as possible about SB 1232 and their ability to enroll in school and receive an advanced standard ancillary payments.

Three hours of study time, whether supervised or unsupervised, are counted per week for each academic unit in which the client is enrolled.

Students in publicly funded postsecondary institutions are not subject to noncompliance.  If a student fails to attend their assigned activities, or provide required documentation, then the client will be scheduled for a non-SB 1232 activity.

Clients must provide enrollment documentation at the institution which serves as proof that the client is enrolled and is making satisfactory progress.

Clients must sign a Welfare-to-Work plan to receive the advance standard payment.  If there is a delay in the county receiving the plan, the county must issue the payment within 20 days of receiving the signed plan.  Counties can continue to provide vouchers as long as they are at least the full value of the advance standard payment.

The advance standard payment can only be an overpayment if the student was ineligible for the payment.  There is no overpayment even if the student’s enrollment status changes during the term.  The county cannot ask for receipts to show how the advance standard payment was spent.  The county cannot seek an overpayment if actual cost of books and supplies are less than the advance standard payment.  The county cannot limit the advance standard payment to the actual cost of books and supplies.

Clients can receive payment greater than the advance standard payment if they verify that the cost of required materials for classes are more than the advance standard payment.  Counties cannot cap the amount ancillary service payments. (ACL 21-75, June 28, 2021 and ACL 21-75E, November 29, 2021.)