Author: Stephen Goldberg

COVID-19 additional exceptions to the CalFresh student rule

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The California Department of Social Services (CDSS) has issued guidance regarding additional exceptions to the CalFresh student rule added by Consolidated Appropriations Act 2021.  These additional exceptions because of COVID-19 are in effect from January 16, 2021 until 30 days after the federal public health emergency is lifted.

In general students enrolled half time who are aged 18 to 49 are are physically and mentally fit are ineligible for CalFresh.  There are several exceptions to this rule.  The Consolidated Appropriations Act 2021 expands the exception for work study to any student eligible to participate in a state or federally financed work study during the regular school year, as determined by the school.  While this exception is in effect, it is no longer required that students be approved for work study and anticipate working.  CDSS has temporarily changed the work study verification letter to reflect this change.

The Consolidated Appropriations Act 2021 adds an exception to the CalFresh student rule for students who have a zero dollar expected family contribution.  This is determined by information on the Free Application for Federal Student Aid (FAFSA) or the California Dream Act Application.  The California Student Aid Commission determines who has a zero dollar expected family contribution.  Verification can include, but is not limited to, a letter from the California Student Aid Commission confirming a zero dollar expected family contribution, a student’s Student Aid Report or a financial aid offer letter.  The California Student Aid Commission will send all students with a zero dollar expected family contribution an informing letter about this new exception to the CalFresh student rule.  The California Student Aid Commission letter now includes a bolded statement instructing students to submit the letter in its entirety.  However, failure to submit the California Student Aid Commission letter is not a basis for requesting further verification or denial.

Requests to add a newly eligible student or to report a previously ineligible student being newly eligible are voluntary mid-period reports of a household composition change.  These reports can be made verbally or in writing and must be considered verified upon receipt.  However, a student’s exception to the student eligibility rule must be verified.  If verification is submitted timely, benefits are adjusted no later than the first allotment issued 10 days after the change is reported.  No supplement is issued for the month of the report.  If the household does not provide verification within 10 days of the report, but provides verification at a later date, the timeframe for taking action runs from the date verification is submitted.

(ACL 21-11, January 22, 2021 and ACL 21-11E, March 3, 2021.)

Standard ancillary services payment and other WTW changes for students

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The California Department of Social Services (CDSS) informs counties of changes to CalWORKs welfare-to-work (WTW) for students, including the new standard payment for ancillary services for students.  These changes are effective January 1, 2021 and must be implemented no later than the Fall, 2021 school term.

WTW participants enrolled in a publicly funded postsecondary educational institution and making satisfactory progress must receive an advanced, standard payment for required books and college supplies.  The participant must provide proof of enrollment.  The standard payment for full time students is $500 per semester and $350 per quarter.  The standard payment for part-time students is $250 per semester and $175 per quarter. These payments must be available at least 10 days before the start of the term.

Participants can request reimbursement of actual costs if they provide verification of those costs.  Counties must issue payment within 20 days of the request and provision of verification.

Counties can provide these payments as a voucher or other means of payment to a store that carries the books or college supplies required for participation.  Counties can only exercise this option if they ensure that vouchers are available to WTW participants no later than 10 days before the start of the term.

Satisfactory progress is determined by the educational institution.  Proof of admission is sufficient to show satisfactory progress because schools will not allow enrollment unless the student is making satisfactory progress.

Publicly funded postsecondary educational institution excludes for-profit schools.

WTW participants in publicly funded postsecondary educational institution shall not be required to complete job search or job club as their initial engagement activity.  Assessments for WTW participants in publicly funded postsecondary educational institution can only be conducted for the purpose of identifying barriers to participation in education such as domestic violence, substance abuse, mental health or learning disability.  WTW participants cannot be disallowed from attending the institution because of a barrier or refusal to attend an assessment.  Assessment results cannot be used to limit or restrict the participant’s choice in educational or training goal.

These changes do not make any changes to Self-Initiated Programs.

WTW participants enrolled in a publicly funded postsecondary educational institution shall receive three hours of study time for each academic unit enrolled in for purposes of calculating WTW hourly requirements.  If students do not meet the total number of hours required, counties must assist the participant by allowing the participant to submit a proposal for meeting those hours based on the full array of WTW activities available.

Participants who receive an advanced standard payment must sign a Welfare-to-Work Plan Activity Assignment (WTW 2) form.  If the participant continues attending the same institution at the same full-time or part-time level and does not require additional supportive services, an updated WTW 2 is not required.

The county must provide the WTW 2 30 days prior to registration for the term.  Counties must allow students to change their major or field of study.  If the county does not provide the WTW 2 form 30 days prior to the beginning of the term, ancillary services shall continue at the same level until the county receives the updated WTW 2.  (ACL 21-04, January 20, 2021.)

Errata:

WTW participants enrolled in a publicly funded postsecondary educational institution and making satisfactory progress are required to complete OCAT as part of WTW enrollment.

Students in publicly funded postsecondary educational institutions include students in adult education/adult schools.

The advance standard payment must be issued regardless of whether the participant has signed a new WTW plan.

A new WTW plan is not required if the participant is continuing their educational activity from one educational session to the next, attending the same institution at the same full-time or part-time level, and does not require additional supportive services. [ACL 21-04E, December 3, 2021.]

Increase in child support disregard for the CalWORKs program

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The California Department of Social Services (CDSS) has issued guidance regarding the increase in the child support disregard for the CalWORKs program.  Effective January 1, 2022, or when the computer systems are programmed, whichever is later, the disregard of current child support will increase from $50 to $100 for one child and $200 for two children.  These payments are not included when determining CalWORKs eligibility and/or grant amounts.

Safety net cases that are exempt from child support assignment will have the first $100 for one child and $200 for two children of collected child support will not included when determining CalWORKs eligibility and/or grant amounts.

Families that receive direct child support payments must report those payments as income, and will have first $100 for one child and $200 for two children not included when determining CalWORKs eligibility and/or grant amounts.

Families with a child that is opted-out of the CalWORKs assistance unit and are directly receiving child support for that child under SB 380 qualify for the $200 disregard because those families have more than one child in the assistance unit.

In determining eligibility for opt-out under SB 380, the amount of child support collected to be eligible is the maximum aid payment for that child plus the $200 disregard.

Counties are required to inform applicants and recipients of this change at least 90 days before implementation, and to inform new applicants at application beginning no later than 30 days prior to implementation.  (ACL 20-115, October 28, 2020.)

End of 24-month CalWORKs time clock

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The California Department of Social Services (CDSS) has issued guidance regarding the end of the 24-month CalWORKs time clock and related welfare-to-work (WTW) changes.  Effective May 1, 2022, or when the computer systems are programmed, whichever is later, the CalWORKs 24 month time clock is repealed.  The California CalWORKs standards will be the only WTW hourly participation requirements and federal standards will no longer be used to determine WTW participation. This means that all WTW activities allowed under California law will be counted at any time during the CalWORKs time on aid clock.

Months where WTW participation is excused for good cause for at least 50% of the hourly participation requirement will not count toward the time on aid clock. Family stabilization services will be available at any point on the WTW time clock.  Self-Initiated Plans will be available at any time during the WTW time on aid clock. Vocational education and job search/job readiness will be allowable activities throughout the time on aid clock.

Counties must notify all clients of these changes as soon as appropriate prior to May 1, 2022.  If after being informed of these changes a client chooses to remain in their existing WTW plan, the client will not need to sign a new WTW plan document.

Starting on the date these changes become effective, no CalWORKs recipient can be sanctioned if they are meeting minimum WTW participation requirements.  This includes clients who are assigned to a compliance plan or a cure plan even if the compliance or cure plan is to meet federal CalWORKs standards.

Recipients in the noncompliance process for failing to meet federal standards at the time these changes become effective must be informed that meeting CalWORKs participation requirements with any allowable activity will end noncompliance.  Counties must inform recipients who are removed from aid because of the 24 month time clock that they can receive aid by meeting CalWORKs participation requirements with any allowable activity  (ACL 20-120, November 13, 2020.)

COVID-19 extension of sick leave for IHSS providers

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The California Department of Social Services (CDSS) has issued information about the extension of two weeks of emergency paid sick leave in the Families First Coronavirus Response Act for In Home Supportive Services (IHSS) and Waiver Personal Care Services (WPCS) providers.  The Consolidated Appropriations Act extends the paid sick leave provisions of the Families First Coronavirus Response Act until March 31, 2020.  An IHSS or WPCS provider may request sick leave once from April 2, 2020 until March 31, 2021 if the provider is unable to work because of one of six listed COVID-19 related reasons.  The extension to March 31, 2021 does not create additional sick leave hours for providers who already used their Families First Coronavirus Response Act emergency sick leave.

Full-time employees (working 40 or more hours per week) are entitled to 80 hours of paid sick leave.  Part-time employees are entitled to the average number of hours that they work over a two-week period.

When a provider needs to take COVID-19 sick leave, they should complete the COVID-19 sick leave form, TEMP 3021 and submit the form to their IHSS county office.  WPCS providers submit the form to the Department of Health Care Services.  (ACL 21-06, January 19, 2021.)

Homelessness prevention programs

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The California Department of Social Services has issued information about various homelessness prevention programs.  CalWORKs diversion is a payment to help the family meet a short term need instead of receiving CalWORKs.  A diversion payment can be used to pay overdue rent to help prevent eviction or homelessness.  If a family accepts a diversion payment and needs to reapply for CalWORKs during a period equivalent to the months of aid a diversion payment would cover, the family must repay the diversion grant or those months count toward the CalWORKs time on aid clock.  Diversion recipients who reapply for CalWORKs are eligible for all housing services available to CalWORKs recipients.

Non-Recurring Short-Term Benefits is a lump sum payment to help address a family’s specific crisis or item of need.  Non-Recurring Short-Term Benefits is for a maximum of four months.  Non-Recurring Short-Term Benefits can be used for any accrued debts or liabilities that may be covered including rent.  There is no limit on the amount of benefits that can be provided. Families may provide sworn statements to document their need.  Counties may accept a verbal statement if the applicant is unable to provide a physical or electronic signature.

Family Stabilization provides intensive case management and services to CalWORKs families facing crisis.  Family Stabilization can be used to pay rent owed and provide additional services including case management, referrals to legal services and credit repair to prevent eviction or homelessness.

Permanent Homeless Assistance is available for families that are eligible for, apparently eligible for or receiving CalWORKs and are at risk of eviction or homelessness.  Permanent Homeless Assistance can pay up to two months back rent to prevent eviction once every 12 months with exceptions.  The monthly rent must be less than 80% of the family’s total monthly income.  Note not included in the letter that alternatively permanent homeless assistance can cover security deposit and first and last month rent.

Disaster Homeless Assistance is available for families that become homeless or are at risk of homelessness because of a state or federally declared natural disaster.  Disaster Homeless Assistance can include 16 days temporary homeless assistance or permanent homeless assistance.

Tribal TANF programs can provide eviction and homelessness prevention services.

CalFresh Employment and Training can provide housing stability services for recipients who are at risk of eviction of homelessness.  Federal reimbursement for subsidized housing is limited to no more than two months per year.

Refugee support services can provide emergency assistance, including housing and utility assistance if they experience job disruption, job loss, or other COVID-19 related challenges.

The Bringing Families Home program can pay overdue or ongoing rent for families experiencing or at imminent risk of homelessness who are involved with the child welfare system in counties that operate the program.  Bringing Families Home can also provide housing navigation, case management, and coordination with additional necessary services including legal services.

The Home Safe Program provides, in participating counties, assistance to persons involved in the Adult Protective Services system who are at risk of imminent homelessness because of elder or dependent adult abuse, neglect, self-neglect, or financial exploitation.  Home Safe Program assistance includes landlord engagement, case management, legal services, eviction protection, short-term financial assistance, heave cleaning and landlord mediation.  (ACWDL, January 14, 2021.)