Author: Stephen Goldberg

CAPI nonmedical out-of-home care payment standard

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The California Department of Social Services (CDSS) has released guidance and forms regarding the Cash Assistance Program for Immigrants (CAPI) nonmedical out-of-home care payment standard. The nonmedical out-of-home care payment standard is available to SSI and CAPI recipients who need nonmedical care or supervision and reside in eligible living arrangements.

For minors, qualified living arrangements are: a blind or disabled child who resides in a state licensed nonmedical out-of-home care facility, a disabled child living in the home of a relative or legal guardian/conservator who is not a parent, a blind child living in the household of a relative who is not a parent or legal guardian/conservator, a blind or disabled child living in a certified family home, or a youth who receives extended foster care after age 18 and resides in a licensed/certified foster care home.

For adults, qualified living arrangements are: an aged, blind or disabled individual/couple residing in a state licensed nonmedical out-of-home care facility, an aged, blind or disabled individual/couple living in a Family Home approved by a Family Home Agency acting on behalf of a California Regional Center, or an an aged, blind or disabled individual/couple in the household of a relative, conservator or guardian and receiving nonmedical care and supervision from a relative.

Living arrangements not eligible for nonmedical out-of-home care payment are an adult who owns their residence or has rental liability for their residence, an adult whose ineligible spouse is able and available and lives in the same household, an adult who resides with a non-relative who is not the claimant’s conservator or guardian, an adult who resides in a facility that is not a state licensed or approved Family Home facility, a disabled child living with their parent(s), a blind child attending school or training full time who lives with their parents, or a blind or disabled child who lives in a certified family home, foster family home or unlicensed group home.

CAPI claimants who qualify for both IHSS and nonmedical out-of-home care payment may receive either but not both.

A CAPI recipient eligible for nonmedical out-of-home care living in a licensed facility receives one payment standard.  A CAPI recipient eligible for nonmedical out-of-home care living with a relative, legal guardian or conservator is eligible for a lower payment standard.  (ACL 20-141, December 16, 2020.)

Transitional CalFresh guidance

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The California Department of Social Services (CDSS) has issued guidance regarding Transitional CalFresh.  Counties must automatically provide Transitional CalFresh to CalWORKs households who leave CalWORKs “in good standing.”  CalWORKs household that are eligible for Transitional CalFresh include CalWORKs households that are discontinued because the household exceeded income or resource limits, asked to close their case, a parent timed out or a child aged out, or disqualified because of a CalWORKs rule change.

Individual members if CalWORKs households are not eligible for Transitional CalFresh if they are approved for benefits in another state, sanctioned, disqualified for an Intentional Program Violation, ineligible for CalWORKs because of immigration status, discontinued for not providing necessary information or completing a periodic report, disqualified for knowing transfer to resources to maintain CalFresh eligibility, disqualified for duplicate CalFresh participation, disqualified from CalFresh for being a fleeing felon, or being in violation of conditions of probation or parole, or disqualified for not complying with Able Bodied Adults Without Dependents requirements.  Other members of the household are eligible for Transitional CalFresh.

If an entire CalWORKs household is denied Transitional CalFresh, the county must assess whether the entire household or individual members are eligible for regular CalFresh.

The maximum Transitional CalFresh benefits period is 5 months. The Transitional CalFresh allotment is based on the CalFresh allotment prior to the CalFresh discontinuance adjusted for the loss of CalWORKs income.  Additional income is not considered.  The benefit amount is based on information already available to the county.  The county cannot contact the household to establish Transitional CalFresh eligibility or amount.

During the Transitional CalFresh period, the benefit allotment is frozen.  Households do not need to report changes, and counties do not need to act on third party information.

At any time during the Transitional CalFresh period, the household may reapply for regular CalFresh by completing the CalFresh recertification process. The county must evaluate the application and inform the household if the regular CalFresh allotment would be lower and give the household the chance to withdraw their application.

Households restoring CalWORKs and CalFresh benefits within 30 days of the CalWORKs discontinuance do not need to submit a new CalFresh application.  In cases where a CalWORKs discontinuance is rescinded, there cannot be a CalFresh overissuance because the Transitional CalFresh benefit is determined based on information available at the time.

Any Transitional CalFresh household member who returns to CalWORKs during the Transitional CalFresh period must be recertified before receiving regular CalFresh.

(ACL 20-129, January 6, 2021.)

VAWA for Rural Development tenants

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The United States Department of Agriculture has issued guidance regarding the Violence Against Women Act (VAWA).  This guidance applies to Section 515 Rural Rental Housing, Section 514/516 Farm Labor Housing, Section 538 Guaranteed Rural Rental Housing, and Section 533 Housing Preservation Grant programs.

VAWA protects domestic violence victims from being denied admission to, denied assistance under, termination from participation, or eviction from covered housing programs if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.

Criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking cannot be cause for termination of assistance, tenancy or occupancy rights of the victim.

Borrowers should allow extended absences per current policy including for the benefit of domestic violence survivors.

Borrowers must respond and consider allowing tenants to transfer another Rural Development unit if they reasonably believe they are facing an actual and imminent threat of domestic violence, dating violence, sexual assault, or stalking.  Rural Development will issue a letter stating the tenant may get priority placement in an available Rural Development unit.  Requests to transfer to an external unit when a Rural Development unit is not available must also be urgently handled.

Borrowers must distribute the HUD-5380 Notice of Occupancy Rights, and HUD-5382 Certification of Domestic Violence form to all applicants and tenants when an individual is denied residency, when assigned a unit, and with any notice of eviction or termination of assistance.

Borrowers should prioritize victims’ requests and process emergency transfers and lease bifurcations as quickly as possible.  This includes accepting verbal statements, or accepting self-certification of the domestic violence incidents.  Evictions, lease bifurcations, and terminations of assistance against victims because of an actual and imminent threat should only be used when there is no other action to reduce the threat.  When processing bifurcation, Borrowers should consider allowing more time to demonstrate eligibility for other programs.

Borrowers should consider adopting a preference for admission and make every effort to accept admission applications from victims at any time, even when the waiting list is closed.

Technology should be used to allow survivors to safely testify at hearings when their housing subsidy is at issue.  (United States Department of Agriculture Unnumbered Letter, November 23, 2020.)

COVID-19 Emergency Rental Assistance Program

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The Emergency Rental Assistance Program in the Continued Assistance Act makes available $25 billion to assistant households that are unable to pay rent and utilities because of COVID-19.  Payments will be made directly to states, U.S. Territories, local governments with more than 200,000 residents, the Department of Hawaiian Home Lands, and Indian Tribes.  Not less than 90 percent of awarded funds must be used for direct financial assistance.  The remaining funds are available for housing stability services.

An eligible household is a renter household in which at lease one or more individuals 1) qualify for unemployment or has experienced a reduction in household income, incurred significant costs, or experienced financial hardship because or COVID-19, 2) demonstrates a risk of homelessness or housing instability, or 3) has a household income at or below 80 percent of the area median.

Eligible households that include an individual who has been unemployed for 90 days, and households with income at or below 50 percent of the area median are to be prioritized.

Eligible households may receive up to 12 months of assistance, plus an additional 3 months if the grantee determines the extra months are needed to ensure housing stability and grantee funds are available.

Payment of existing housing-related arrears that could result in eviction of an eligible household is prioritized.  Assistance must be provided to reduce an eligible household’s rental arrears before the household may receive assistance for future rent payments.  Once a household’s rental arrears are reduced, future assistance can be provided for only three months at a time.  Households can reapply for additional assistance at the end of the three-month period if needed and the overall time limit for assistance is not exceeded.

An application for rental assistance can be submitted to the grantee by either an eligible household or be a landlord on behalf of the household.  Funds will be paid directly to the landlords and utility service providers.  If a landlord does not want to participate, funds may be paid directly to the eligible household.  (Emergency Rental Assistance Program, United States Department of the Treasury.)

COVID-19 CalFresh emergency allotment for January 2021

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California has been approved to issue an emergency allotment of CalFresh for January, 2021.  The emergency allotment will be issued on February 7, 2021 to raise each household’s monthly CalFresh allotment to the maximum allowable for the household size.  Per guidance from the Food and Nutrition Service (FNS), households already receiving the maximum allotment are not eligible to receive an emergency allotment.  However, the Consolidated Appropriations Act increases CalFresh allotments by 15% for the period January 1, 2021 through June 30, 2021.  Information about this increase will be issued in a future letter.

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. (ACWDL, January 4, 2021.)

COVID-19 Continued Assistance Act Unemployment Insurance Provisions

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The United States Department of Labor has issued instructions regarding the Unemployment Insurance provisions of the Continued Assistance Act 2021.  Pandemic Unemployment Assistance (PUA), which provides benefits to independent contractors and self-employed persons who are unable to work because of COVID-19, is extended to the weeks of unemployment ending on or before March 14, 2021.  Individuals receiving PUA as of the end of the program who have not yet exhausted their PUA may continue to collect PUA for any week they have entitlement until the week of April 5, 2021.  The maximum number of weeks of PUA is increased from 39 weeks to 50 weeks.  The number of weeks available continues to be reduced by any weeks of unemployment insurance or extended benefits received.

States have been given the authority to waive PUA and LWA overpayments when the individual is not at fault and repayment would be contrary to equity and good conscience.

An individual must have exhausted all entitlement to unemployment insurance, Pandemic Emergency Unemployment Compensation (PEUC), and extended benefits before filing for PUA.  However, the Continued Assistance Act provides a hold harmless provision for an individual who previously exhausted PUA but became eligible for additional amounts of PEUC beginning on or after December 27, 2020.  States may continue paying PUA to an individual currently receiving PUA who is newly eligible to receive PEUC because of the additional weeks of PEUC.  States have four weeks to implement the additional amounts of PEUC and move an individual from PUA to PEUC.

Individuals filing for PUA must have their claim backdated to the first week during the Pandemic Assistance Period that the individual was unemployed, partially unemployed, or unable or unavailable to work because of COVID-19.

Any individual who receives PUA after December 27, 2020 must provide documentation substantiating employment or self-employment, or the planned beginning of employment or self-employment.  For persons applying on or after January 31, 2021 are required to provide documentation within 21 days of applying or the date the individual is directed to submit the documentation by the State Agency, whichever is later.  Individuals applying before January 31, 2021 and receiving a payment after December 27, 2020 are required to provide documentation within 90 days of applying or the date the individual is directed to submit the documentation by the State Agency, whichever is later.

States must have a system of identity verification for PUA.

Pandemic Unemployment Compensation is reauthorized for $300 per week in supplemental benefits for weeks of unemployment beginning after December 26, 2020 and ending on or before March 14, 2021.

States have the option to establish a Mixed Earners Unemployment Compensation.  If enacted, this program provides an additional $100 additional payment per week for persons who received at least $5,000 in self-employment income in the most recent taxable year, who are receiving another unemployment insurance benefit except for PUC, and who submit documentation of their self-employment income. PEUC is extended to weeks of unemployment ending on or before March 14, 2021. Individuals receiving PEUC as of the end of the program who have not yet exhausted their PEUC may continue to collect PEUC for any week they have entitlement until the week of April 5, 2021.  The maximum amount of PEUC is increased from 13 times the individual’s average earnings to 24 times the individual’s average earnings.

States can allow continued PEUC when an individual qualifies for regular unemployment insurance and regular unemployment insurance is at least $25 less than PEUC.  If an individual previously exhausted PEUC and began receiving extended benefits, they must exhaust extended benefits before being eligible for PEUC.  If permitted by state law, if the state remains in an extended benefit period when an individual exhausts PEUC, the individual may still be eligible for extended benefits.

States must have a method to address when an individual refuses to return to work or accept an offer of suitable work without good cause.  States must provide a reporting method for employers to notify the state agency when an individual refuses an offer of employment.  States must notify claimants who refuse to work or to accept an offer of suitable work without good cause including instructions for contesting a denial based on a report of refusal to accept suitable work and exceptions to the rule.  A state may exercise temporary emergency flexibility in its application of good cause.  (UIPL 9-21, December 30, 2020.)