Author: Stephen Goldberg

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.)

COVID-19 child care family fees for 2020-21

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The California Department of Education (CDE) has issued information regarding child care family fees for fiscal year 2020-21.  All family fees were waived for July and August, 2020.  Families should have received should have received a refund or credit for future services.  Families disenrolled by the contractor or who chose to disenroll because of family fees for July and August 2020 can be reinstated if funding and space are available without the need for additional eligibility documentation.  These families would receive priority and should be enrolled before any families from the agency’s eligibility list.  If the contractor does not available space, the contractor may attempt to transfer enrollment to another contractor who has availability and, if not possible, refer the family to the local Resource and Referral program.

Family fees are waived for September, 2020 to June, 2021 for families where all children in the family enrolled in subsidized early learning center services remain at home for that month either because of closure of the facility when all currently enrolled children are not able to receive in-person services because of a public health order, or for families sheltering-in-place because of COVID-19.  Families whose children receive in-person services will continue to pay the family fee.

Families may at any time request a reassessment of family fees based on income or other changes.  This information can be used to reduce family fees but cannot be used to make any other changes unless requested by the family.  Family fees will not be adjusted for absences when the family is certified for full-time care, and intended, at the time of paying the fee, to use in-person services, but does not attend for all of their certified hours in a given month.

When a direct services provider must close unexpectedly, including because of a positive COVID-19 test, or are required to limit in person services in response to a local or public health order, the family should receive a refund or credit for their family fee.  If some in person services are provided, the part-time fees would still apply.

For families that have a delinquent family fee plan, contractors should have placed the plan on hold for the months of July and August 2020.  Families should not have been terminated for outstanding fees owed for those months or while repayment plans were on hold.  Families disenrolled by the contractor because of delinquent family fees during a period in which family fees are waived can be reinstated.  If funding and space are available without the need for additional eligibility documentation. If the contractor does not available space, the contractor may attempt to transfer enrollment to another contractor who has availability and, if not possible, refer the family to the local Resource and Referral program.

Delinquent family fee plans resumed in September, 2020 only for families attending in-person care.  Families sheltering-in-place or receiving distance learning services because of COVID-19 must pay outstanding fees or resume payment plans when the family returns to in person care.  (MB 20-19a, December 9, 2020.)

COVID-19 not counting new stimulus payments as income for benefits programs

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The California Department of Social Services (CDSS) has issued guidance regarding treatment of the new individual stimulus payments as income for various benefits programs.

The payments authorized by the Consolidated Appropriations Act of 2021 are individual tax rebates.  They are excluded from income in the month received for CalWORKs, CalFresh, Refugee Cash Assistance, and the Trafficking and Crime Victims Assistance Program.  The individual stimulus payments count as a resource after 12 months if they have not been spent.  (ACWDL, December 31, 2020.)

CalFresh Elderly Simplified Application Project extension

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The California Department of Social Services (CDSS) has issued guidance regarding extension of the Elderly Simplified Application Project (ESAP).  ESAP is federal waivers to allow elderly and disabled CalFresh households to waive recertification interviews, use data matching to reduce needed verifications, extend certification period for up to 36 months, and waive the requirement to contact the household every 12 months, which eliminates the need to send and collect SAR-7 reports.

These waivers apply to households where all members are either elderly (age 60 or older) or disabled with no earned income.  Households that include excluded or ineligible members who are also elderly or disabled are eligible for ESAP.

This is an extension of existing federal waivers until September 30, 2026.  The elimination of periodic reporting is new and is expected to be effective on March 1, 2022 when programming is completed.

When the waiver of periodic reporting becomes effective, ESAP households will still need to complete mandatory mid-period reporting, including gross income over the Income Reporting Threshold during the 36 month-certification period.

The interview waiver allows counties to waive recertification interviews unless the case is set to be denied.  This means there will not be a recertification interview unless requested by the household, the county is going to deny the recertification application, or information provided is questionable, incomplete or contradictory.  An ESAP case cannot be denied at recertification without an attempt to schedule an interview.  Counties must continue to conduct interviews at initial certification for ESAP household except that the initial interview may be waived for other reasons.

The verification waiver means that ESAP households are only required to submit verification of income, non-citizen eligibility, utility expenses, medical expenses, social security numbers, residency, identity, or child support payments if they are questionable.

If a household becomes ineligible for ESAP during the 36-month certification period (for example because of employment or a change in household composition) the county must convert the household to non-ESAP and the household will need to comply with all reporting requirements.  However, the household must complete their 36-month certification period.  The county cannot shorten the certification period once it is assigned.  At the end of the 36-month certification period, the county must determine continuing CalFresh eligibility and whether the household continues to be ineligible for ESAP.  The county must send a written notice to the household when it is converted from ESAP to a regular CalFresh household.  (ACL 20-145, December 29, 2020.)

CAPI application process

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The California Department of Social Services (CDSS) has issued reminders about the application process for the Cash Assistance Program for Immigrants (CAPI).

Any person who wants to apply for CAPI must be allowed to do so immediately.  People attempting to apply for CAPI cannot be turned away by the county for any reason.  This is true even if the an applicant is applying in a county they do not reside in.  In that situation, the county must offer to start the application and that the application will be forwarded to the correct county.

Counties cannot dissuade persons from applying for CAPI.  Counties may not issue verbal eligibility decisions and must follow all notice requirements.  Counties may not redirect CAPI applicants to other county offices or agencies until they have made a determination of CAPI eligibility.

Counties must assist applicants as needed to establish CAPI eligibility.  This includes providing required application forms, information on how to obtain required documents, and information about alternative types of documentation.  Counties must provide reasonable accommodations to qualified individuals with disabilities in the application process.

Counties must assist applicants in their preferred language.  CAPI applicants may not be turned away based on unavailability of county staff who speak the applicant’s preferred language.  Counties can use telephone interpreter services.  CAPI applicants can use their own interpreter if the interpreter is at least 18 years old.  Only under extenuating circumstances or at the specific request of the applicant can a minor temporarily act as an interpreter.  Whenever the applicant provides their own interpreter, the county should inform the applicant that they have a right to a free interpreter.

All CAPI forms are available in English, Armenian, Spanish and Chinese on the CDSS website.  Applicants requesting assistance in any other language must be provided with interpretation of CAPI forms in their preferred language.

When a married couple applies for CAPI, each spouse must complete and sign their own application, must be assigned a separate case number, and get separate notices of action.

Counties must accept CAPI applications and documents at any county welfare department office. Applicants may not be redirected to other offices to apply.  County residents who call an office that does not process CAPI applications must be transferred to a county office that does and be given the direct phone number for that office.  Counties with call centers that accept CAPI applications must be given the opportunity to apply over the phone and the application should be sent for processing within 24 hours.  Counties cannot redirect phone applicants to apply in person or by mail.

Members of one of the CAPI consortia must accept CAPI application in-person, by mail or by phone, at any county welfare department office.  Consortium counties cannot direct callers or transfer callers to the lead consortium county.  Applications and forms must be scanned and emailed to the Sacramento County Department of Human Assistance or the San Mateo Human Services as appropriate.

Counties must collect a photo id from the applicant.  CAPI applicants who apply based on age must provide evidence of age.  For people who do not have birth certificates, other evidence may be submitted to establish date of birth.

Counties must collect evidence of immigration status.  An applicant who does not have this documentation must still be allowed to apply.  There are many ways to prove immigration status or intent to obtain immigration status for victims of serious crime or trafficking survivors.  Counties must require qualified aliens to apply for SSI and to get evidence of the application or a denial based on immigration status.  Counties must not require an SSI application as a condition of applying for CAPI.  People who are not qualified aliens are not required to apply for SSI to be eligible for CAPI.  Because of COVID-19, verbal attestation of applying for SSI is sufficient until the end of the state of emergency.

All CAPI applicants are usually required have a face-to-face interview.  However, because of COVID-19, interviews can be done electronically until the end of the state of emergency.  (ACL 20-143.)  The interview should be within five days of the application so the county can make an eligibility decision within 30 days.

CAPI applicants under age 65 who have not already been found disabled for purposes of Med-Cal must be evaluated by the Disability Determination Service Division and are not eligible until that evaluation is done unless they are presumptively eligible.  (ACIN I-84-20, November 16, 2020.)

CalFresh reporting responsibilities for substantial lottery or gambling winnings

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The California Department of Social Services (CDSS) has issued guidance regarding reporting requirements for CalFresh applicants and recipients who receive substantial lottery or gambling winnings.  Households must report receipt of substantial winnings within 10 calendar days of receipt of winnings at any time during the certification period.  This mid-period reporting requirement is in addition to existing mid-period reporting requirements.

Substantial lottery winnings are a cash prize won in a single game, purchase of a ticket, hand, or similar bet, which is equal to or greater than the resource limit for elderly or disabled households, which is currently $3,500.  The dollar amount is determined before taxes or other withholding.  If a household member shared in the purchase of a ticket, hand, or similar bet, with a non-household member, the total portion of the winnings allocated to the household must be considered when determining whether a household is required to report during the certification period.  This reporting requirement applies even if the household immediately spends or loses a substantial portion of the winnings and the remaining winnings are below the resource limit for elderly and disabled households.

The county must verify the winnings, and if the dollar amount is above the resource limit, must discontinue the entire household based on receipt of the winnings.  A household with substantial winnings will remain ineligible until the household’s income and resources do not exceed the resource limit.  This applies to all households, including categorically eligible households where all members receive CalWORKs, general assistance, SSI, and households certified under modified categorical eligibility.

A household may reapply for CalFresh at any time.  The household must not be considered categorically eligible or modified categorical eligible.  Counties must apply the CalFresh gross income, net income and resource test.  This requirement only applies the first time the household is certified following the loss of eligibility.

If the household composition has changed, the household is considered a different household that is treated as any other CalFresh applicant household.

Counties must verbally inform all new and existing households of the new substantial lottery and gambling winnings reporting requirement during the initial certification and recertification interview.  Counties must inform the household that benefits will be discontinued if the household receives substantial winnings during the certification period.  (ACL 20-132, December 11, 2020.)