Author: Stephen Goldberg

COVID-19 CalWORKs Welfare-to-Work guidance

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The California Department of Social Services (CDSS) has issued continued guidance regarding the impact of COVID-19 on CalWORKs Welfare-to-Work (WTW).

Counties should exercise discretion regarding optional documentation and verification in order to continue providing WTW services and supports.

Counties can issue temporary blanket good cause for not meeting WTW requirements.  This includes all initial engagement activities, all assessments and evaluations, completion or maintenance of a WTW plan and WTW participation.

Counties are encouraged to serve clients remotely through distance learning activities.  CDSS has partnered with Cell-Ed to provide customizable distance learning options.  (See ACIN I-55-20.)

Sanctioned clients may now have good cause not to participate or who have a cure plan with activities that are no longer available.  For those clients, counties should implement cure plans documenting that the activity that the client failed to do is not available because of COVID-19.  The cure plan can specify an alternative activity such as reviewing orientation materials or conducting job search online.  When assigning another activity is not practical or feasible because of COVID-19, counties may implement cure plans stating the lack of available activities and that the client temporarily has good cause not to participate.

Counties cannot cure all sanctioned participants because of COVID-19. Clients must sign a cure plan.  Counties are encouraged to issue pre-populated sanction sure plans for individuals to sign without solicitation from the client.  Counties should consider telephonic, electronic or mail-in signatures.  For counties that cannot accept electronic or recorded telephonic signatures, counties must enter a case not stating the individual attested to the information provided.

For clients who are in noncompliance but are not yet sanctioned, counties should make all attempts to avoid imposing sanctions by offering other available and appropriate activities, or by applying good cause.

Counties can continue subsidizing wages in the Expanded Subsidized Employment program even when the worksites are closed because of COVID-19.

CalWORKS Work Study subsidies can continue where work hours are reduced, worksites are closed or students are otherwise unable to meet work study obligations because of COVID-19.  For example, the subsidy may continue when students are unable to work because of lack of supportive services, such as when the student’s child care provider is closed because of COVID-19.  The subsidized payment can be made directly to the CalWORKs recipient, or through the employer or third-party payor if they are able to issue subsidized wages to the recipient.  (All County Welfare Directors Letter, September 1, 2020.)

COVID-19 treatment of Lost Wages Assistance and Disaster Unemployment Assistance

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The California Department of Social Services (CDSS) has issued guidance regarding treatment of Lost Wages Assistance (LWA) and Disaster Unemployment Assistance (DUA).  LWA is $300 per week issued to persons who are unemployed or partially unemployed because of COVID-19 and are eligible for at least $100 per week in unemployment insurance.  LWA is being issued pursuant to Presidential Memorandum dated August 8, 2020.

LWA is not considered income for purposes of CalWORKs, Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program (TCVAP).  LWA is exempt because it is assistance issued under the Stafford Act.

Disaster Unemployment Assistance (DUA) is also not counted as income for purposes of CalWORKs, Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program (TCVAP) because it is assistance issued under the Stafford Act.   (ACWDL, September 10, 2020.)

COVID-19 reinstatement of IHSS overtime violations

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The California Department of Social Services (CDSS) has reinstated overtime and travel time violations for IHSS providers that were suspended because of COVID-19.

In ACL 20-32, CDSS stated that overtime and travel time violations incurred while performing services that were in critical need because of the COVID-19 state of emergency would be removed.

Effective September 1, 2020, violations for exceeding overtime and travel time limits are reinstated.   Going forward, counties should use the process in ACL 16-46 to determine requests to rescind overtime and travel time violations for services that are necessary because of COVID-19.  Counties can override overtime violations if: 1) the additional hours are necessary to meet an unanticipated need; 2) the additional hours are related to an immediate need that could not be postponed until a backup provider arrives; and 3) the additional hours are related to a need that would have a direct impact on the IHSS recipient and would have been needed to ensure their health or safety.

COVID-19 may require IHSS providers to work additional hours of overtime.  These hours may fall under the above criteria. Counties should consider such situations when determining whether to override an overtime or travel time violation.   (ACL 20-103, September 8, 2020.)

COVID-19 extension of COVID-19 time on aid exemption

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The California Department of Social Services (CDSS) has issued guidance regarding extension of the CalWORKs 48-month time on aid clock because of COVID-19.  In Executive Order N-75-20, Governor Newsome extended the exemption of months receiving CalWORKs counting on the 48-month time on aid clock until July 1, 2020, or when the state of emergency ends, whichever is sooner.  The exemption does not apply if the family will exceed the federal 60-month time on aid limit.

The executive order only extends time on aid for months in which CalWORKs aid are services are received.  Former CalWORKs recipients who were discontinued for meeting the 48 month time on aid limit must be eligible for a time limit extender to be added back to an assistance unit.   (ACWDL, August 31, 2020.)

COVID-19 Pandemic EBT update

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The California Department of Social Services (CDSS) has issued information regarding Pandemic EBT (P-EBT).  P-EBT provided a temporary emergency nutrition benefit to children who otherwise would have received free or reduced school meals if not for school closures because of COVID-19. CDSS operated the program.

Effective August 31, 2020, counties have responsibility to assist with PIN set-up for P-EBT cards and requests for replacement P-EBT cards.

Counties cannot assist with eligibility issues because the deadline for applications for and appeal of denials of P-EBT has passed.  Counties cannot determine P-EBT eligibility or issue P-EBT benefits.  CDSS is processing appeals and anticipates that all appeals will be processed by September 17.  Clients who submitted an appeal and are found to be eligible will receive a confirmation when their P-EBT card is mailed.  Clients who appeal and are found to be ineligible will get a confirmation email with information about the outcome of the appeal.  (ACWDL, September 1, 2020.)

CalWORKs, CalFresh, RCA/ECA and TCVAP guidance regarding California wildfires

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The California Department of Social Services (CDSS) has issued guidance flexibility for counties serving communities affected by wildfires.

If a county office closes during regular business hours, they must make it possible for people to apply for and receive CalWORKs, CalFresh, Refugee Cash Assistance/Entrant Cash Assistance (RCA/ECA) and Trafficking and Crime Victims Assistance Program (TCVAP) including emergency benefits, within timeframes required by state and federal law.  Counties must also provide notice of their hours of operation, and the procedures for applying for and receiving benefits when the office is closed.

For CalWORKs, for evacuees who apply for CalWORKs, if the applicant and the county make a good faith effort to obtain verification and are unable to do so, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.  If a social security number is unavailable, the individual must apply to the Social Security Administration for a new card and provide verification the completed application.  If the applicant has attempted in good faith to get verification but cannot, the county must temporary accept the evacuee’s statement under penalty of perjury.

When an individual or family displaced by fires applies for CalWORKs, counties must establish that the evacuee was living in a county designated as a federal disaster and/or state-declared emergency zone and ask if the evacuee or anyone else in their family is receiving CalWORKs from that county or another disaster county.

Counties are encouraged to offer CalWORKs diversion to evacuees to address their specific crisis or item of need.

Disaster assistance from federal, state or local government or disaster assistance organizations is excluded from consideration as income for CalWORKs.

For new applicants, evacuees should be informed pf the option to apply for temporary and permanent homeless assistance.  Applicant families are entitled to an exception to the one-every-twelve months limit because of a disaster.  When homelessness is the result of a state or federally declared disaster, the county may issue all 16 days of temporary homeless assistance in one lump sum payment.  If homelessness is caused by a disaster, the family is entitled to 16 days o disaster homeless assistance and then 16 days of regular homeless assistance.  Counties are also encouraged to refer clients to the Housing Support Program when a family is approved for CalWORKs.

Evacuee families should be evaluated for CalWORKs immediate need.  In determining eligibility for immediate need, liquid resources only include items that are immediately available.  Many evacuees may not be able to convert resources to cash prior to or after evacuation.

In counting income, some evacuees will no longer have income that is reasonably anticipated because of the disaster.

In counting property, only real and personal property that is actually available is considered for CalWORKs eligibility.  Many evacuees will not be able to access, occupy or sell their property at the time of application because of the disaster.  The county must consider the applicant’s ability and circumstances in meeting property provisions.

For families temporarily separated because of the disaster, a family member is considered temporary absent if they expect to reunite within one full calendar month.  CalWORKs recipients can maintain a home in a different county than the county they are physically residing in if they intend to return to that home within four months.

Counties should make a good cause determination for welfare-to-work nonparticipation in welfare-to-work activities.  Counties should also determine if an applicant needs barrier removal services such as mental health services or housing stabilization program services and provide these services as expeditiously as possible.

Current RCA/ECA and TCVAP recipients are eligible for the same waivers of existing rules as CalWORKs recipients.

Note that applicants for RCA/ECA and TCVAP are not required to provide Social Security Numbers.

RCA/ECA and TCVAP applicants impacted by the fires should be evaluated for an expedited emergency payment.

For CalFresh, counties statewide must serve displaced households under regular eligibility rules, including expedited service, regardless of whether the household is a permanent resident of the county of application.  When verification of residency is impossible, the county must accept self-certification.  Counties cannot impose a length of residency.  If the displaced household cannot provide necessary verification, self-certification or an affidavit can be used in place of the requested verification.

For recipients, food lost due to household misfortune, including fire, flood or loss of electricity, can be replaced.  CalFresh household must report the loss to the county within 10 days of the loss unless the county has been approved for an extension of timely reporting rules.  (ACWDL, September 1, 2020.)