Author: Stephen Goldberg

Using corrected CalWORKs amount to determine CalFresh overissuance

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The California Department of Social Service (CDSS) has provided clarification that when determining the amount of a CalFresh overissuance or underissuance, the county must use the CalWORKs and CalFresh amount that the household should have received if the household has correctly reported and the county had taken timely action.  For example, if a household has income that was not considered when determining the CalWORKs and CalFresh grants, the CalFresh overissuance is determined using the corrected amount of CalWORKs as income, that is, the lower CalWORKs grant caused by the increase in income.

ACIN I-16-05 is incorrect and is corrected by this letter.  ACL 03-18 is correct.

Households with established claims as of the release of this letter may request a recalculation using the correct methodology.  (ACIN I-05-16E, August 13, 2020.)

COVID-19 requesting individual stimulus payment for dependents of benefits receipients and for other non-filers

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The Internal Revenue Service (IRS) has reopened the non-filer tool for SSI, Social Security, VA benefits and Railroad Retirement recipients to request the $500 per dependent stimulus payment.  People on  SSI, Social Security, VA benefits and Railroad Retirement can now request the $500 child stimulus payment using the portal until September 30.  After September 30, 2020, SSI, Social Security, VA benefits and Railroad Retirement recipients must file a 2020 tax return in 2021 to get the $500 per dependent payment.

In addition, IRS set a deadline of October 15 for people who do not need to a tax return to apply for the stimulus using the portal.  People who do need to file a tax return but do not apply using the portal by October 15 will need to file a 2020 tax return in 2021 to get the stimulus. In addition, SSI, Social Security, VA benefits and Railroad Retirement recipients who did not automatically receive their stimulus payment need to complete the non-filer tool by October 15 or they will need to file a 2020 tax return in 2021 to get the stimulus.

IRS states it is working to resolve cases where a stimulus payment was taken and applied to their spouse’s past-due child support.  IRS states it will automatically issue the portion of the stimulus payment that was applied to the other spouse’s debt.

IRS has cancelled all checks that were issued to people who died before the receiving the stimulus payment.  Some stimulus payments to spouses of deceased  persons were cancelled.  IRS is working on reissuing payments to surviving spouses of deceased taxpayers who were unable to deposit the initial stimulus payment to the deceased and surviving spouse.  (IR 2020-180, August 14, 2020.)

New revision of CAPI Indigence Exception form

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The California Department of Social Services (CDSS) has revised the Cash Assistance Program for Immigrants (CAPI) indigence exception form SOC 813.  These changes reflect that, as explained in ACL 20-79, summarized here, CalFresh and housing subsidies will no longer be counted as income for purposes of determining eligibility for the CAPI indigence exception to sponsor deeming.  ACIN I-34-19, summarized here, which transmitted the prior version of the SOC 813 form and included the prior policy, is superceeded.  (ACIN I-61-20, August 13, 2020.)

CAPI acceptance of expired LPR cards

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Effective immediately, counties must accept expired Lawful Permanent Residence (LPR) cards when determining eligibility for the Cash Assistance Program for Immigrants (CAPI).  If a claimant presents an expired LPR card, the county must verify immigration status using the Systematic Alien Verification for Entitlements (SAVE) system.  The county must accept an expired LPR card and grant benefits as otherwise eligible if the LPR card can be verified through SAVE.

This policy applies to any administrative hearing or rehearing that is currently pending.  (ACL 20-88, August 5, 2020.)

COVID-19 independent adoptions reinstatement of in person requirements

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Effective immediately, all in person requirements related to adoption specialist visits in the Independent Adoption that were waived in ACL 20-56, summarized here, are reinstated.  Remote visits can only occur if the state, county, or city public health department in the geographical area in which the petitioner(s) resides provides direction to halt in person contact and/or shifts back to Stage 1, the petitioner(s) refuses entry due to their own health and safety concerns related to the risk of COVID-19 infection or the petitioner(s), child, or someone else in the household has been exposed to, is experiencing symptoms of, or has tested positive for, COVID-19.

Other flexibilities in ACL 20-56 can continue for the duration of the Governor’s Declared State of Emergency due to COVID-19, unless a future EO or CDSS guidance ends or modifies it sooner.  (ACL 20-92, August 10, 2020.)

COVID-19 resuming in-person requirements for RFA complaint investigations

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In ACL 20-43, summarized here, the California Department of Social Services (CDSS) provided guidance regarding waiver of in-person various requirements for Resource Family Approval (RFA).  In ACL 20-71, summarized here, extended this waiver for investigation of complaints that do not allege serious health and safety risk. In addition, ACL 20-71 authorized other investigation to continue remotely on a case-by-case basis, if the state, county, or local public health department provides direction and/or shifts back to Stage 1, the resource family refuses entry because of their COVID-19 related concerns, or the resource family, child, or someone else in the household is experiencing symptoms of or has tested positive for COVID-19.

CDSS has now extended the waiver in ACL 20-43, as modified in ACL 20-71, for the duration of the Governor’s Declared State of Emergency due to COVID-19, unless further guidance is issued from the Department.  (ACL 20-91, August 7, 2020.)