COVID-19 CalFresh emergency allotment for September, 2021

California has been approved to issue an emergency allotment of CalFresh for August, 2021.  All households will receive at least the maximum CalFresh allotment.  Households eligible to receive the maximum allowable allotment based on household size are now eligible to receive an emergency allotment of $95 per month. Households who are not eligible to receive the maximum allowable allotment based on household size, but whose emergency allotment would be less than $95 per month to receive the maximum allotment, will receive additional CalFresh benefits to raise their emergency allotment to the new $95 minimum.

The emergency allotment will be issued on October 24, 2021.  The emergency allotment can be issued manually if a household should have received the emergency issuance through the batch process but did not.

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.  There will be a one-month phase out of emergency allotments after the public health emergency is rescinded.  (ACWDL, September 2, 2021.)

Changes to CalFresh Notice of Denial or Pending Status

The California Department of Social Services has released a new Notice of Denial or Pending Status, CF 377.1A.  Changes to the Notice include that every CF 377.1A must inform the household that they may become categorically eligible if they have applied for SSI and the application is granted.  The Notice now must state the specific items of verification that the county alleges are missing for denial of either an application or recertification.  The Notice also must state, when the application is pending because of missing verification, what specific items of verification that the county alleges are missing.

Finally, when the county receives a complete recertification and denies the household, the county must send a separate denial notice.  The Notice of Denial or Pending Status is insufficient to deny recertification when the county receives the recertification application.  (ACL 21-93, August 5, 2021.)

COVID-19 CalFresh emergency allotment for August, 2021

California has been approved to issue an emergency allotment of CalFresh for August, 2021.  All households will receive at least the maximum CalFresh allotment.  Households eligible to receive the maximum allowable allotment based on household size are now eligible to receive an emergency allotment of $95 per month. Households who are not eligible to receive the maximum allowable allotment based on household size, but whose emergency allotment would be less than $95 per month to receive the maximum allotment, will receive additional CalFresh benefits to raise their emergency allotment to the new $95 minimum.

The emergency allotment will be issued on September 5, 2021.  The emergency allotment can be issued manually if a household should have received the emergency issuance through the batch process but did not.

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.  There will be a one-month phase out of emergency allotments after the public health emergency is rescinded.  (ACWDL, August 11, 2021.)

COVID-19 financial support for at-risk families

The California Department of Social Services (CDSS) has provided information about financial support for eligible at-risk families with child welfare contact during the COVID-19 state of emergency.  Financial support is up to $600 per eligible household, or up to $1,200 for eligible households with three or more children at risk of entering foster care.

Households are eligible if they meet one of the following criteria:

  • Households with a Family Maintenance service component without a subsequent entry into Foster Care.
  • Households with an Emergency Response service component without a subsequent entry into Foster Care.
  • Households with a substantiated ER referral, without an accompanying case opening or entry into FC.
  • Households with an inconclusive ER referral, without an accompanying case opening or entry into FC, where the Structured Decision Making Risk Assessment was considered “high” or “very high.”
  • Probation cases where a child was at “imminent” or “serious” risk of removal or was a candidate for FC.
  • Households where a child was returned for a Trial Home Visit (THV)

All categories include cases identified in May, 2021, and new eligible families identified in June through December, 2021 depending on availability of funds.

County child welfare services agencies will get a list of potentially eligible clients, with instructions for ensuring client eligibility.  County probation departments will give CDSS lists of eligible families.

Prepaid cards will be issued to eligible families.  Open Family Maintenance, Trial Home Visit, Emergency Response cases, probation candidates, and Substantiated Referrals will receive a one-time $600 payment ($1,200 if the family has three or more children at risk of entering Foster Care). Families determined to be at “High” or “Very High” risk with an inconclusive referral will receive a total one-time $300 payment ($600 if the family has three or more children at risk of entering Foster Care).

Families who receive a payment under one eligibility category will not receive a second payment if their case moves to another category.

These funds do not count as income for CalWORKs or CalFresh.

(ACL 21-83, July 21, 2021.)

Reasonable accommodations the CalFresh programs

The California Department of Social Services (CDSS) has issued guidance regarding reasonable accommodation for disabilities in the CalFresh program.

Counties must notify all CalFresh applicants, recipients, authorized representatives, and other interested parties, of the right to request reasonable accommodations.  Counties must prominently display posters on nondiscrimination, give printed notices (including having the PUB 13 available in all waiting rooms and reception areas), on websites, and verbally at initial application and recertification.

Counties have an affirmative duty to determine wither a CalFresh applicant/recipient needs additional assistance because of a disability and, if applicable, to provide a disability related accommodation.  This means that, even if an applicant/recipient does not request an accommodation, the county must ask if a CalFresh applicant/recipient needs a reasonable accommodation when the need is obvious or known.  If such disabilities are discovered, the county must assist the individual in self-identifying the disability and/or the appropriate accommodation.  Counties can also identify a possible disability related need by reviewing application or recertification forms.

The county computer systems have a flag that counties must use when an applicant/recipient indicates the need for a disability accommodation and/or the applicant/recipient has disclosed a disability.

Counties must ask the applicant/recipient if they need assistance, but counties cannot ask the applicant/recipient if they have a particular diagnosis or condition.

Counties must offer disability-related assistance if an applicant/recipient identifies as having a disability or if the disability-related need is obvious or known.

If the county notices that an applicant/recipient is having difficulty completing CalFresh eligibility requirements, they must still offer assistance and document it in the case file even if the assistance is not disability-related.

CalFresh applicants/recipients may request a reasonable accommodation at any time in their interaction with the county.  Reasonable accommodation requests can be made in person, by telephone, or in writing by the applicant/recipient or be someone acting on their behalf.  There are no “magic” words to request a reasonable accommodation.  An applicant/recipient does not need to disclose a specific diagnosis or condition to request a reasonable accommodation.  An applicant/recipient can request a reasonable accommodation for another person with whom they are associated.  The county cannot question the need for an accommodation.  The county can ask to clarify the nature of the disability-related need and related accommodation request.

Counties cannot require a particular form to request a reasonable accommodation.  There is no limit on the number of reasonable accommodation request a person may make.   A reasonable accommodation can be considered and granted if a person cannot comply with a program requirement because of a disability.  If the applicant/recipient requests a reasonable accommodation, that accommodation must be provided in all interactions where the need arises.  The county cannot require the person to re-request the accommodation in every interaction.

Counties must document all reasonable accommodation requests and subsequent county actions.  If there is an interactive process, that process must documented in the case file.  The county must document a reasonable accommodation every time it is provided.

Counties must provide annual civil rights training to all of their employees.  Counties must train public contact staff, program managers, and supervisors on hiring and at least annually, on providing reasonable accommodations to persons with disabilities.  (ACL 21-78, June 28, 2021.)

COVID-19 Treatment of Pandemic Emergency Assistance Fund payments in various programs

The California Department of Social Services has provided guidance regarding treatment of the one-time payment issued to CalWORKs recipients pursuant to the Pandemic Emergency Assistance Fund (PEAF) for CalWORKs, CalFresh and Medi-Cal.  The PEAF payment was a $640 payment to CalWORKs recipients that was issued on July 10, 2021.  PEAF is to assist low income families impacted by COVID-19.

PEAF does not count as income for CalWORKs and CalFresh and does not count as a resource for 12 months after receipt.  Both MAGI and non-MAGI Medi-Cal treat the PEAF payment as a disaster payment which does not count as income.

Families who received the PEAF payment were informed of the payment by phone and email message during the week of July 12, 2021.

The PEAF payment does not tick either the CalWORKs or federal TANF time-on-aid clocks.

The PEAF payment will not impact the amount of the CalWORKs unreimbursed assistance pool for purposes of child support distribution.

Lost PEAF payments can only be replaced if the assistance unit incurs skimming or scamming of their benefits.  (ACL 21-65, July 22, 2021.)