CDSS has issued instructions implementing SB 570 regarding CalWORKs treatment of Veterans education, training, vocation or rehabilitation benefits.  Effective January 1, 2018, Veterans Administration benefits for education, training, vocation or rehabilitation are exempt as income for purposes of CalWORKs for veterans, dependents of veterans and spouses of veterans who either died in the line of duty or have a service-connected disability.  Asset rules continue to apply these benefits, meaning that they are considered property in future months.

The exemption also applies to households categorically eligible for CalFresh because they receive CalWORKs.  The exemption does not apply to CalFresh only households.

Veterans benefits now excluded as income for CalWORKs include but are not limited to GI Bill, Vocational Rehabilitation and Employment Services, Yellow Ribbon Program, Survivors and Dependant Assistance Program, Tutorial Assistance, License and Certification Reimbursement, National Call to Service Program, Compensated Work Therapy and Work Study.

Counties must create a manual business process to implement the veterans benefits exclusion until each respective computer consortia is programmed to implement the exclusion.  (ACL 17-125, December 29, 2017.)

CDSS has notified counties about changes to the federal and state Earned Income Tax Credit (EITC) programs.  The maximum income and credit limits for federal EITC has increased for the 2017 tax year.  CDSS’ notice includes a table of the 2017 tax year maximum income and credit limits.

The California EITC is expanded to increase the income limit and to allow self-employment income to be eligible for the California EITC starting in the 2017 state tax year.  CDSS’ notice includes a table of the California maximum income and credits for the 2017 tax year.

EITC payments are exempt from consideration as income when determining CalWORKs eligibility and grant levels.  EITC payments are permanently excluded as income when determining eligibility and grant amounts for CalWORKs and CalFresh.

EITC payments are exempt from resource consideration for CalWORKs and CalFresh for 12 months starting with the month of receipt of payment.  Counties are encouraged to inform CalWORKs recipients that EITC payments are exempt from consideration as property for 12 months so that they do not need to spend down the EITC payment to maintain CalWORKs eligibility.  (ACL 17-120, December 5, 2017.)

The California Department of Social Services has issued instructions about Administrative Disqualification Hearings (ADH) for CalWORKs and CalFresh.  Counties investigate cases of alleged Intentional Program Violation (IPV).  These cases are pursued either through administrative or criminal proceedings.

For CalFresh, an IPV is intentionally either making a false or misleading statement; misrepresenting, concealing or withholding facts; or committing any act that violates the Food Stamp Act or the CalFresh program regulations. The county can initiate a CalFresh ADH by informing CDSS State Hearings Division that it has clear and convincing documentary evidence of an IPV.

For CalWORKs, an IPV is intentionally making a false or misleading statement or misrepresenting, concealing or withholding facts; committing any act intended to mislead, misrepresent, conceal or withhold facts or propound a falsity; and committing these acts to establish or maintain CalWORKs eligibility or to increase or prevent a reduction in the amount of a CalWORKs grant.  The county can initiate a CalWORKs ADH when the county determines that the respondent has committed an ADH based on preponderance of the evidence.

If the case meets the definition of an IPV, the case must be referred to the District Attorney for prosecution or to the ADH process.  If the case is not accepted by the District Attorney or the District Attorney does not act on the referral, the county must initiate ADH proceedings.

Upon receipt of an ADH referral, CDSS will give written notice of a state hearing to the respondent at least 30 days before the hearing.  The notice of hearing must be either personally served or mailed by first class mail at least 30 days before the hearing.  If the respondent no longer receives benefits, the county must verify the respondent’s mailing address prior to mailing the IPV notice.  If the hearing notice is returned as undeliverable, the hearing will be postponed to allow the county to verify or obtain a valid mailing address.  If the hearing notice continues to be returned as undeliverable, a hearing will not be scheduled until the county obtains another verified address.

If an individual is found to have committed an IPV through the ADH process or the individual signs an ADH waiver, the county must send the individual an Administrative Disqualification Notice using a specified form.  (ACL 17-118, November 21, 2017.)