Requirements for truncating Social Security Numbers

The California Department of Social Services (CDSS) has issued guidance regarding AB 499 (2020) that requires mailings from state agencies, which includes counties operating state and federal programs on behalf of CDSS, to only include the last four digits of a Social Security Number in outgoing mail.

Effective January 1, 2023, with limited exceptions, state agencies must only include the last four digits of a Social Security Number in outgoing mail.  Computer systems must make changes to implement this requirement.  County processes must be revised to meet this requirement.  Computer systems that must make changes to comply include, but are not limited to, CalSAWS and BenefitsCal, CMIPS, ACMS, EBT, Child Welfare Services/Case Management System, Child Welfare Services CARES, and County Expense Claim Reporting Information System.

If a system is unable to make necessary changes in a reasonable timeframe, the system must implement a workaround to redact or truncate all Social Security Numbers in outgoing mail.

Counties should report any mailings that violate this requirement to CDSS using the breach and incident process.  (ACL 23-17, January 31, 2023.)

County requests for approval of exemption of Guaranteed Income project income for CalWorks and CalFresh

The California Department of Social Services (CDSS) has issued a notice to describe how counties with Guaranteed Income (GI) projects can request that their programs be approved as CalWORKs GI Projects and therefore not be counted as income for CalWORKs and CalFresh. GI payments will count as income CalWORKs unless CDSS grants an exemption requested by the county.  Counties that would like to receive the CalWORKs exemption must submit the TEMP 3023 form.  County requests that GI not be counted as income for CalWORKs must include a comprehensive plan, a research plan and an Institutional Review Board approval.  CDSS will approve requests by formal order of the Director.  The order cannot extend beyond three years.

Note that CalWORKs Guaranteed Income Projects are different than California Guaranteed Income projects.  Income from California Guaranteed Income projects is also exempt for CalWORKs and CalFresh if the program including any private funding.

GI income will count for CalFresh unless any part of the GI payments are funded by a  nongovernment source, and the GI program is approved by CDSS. (ACIN I-35-22, April 14, 2022.)

AB 2300 changes to sanctions, exemptions and good cause and counting of Paid Family Leave

The California Department of Social Services (CDSS) informs counties of changes in sanctions, exemptions, good cause, and counting of Paid Family Leave.

For CalWORKs, the first $225, and then one-half of remaining disability-based income is disregarded.  Effective October 1, 2024 or when automation is completed, whichever is later, disability-based income will include Paid Family Leave benefits.  Note that the $225 initial disregard amount will also increase when the addition of Paid Family Leave benefits as disability-based income occurs.

In addition, effective October 1, 2024 or when automation is completed, whichever is later any month in which a CalWORKs recipient receives Paid Family Leave benefits will not count towards the CalWORKs 60-month time on aid clock.  This exemption only applies to the CalWORKs time on aid clock and does not apply to the federal Temporary Assistance to Needy Families time on aid clock.

16 and 17 year olds who are required to attend school, and qualifying custodial parents under age 20 are exempt from Welfare-to-Work participation as long as they are attending school.  Previously, individuals lost this exemption if they stopped attending school.  Effective January 1, 2023, these individual can regain their exemption if they return to school.

Effective January 1, 2023, there are several new reasons for good cause for not meeting Welfare-to-Work requirements.  A CalWORKs recipient should be granted good cause for nonparticipation in Welfare-to-Work if anticipated hours of employment are unpredictable,  the recipient has one of list of labor or employment law violations, the recipients states they have experienced sexual harassment or other abusive conduct at work, or the recipient states that their rights under and federal, state or local labor or employment law were violated.  A recipient is not required to verify their statement, and is not required to reference any specific law.  These good cause reasons may not last longer than three months.

These good cause reasons also apply to CalFresh work requirements.  (ACL 23-30, March 22, 2023.)

Welfare-to-Work during COVID-19 pandemic recovery

The California Department of Social Services (CDSS) has issued guidance regarding Welfare-to-Work during recovery from the COVID-19 pandemic.  Counties currently can grant blanket good cause, that is, not requiring anyone to participate in Welfare-to-Work, because of COVID-19.  The blanket good cause option will end 60 days after the federal Public Health Emergency is lifted.  Currently, the federal Public Health Emergency is scheduled to end on May 11, 2023.

After the Public Health Emergency ends, counties will have 60 days, or as soon as is administratively feasible, to re-engage participants who had blanket good cause.  Counties can continue to grant good cause on a case-by-case basis because the COVID-19 pandemic prevents or significantly impairs the individual’s ability to participate.

CDSS strongly recommends that counties grant good cause to CalWORKs participants who are experiencing homelessness or housing instability that interferes with their ability to participate in Welfare-to-Work.

Counties are encouraged to do avoid initiating noncompliance and saction procedures.  This includes promoting education; incentives for Welfare-to-Work participation; using Expanded Subsidized Employment, apprenticeship and pre-apprenticeship programs, and other employment and training activities; using family stabilization; and conducting meetings, appointments and signing documents electronically.

Counties are encouraged to allow partial or progressive engagement to assist in making incremental progress toward full Welfare-to-Work participation.

Counties can offer incentives for Welfare-to-Work participation, such as gift cards, cash, or vouchers.

Counties can continue Expanded Subsidized Employment and CalWORKs Work Study, even when worksites are closed because of COVID-19.

Electronic and telephonic signatures continue to be allowed and encouraged for Welfare-to-Work.  Counties are encouraged to conduct meetings and appointments with participants virtually.  Counties should give flexibility in scheduling to facilitate participation, including allowing virtual meetings.    (ACWDL, December 30, 2022.)

CalWORKs and winter storm disaster

The California Department of Social Services (CDSS) has issued a reminder about policy for processing CalWORKs cases for victims and evacuees of state and/or federally declared disasters. Because of the winter storms, Governor Newsom issued statewide Emergency Proclamations affecting Amador, Kern, Los Angeles, Madera, Mariposa, Mono, Nevada, San Bernardino, San Luis Obispo, Santa Barbara, Sierra, Sonoma, Tulare, Butte, El Dorado, Fresno, Humboldt, Imperial, Inyo, Lake, Mendocino, Merced, Monterey, Napa, Placer, Plumas, Sacramento, San Francisco, San Mateo, Santa Clara, Santa Cruz, Stanislaus, Tuolumne, and Yuba counties. In addition, on December 20, 2022, Governor Newsom issued an Emergency Proclamation for Humboldt County due to the effects of the 6.4 magnitude earthquake.  These disasters have made it necessary for some families to evacuate their home counties.

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, including identity, time on aid, and CalWORKs eligibility factors, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.

When an evacuee 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 reminded that COVID-19 flexibilities remain in place and apply to evacuees, including flexibility regarding pregnancy verification, in-person photo identification requirements, and signature requirements.  These flexibilities should allow for effective disaster response.

Disaster evacuees applying for or receiving CalWORKs aid must be informed of their semi-annual and annual reporting responsibilities. Counties must advise evacuees to try to get documentation of eligibility factors impacting for benefits, and to ask for help from the county in getting documentation if they need it.

CalWORKs recipients may be eligible for nonrecurring special needs payments because of emergencies from the fires, such as damage to or loss of shelter or belongings. Nonrecurring special needs funds can be used to repair or replace clothing or household equipment, to provide assistance for damages to the home, or to pay for interim shelter when the AU’s home was destroyed or made uninhabitable or inaccessible. The maximum nonrecurring special needs payment is $600 for each individual incident.

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

For CalWORKs applicants, counties are encouraged to offer CalWORKs diversion to evacuees to address their specific crisis or item of need. Applicants in an emergency should be evaluated for Immediate Need Payments. Both applicant and recipient evacuees should be entitled to an exception to the once in twelve months limitation on receiving Homeless Assistance. Recipient evacuees may also be eligible the CalWORKs Housing Support Program.

A written statement from the applicant is sufficient to establish intent to establish residency in California and in the county of application for the foreseeable future. Receipt of benefits at an address outside of California for two months or longer is not apparent evidence of intent to reside outside of California when return to California is prevented by a disaster.

Families who are in an emergency should be evaluated for an immediate need payment.

For income, it is expected that some evacuees will no longer have reasonably anticipated income because of the disaster. For property and resources, counties must consider the applicant’s ability to access, occupy or sell their property at the time of application because of the disaster.

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.

Most evacuated families will not be able to participate in welfare-to-work activities. Counties should make a good cause determination for evacuated families for 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.

Counties must maintain the ability for families to apply for Homeless Assistance benefits during normal business hours.  Temporary Homeless Assistance must be issued or denied within the same working day as the request.  Permanent Homeless Assistance must be approved or denied within one business day.

Homeless Assistance can be issued in one lump sum payment for 16 days when homelessness is caused by a declared disaster.  Counties must accept sworn statements of how homeless assistance money is spent, or counties can grant good cause for not providing paper verification such as motel receipts.  Homeless Assistance applications are not required to be made in person or to include a face-to-face interview.  Counties can complete the homeless assistance Statement of Facts on behalf of the family and accept electronic signature or oral attestation.

The CalWORKs Housing Support Program can provide interim housing, including hotels and motels, for disaster evacuees.  CDSS does not limit the number of days the Housing Support Program can cover hotels or motels.

Counties must notify CDSS when they will be closed during normal business hours.  CDSS asks counties to report closures because of a disaster to CDSS as soon as it is safe to do so. (ACWDL, April 3, 2023.)

Addendum — Contra Costa, Riverside, San Diego, and Yolo counties are also now declared disaster counties and are subject to these policies.  (ACWDL. April 27. 2023.)

 

Potential Intentional Program Violation policy

The California Department of Social Services (CDSS) has issued a policy about potential Intentiional Program Violations (IPVs).  Counties can only establish nonfraudulent CalWORKs overpayments and CalFresh overissuances for two years prior to the date of discovery.  Any benefits paid more than 24 months prior to the date of discovery cannot be included in a nonfraudulent overpayment or overissuance claim.

A fraudulent overpayment or overissuance claim is a claim caused by an IPV.  An IPV can only be established by an administrative disqualification hearing, a signed administrative disqualification hearing waiver, a criminal court conviction, or a signed disqualification consent agreement.  If a county determines that a claim previously established as nonfraudulent is fraudulent, the county must reclassify the claim as an IPV and issue a new notice.

CDSS has created the potential IPV claim for cases where the county believes there is an IPV, and the claim is beyond the 24-month establishment period.  When the county creates a potential IPV claim, there will be two claims on the case, the nonfraudulent claim and the potential IPV claim.  Collection on the potential IPV claim must be immediately suspended.

IPV claims are limited to six years before the date of discovery.

If a potential IPV claim is substantiated through either criminal prosecution or the administrative disqualification hearing process, the county must change the potential IPV to an IPV.  If a potential IPV is not substantiated through either criminal prosecution or the administrative disqualification hearing process, the county must delete the potential IPV claim.

Starting March 1, 2023, if a county investigation reveals sufficient evidence to refer the case for either criminal prosecution or an administrative disqualification hearing, the county must send a potential IPV informing notice to inform the client of the potential IPV amount beyond the 24-month period. (ACL 23-19, February 2, 2023.)