CalWORKs

Eligibility of Ukranian nationals for federal and state benefits

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THIS LETTER HAS BEEN SUPERCEEDED FOR FEDERAL BENEFITS.  SEE ACWDL, July 6, 2022, summarized here.

The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Ukranian nationals for various public benefits programs.

Ukranian arrivals who have refugee or asylee status qualify for CalWORKs, CalFresh, SSI, and Refugee Cash Assistance (RCA).

Ukranian refugees and asylees are eligible for RCA. Persons with Temporary Protected Status are not eligible for RCA.  Counties must accept a declaration under penalty of perjury of the applicant’s immigration status while documentary verification is pending.

Ukranian nationals who have Temporary Protected Status are not eligible for most federal or state public benefits.

Ukranian humanitarian parolees can be eligible for CalWORKs with state funds.  This is because humanitarian parolees have Permanent Residence Under Color of Law (PRUCOL).  This includes eligibility for Homeless Assistance and Housing Support Program, both of which can supplement federal refugee resettlement funding.

Ukranian humanitarian parolees are eligible for the Cash Assistance Program for Immigrants (CAPI).  They are not eligible for SSI.

Ukranian humanitarian parolees are eligible for CalFresh or California Food Assistance Program (CFAP) if they have been paroled into the United States for at least one year.  Paroled for at least one year means the duration of parole.  A humanitarian parolee is eligible for CalFresh or CFAP from the day they are paroled into the United States if their parole will last at least one year.  Ukranian humanitarian parolees for less than one year are not eligible for CalFresh or CFAP.

Public interest parolees must be admitted to the United States for at least one year and must meet two additional criteria to be eligible for CalFresh, including five years of residence, working 40 quarters, children under age 18, elderly or disabled as defined.  People who do not meet two of the additional criteria can be eligible for CFAP.

Ukranians with refugee, asylee or humanitarian parolee status are eligible for Project Roomkey, Bringing Families Home, Housing and Disability Advocacy Program, and Home Safe.

Ukranian arrivals, including humanitarian parolees, can be eligible for Medi-Cal.

Regardless of the documentation presented, counties must verify immigration status with the SAVE system.  (ACIN I-40-22, April 22, 2022, ACIN I-40-22E, May 24, 2022.)

CalWORKs time limit exemption for indian country residents in areas with over fifty percent unemployment

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The California Department of Social Service (CDSS) has informed County Welfare Departments (CWDs) of Temporary Assistance for Needy Families program updates on whether the Indian Country residents who participate qualify for federal and state time limit exemptions. Members of federally recognized tribes that have over fifty percent unemployment are exempt from both federal and state time limits. The letter identifies federally recognized tribes that had over fifty percent unemployment in 2021. The exemption also applies to tribal TANF programs.

Individuals who live in these areas qualify for the time limit exemption for specified months. If an individual lives in the exterior boundaries of an Indian reservation that is not listed in the letter as having over fifty percent unemployment, the county or Tribal TANF program can get written documentation from the tribe that the individual lived in an area where unemployment of adults is 50 percent or higher.

The California Work Opportunity and Responsibility to Kids (CalWORKS) time limit is 48 months, and the federal TANF time limit for aid is 60 months. As of May 1, 2022, the CalWORKs time limit will increase to 60 months.

CalWORKs applicants and recipients must be informed of all program time limit requirements and of how to request an exemption. Recipients must also be provided with information about their accumulated time on aid at specific intervals.  (ACL 22-28, April 8, 2022.)

Increase in CalWORKs Earned Income Disregards

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For the CalWORKs program, certain earned income and disability-based income is disregarded in determining eligibility.  This is called the Earned Income Disregard.  Starting July 1, 2022, the Earned Income Disregard for applicants will increase from the first $90 per month of earned income for each employed person to the first $450 of earned income.

Starting June 1, 2022, the Earned Income Disregard for recipients will increase from $550 per month to $600.   This increase in the recipient Earned Income Disregard applies to the state KinGAP program, but not to the federal KinGAP program.

(ACL 21-130, November 29, 2021 and ACL 21-130E, March 22, 2022.)

 

EBT card CVV enablement and card replacement

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The California Department of Social Services is activating Card Verification Value (CVV) on Electronic Benefits Transfer (EBT) cards.  CVV is an is an additional layer of coding embedded in the magnetic stripe on the back of the EBT card and not visible to clients.  It is the three-digit code on the back of credit cards.  However, unlike the CVV number on most credit or debit cards, the EBT CVV number is not printed on the EBT card.

All cards issued by the EBT vendor after June, 2018, and all cards printed at the county welfare department since October, 2019, have the CVV embedded.  Cardholders with EBT cards printed before those dates will need a replacement card.  This is about 911,000 replacement cards.  New cards were mailed from mid-February to mid-March, 2022.  The mailing has instructions for activating the new cards.

The CVV technology will be enabled in late April, 2022.  Cards that do not have the CVV will not work after the CVV technology is activated.  If cardholders have issues with not receiving new cards or with activation of new cards, cardholders need to contact the EBT vendor.  Counties will refer callers to the EBT Customer Service Center.  Counties should follow the current card replacement process if a customer did not receive their new card or otherwise needs a replacement card.  (ACWDL, March 17, 2022.)

CalWORKs questions and answers regarding changes to semi-annual reporting and annual recertification

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The California Department of Social Services (CDSS) has issued questions and answers regarding changes to the semi-annual reporting and annual recertification processes. CalWORKs assistance units may now provide information about income received during the 30 days prior to submitting the annual recertification.  Counties must determine the relevant period based on when the household or assistance unit submits their annual recertification or when the county sends a CW 2200 Request for Verification form.  If the assistance unit reports income and provides verification for a 30 day period, and that income is reasonably anticipated to continue, the county can use the information provided.  A paystub outside of the 30 day period is sufficient if it represents reasonably anticipated income.

Semi-annual reports (SAR 7) no longer must be signed no earlier than the first of the month to be considered complete.  The SAR 7 is now considered complete if the form is signed and dated by persons specified by CDSS, all questions and items are fully answered, and all required verification is provided, regardless of the date the it is signed.  If the signature and/or date is missing, then the SAR 7 is incomplete.  The date can be captured via electronic signature, or, if the county does not have electronic signature capability, by verbal attestation.

Automated calls can meet the personal contact for late or incomplete SAR 7 as long as the call provides information that leads to a worker, call center or provides a phone number that the recipient can call for assistance.  If the assistance unit does not have a working phone number, the county can use email or text if the client previously gave consent for electronic communication.  If that is unsuccessful, then the county must mail a written reminder no later than five days prior to the last calendar day of the submit month.  The county must document in the case record that it made an attempt to contact and collect information necessary for the report.

The policy for third party verification remains unchanged.  Counties can use information from The Work Number in the same manner as information provided by an employer.  (ACIN I-21-22, March 4, 2022.)

Instructions on interpreter services and confidentiality agreement

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County welfare departments must offer free bilingual or interpreter services to all non-English speaking or limited English proficient persons. The California Department of Social Services (CDSS) has issued a new form, the CR 6181, to inform non-English speaking or limited English proficient persons of the risks of using their own interpreter instead of using a free interpreter provided the county.  Counties must use this form when applicants or recipients choose to use their own interpreter after being offer a free interpreter by the county.  The CR 6181 form replaces any county form previously used for this purpose.

The county must ensure that the applicant or recipient and their interpreter have read and understood the CR 6181 form.  The county must provide the CR 6181 form in the applicant or recipient’s primary language (if it has been translated into that language), and provide an interpreter to help with understanding the form.   If the applicant/recipient or their interpreter refuse to sign the form, the county must use a county-provided interpreter or bilingual staff member.

The form must be completed at redetermination, if it was signed over a year previous, or if the applicant/recipient chooses a different interpreter.

For telephone or virtual communication, the county must use a county provided interpreter unless a CR 6181 is already on file.  If there is a CR 6181 on file, the applicant/recipient can use their own interpreter.  If there is not a CR 6181 on file, it was signed over a year previous, or a different interpreter was named on the form, the county must read the form to the applicant/recipient in their primary language age get verbal consent to the risks of using their own interpreter.

The CR 6181 does not replace the GEN 1365 Notice of Language Services which informs individuals of their right to free language assistance services.  Counties are reminded that they must advise clients of their right to a free interpreter, and must provide interpreter services promptly and without delay.  Although clients can use their own interpreter, a county must not compel or encourage them to do so.  A client can use a minor as an interpreter only in extenuating circumstances.  (ACL 21-128, November 12, 2021.)