CalWORKs

Potential Intentional Program Violation policy

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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.)

Time limit exemption for zero basic grant cases.

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The California Department of Social Services has issued a reminder about counting zero basic grant cases toward the Temporary Aid to Needy Families (TANF) federal time on aid clock, and CalWORKs state time on aid.  TANF and CalWORKs each have a 60-month time on aid limit.  However, the federal TANF clock and the state CalWORKs time in aid clock can count slightly different months.  The TANF 60-month time limit applies to any months in which “assistance” is received.

Zero basic grant cases do not count toward the TANF time clock.  Zero basic grant cases are: when aid payments are not issued when the grant is under $10, months when a payment is not issued due to a penalty which reduces the payment to zero, the grant is under $10, the grant is $0 because of overpayment recoupment, and the grant is diverted to an employer to offset the recipient’s wages in an on-the-job training program.

By contrast, except for when the grant is under $10, zero basic income cases count towards the CalWORKs time limit.

Nonrecurring, short-term benefits such as homeless assistance do not count toward the TANF time clock.  This means that months where someone receives only short-term benefits such as homeless assistance do not count toward the TANF time clock.

However, special needs payments such as homeless assistance count toward the CalWORKs time clock.  This means that months where someone receives only short-term benefits such as homeless assistance count toward the TANF time clock.  (ACIN I-67-22, October 11, 2022.)

Additional extension of benefits eligibility for Afghan migrants

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The California Department of Social Services (CDSS) has provided guidance about an additional extension of the arrival timeframe for Afghan Humanitarian Parolees and other persons who have left Afghanistan to be eligible for CalWORKs and CalFresh and refugee resettlement benefits.

Afghan Humanitarian Parolees, and their spouse and children, are eligible for benefits and services to the same extent as refugees. Persons are Afghan Humanitarian Parolees if they are citizens or national paroled into the United States between July 31, 2021 and September 30, 2023 (an extension of the original cutoff date first from September 30, 2022 and then from December 16, 2022). They are eligible from October 1, 2021 or the date they are paroled in the United States, whichever is later, to March 31, 2023, or the end of parolees’ parole term, whichever is later. Benefits that Humanitarian Parolees, and their spouse, children, parents or legal guardians are eligible for are Refugee Cash Assistance, CalWORKs, CalFresh, SSI, Refugee Support Services, and Services for Older Refugees. Counties should redetermine eligibility for benefits when parole has expired or by March 31, 2023, whichever is later.

Afghan Special Immigrant Visa holders, Special Immigrant Conditional Permanent Residents, and Afghan Special Immigrant Lawful Permanent Residents are eligible for public benefits to the same extent as refugees if their status is established between July 31, 2021 and September 30, 2023.

Effective November 21, 2022, Afghan parolees and their families with certain classes of admission are considered work authorized without waiting for their employment authorization. This allows them to enroll in Refugee Cash Assistance employment services. Their unexpired I-94 is sufficient to show employment authorization for 90 days after they are hired.

Afghan Humanitarian Parolees, and their spouse, children, parents and legal guardian, who are admitted into the United States between July 31, 2021 and September 30, 2023 are eligible for CalFresh. They are not subject to the five year waiting period for refugees. They are eligible until March 31, 2023.  (ACWDL, January 30, 2023.)

Changes to electronic benefits theft replacement form and policy

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The California Department of Social Services (CDSS) has issued a new form EBT 2259 for reporting benefits stolen by electronic theft.

CDSS has also changed its policy about electronic theft.  People reporting electronic theft no longer need to contact the electronic benefits transfer vendor prior to submitting the form EBT 2259 to the county.  People no longer are required to file a police report to submit the form EBT 2259 and get replacement benefits.

Counties review the form EBT 2259 to ensure that the form is complete prior to submitting it to CDSS.  If the claim is for scamming benefits (people being tricked to give out the PIN to their EBT card), the county decides if the claim is consistent with typical scamming practices.  If it is not, the claim should be referred for investigation.

If the theft report is made timely (which is within 10 days of the theft, and submitting the EBT 2259 within 90 days), the county has 10 business days to issue benefit replacement.   The county has a duty to assist persons with the report within 10 business days.  If the county cannot process the form within 10 business days, it must issue replacement benefits.

If the county refers the case for investigation, the case can be pended for up to 25 calendar days.  (ACL 23-13, January 27, 2023.)

Extension of benefits eligibility for Afghan migrants

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The California Department of Social Services (CDSS) has provided guidance extension of the arrival timeframe for Afghan Humanitarian Parolees and other persons who have left Afghanistan to be eligible for CalWORKs and CalFresh and refugee resettlement benefits.

Afghan Humanitarian Parolees, and their spouse and children, are eligible for benefits and services to the same extent as refugees.  Persons are Afghan Humanitarian Parolees if they are citizens or national paroled into the United States between July 31, 2021 and December 16, 2022 (an extension of the original cutoff date of September 30, 2022.).  They are eligible from October 1, 2021 or the date they are paroled in the United States, whichever is later, to March 31, 2023, or the end of parolees’ parole term, whichever is later.  Benefits that Humanitarian Parolees, and their spouse, children, parents or legal guardians are eligible for are Refugee Cash Assistance, CalWORKs, CalFresh, SSI, Refugee Support Services, and Services for Older Refugees.  Counties should redetermine eligibility for benefits when parole has expired or by March 31, 2023, whichever is later.

Afghan Special Immigrant Visa holders, Special Immigrant Conditional Permanent Residents, and Afghan Special Immigrant Lawful Permanent Residents are eligible for public benefits to the same extent as refugees if their status is established between July 31, 2021 and December 16, 2022.

Effective November 21, 2022, Afghan parolees and their families with certain classes of admission are considered work authorized without waiting for their employment authorization.  This allows them to enroll in Refugee Cash Assistance employment services.  Their unexpired I-94 is sufficient to show employment authorization for 90 days after they are hired.

Afghan Humanitarian Parolees, and their spouse, children, parents and legal guardian, who are admitted into the United States between July 31, 2021 and December 16, 2022 are eligible for CalFresh.  They are not subject to the five year waiting period for refugees. They are eligible until March 31, 2023.

CDSS has provided an updated list of acceptable verification and an updated chart of acceptable verification.  (ACWDL, December 14, 2022.)

Impact of Social Security COLA on CalWORKs and CalFresh

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The California Department of Social Services (CDSS) has issued information to County Welfare Departments (CWDs) that Social Security and Supplemental Security Income (SSI) recipients will receive a Cost-of-Living Adjustment (COLA) effective December 30, 2022, and payable January 1, 2023. Depending on household composition, it will impact the CalWORKs grant and/or CalFresh benefit amount.

Social Security and SSI recipients will receive an 8.7% COLA effective January 1, 2023. Counties must give timely and adequate notice when the CalWORKs grant or the CalFresh benefit amount is adjusted because of a due to Social Security COLA.

For new CalWORKs and CalFresh applicants, the Social Security benefit amount, including the COLA increase, will be used to determine eligibility January 2023.

The Social Secuity COLA is considered reasonably anticipated income. The Social Security COLA is considered “known to the county” and shall be acted upon mid-period. Counties must take county-initiated mid-period action to adjust benefits effective January 1, 2023, for all cases in which Social Security benefits are being used to determine the CalWORKs grant or CalFresh benefit. For cases with a report due in December 2022, counties will include the COLA amount in the budget for the upcoming Semi-Annual Reporting (SAR) payment period.

CalWORKs cases subject to Annual Reporting/Child Only (AR/CO) rules, the amount of the SSA COLA will be considered “known to the county” and acted upon mid-period.

If counties do not decrease the CalWORKs grant or CalFresh benefit amount as a result of the increased January 2023 Social Security payment, they must reduce grant amounts in the month after they give timely and adequate notice.  In those cases, there will be an overpayment or overissuance for January.

SSI payments are exempt in CalWORKs; however, income should still be updated for excluded assistance unit (AU) members.  (ACIN I-72-22, November 8, 2022 and I-72-22E, January 4, 2023.)