CalWORKs

Limit on collection of CalWORKs overpayments of less than $250

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Effective July 1, 2019, the threshold for collection of CalWORKs overpayments from people no longer receiving CalWORKs increased from $35 to $250.  Counties cannot demand collection of non-fraudulent overpayments totaling less than $250.

The California Department of Social Services has issued guidance that debt collection cannot occur for administrative error or client error CalWORKs overpayments of less $250.  The collectable limit for Intentional Program Violations has not changed.  (ACL 21-124, November 4, 2021.)

CalWORKs Housing Support Program funding and rules changes

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The CalWORKs Housing Support Program (HSP) is intended to foster housing stability for families experiencing or at-risk of homelessness in the CalWORKs program.  All CalWORKs recipient families are eligible for the HSP.  HSP eligibility now includes families in CalWORKs who are at-risk of homelessness including recipients who have not yet received an eviction notice, and for whom housing instability would be a barrier to self-sufficiency or child well-being.

In general, homeless for purposes of HSP means either 1) an individual or family who lacks a fixed, regular, and adequate nighttime residence, 2) An individual or family who will imminently lose their primary nighttime residence, 3) Any individual or family who is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, has no other housing and lacks resources to obtain other housing.

For the purposes of HSP, a person is defined as at-risk of homelessness when they are experiencing housing instability, including recipients who have not yet received an eviction notice, and for whom housing instability would be a barrier to self-sufficiency or child well-being; have no subsequent permanent residence secured; and lack resources to secure subsequent permanent housing.  Families must be allowed to self-attest that they are at-risk of homelessness.

HSP provides rapid rehousing service, which includes housing identification, rent and move-in assistance, and case management.  HSP can also provide homelessness prevention assistance, which includes payment rent or utility arrears, late fee payments, first month rent and/or security deposit, landlord mediation, repairs, habitability/accessibility improvements, and housing navigation.  Counties are encouraged to limit their spending on homelessness prevention assistance to no more than 30 percent of their HSP allocation.

HSP must operate in accordance with the United States Department of Housing and Urban Development Housing First principles.  This means that individuals should be connected to housing or housing support without preconditions, services must be voluntary, client choice must be respected, and client cannot be rejected on the basis of income, past evictions, substance abuse, or any other behavior that might indicate a lack of housing readiness.

HSP should assist participants who are behind in rent with accessing ERAP funds before using Home Safe funds to pay back rent.  This is not requirement for Home Safe eligibility, but is a requirement to use ERAP funds before Home Safe funds for rental assistance.  If ERAP rent relief would not prevent a loss of housing and the family is eligible for HSP, then HSP funds can be utilized to keep the family housed, including by covering arrears to prevent a loss of housing.  (ACWDL, December 13, 2021.)

Eligibility of Afghan Humanitarian Parolees and Afghan Special Immigrant Conditional Permanent Residents for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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The California Department of Social Services (CDSS) has provided revised guidance regarding eligibility of Afghan Humanitarian Parolees Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits, and new guidance regarding eligibility for Afghan Special Immigrant Conditional Permanent Residents.  This guidance superceedes ACWDL September 3, 2021.

Afghan Special Immigrant Conditional Permanent Residents and Afghan Special Immigrant Lawful Permanent Residents are eligible for public benefits to the same extent as refugees.  Afghan Special Immigrant Conditional Permanent Residents are persons waiting for medical clearance to enter the United States.

Afghan Humanitarian Parolees, and their spouse and children, are eligible for benefits and services to the same extent as refugees.  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 and children, 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.

For CalWORKs, Afghan Humanitarian Parolees are not subject to the five-year ban on federally funded CalWORKs benefits.

For CalWORKs, reception and placement cash benefits count as property because they are considered recurring lump sum payments.

Afghan Humanitarian Parolees can be eligible for CalWORKs Housing Support Program.  Housing Support and Homeless Assistance can supplement federal refugee resettlement funds.  (ACWDL, December 2, 2021.)

Changes to CalWORKs eligibility for pregnant persons

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Effective July 1, 2022, pregnant CalWORKs recipients with no other eligible children will get an increase on their monthly pregnancy special needs (PSN) payment from $47 to $100.

Previously, pregnant adults age 19 or over with no other eligible children were eligible for CalWORKs benefits beginning of their second trimester of pregnancy, six months before the expected birth date.  Effective July 1, 2022, pregnant persons will be eligible for CalWORKs as of the date of application. They will no longer need to wait until their second trimester to receive CalWORKs and are eligible in their first trimester of pregnancy. 

In addition, medical verification requirements will change to allow recipients to provide a sworn statement or verbal attestation of pregnancy. This sworn statement shall include the applicant’s name, date of application, and declaration of pregnancy. Medical verification of pregnancy must be given to the county within 30 days of sworn statement/verbal attestation. Aid will discontinue with failure to provide medical proof unless the recipient presents evidence of a good-faith effort to provide information to fulfill this requirement. 

Benefits provided to Pregnant teens under the age of 19 or without a high school diploma will remain the same.

If a pregnancy ends before the delivery date, the $100 monthly Pregnancy Special Needs payment will end the month following the date the recipient reports the end of their pregnancy.

Although CalWORKs rules apply to Refugee Cash Assistance (RCA), Entrant Cash Assistance (ECA), and Trafficking and Crime Victims Assistance Program (TCVAP), those programs are intended for families without children.  However, recipients of those benefits can apply for  CalWORKs anytime during their pregnancy.

To be eligible for CalWORKs Home Visiting Program (HVP), an individual must a) be a member of the CalWORKs assistance unit b) The individual is pregnant, or c) the individual is a parent/caretaker relative of a child less than 24 months of age at the time the individual enrolls in the program.  (ACL 21-140, November 18, 2021.)

Impact of Social Security COLA on CalWORKs and CalFresh

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Social Security recipients will get a 5.9 percent Cost of Living Adjustment (COLA) increase effective January 1, 2022.  For new CalWORKs and CalFresh applicants, the actual amount of the Social Security benefit, including the COLA, is used for eligibility beginning in January, 2022.  Applicants who apply in November or December, 2021 will have the January amount of Social Security included for January as reasonably anticipated income.

For CalWORKs and CalFresh households in the final month of their Semi-Annual Reporting (SAR) period the county will reasonably anticipate the increase in the Social Security benefit for their upcoming SAR period beginning in January, 2022.

Counties must adjust benefits effective January 1, 2022 to reflect the COLA for all CalWORKs and CalFresh cases with Social Security income as a mid-period county initiated action.

If counties cannot change the CalWORKs or CalFresh grant because of the January, 2022 Social Security COLA, they must decrease the grant amounts the first of the month after timely and adequate notice is provided, and an overpayment assessed accordingly.  (ACIN I-91-21, November 12, 2021.)

CalWORKs pregnancy verification, signature and photo identification requirements

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The California Department of Social Services (CDSS) has informed counties about changes to the CalWORKs pregnancy verification, signature and photo identification requirements.

Effective July 1, 2021, a pregnant person only applicant who cannot provide medical verification of pregnancy can submit a sworn statement to verify pregnancy for CalWORKs and the pregnancy special needs payment.  Pregnant Person Only applicants who provide a sworn statement must provide medical verification of pregnancy within 30 working days.  Counties must extend this time for good cause.

Counties must give written notice of required documentation within 10 days of the date of application.  Counties must assist in obtaining documentation when the applicant has made every attempt necessary to obtain it.

Effective July 1, 2021, an applicant can sign a CalWORKs application by oral attestation if the applicant cannot provide a physical signature or the county is unable to accept an electronic or telephonic signature.  Except for Homeless Assistance benefits, the applicant must submit a physical signature within 30 working days following an oral attestation for benefits to continue.

Following verbal attestation, the county shall mail the Statement of Facts and all other application forms to the client to be signed and returned via U.S. mail within 30 days.  If the client has not submitted a physical signature within 30 days, the client must terminate the case.

Effective July 1, 2021, CalWORKs applicants can present photo identification virtually, including by videoconference.  (ACL 21-134, November 9, 2021.)