CalWORKs

CalWORKs eligibility for fire victims

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The California Department of Social Services (CDSS) reminded counties about CalWORKs regulations and policies for processing applications and documents on behalf of disaster victims and evacuees.  Emergency proclamations have been issued for Siskiyou County because of the Lava Fire, for Plumas and Lassen Counties because of the Beckwith Complex Fire, Plumas County because of the Dixie Fire and Fly Fire, Butte and Lassen Counties because of the Fly Fire, and Alpine County because of the Tamarack Fire.

Some evacuees will apply for CalWORKs in disaster counties or counties other than the county in which they live because of disaster related-relocation.  Many evacuees will not have documentation.  If the applicant and the county make a good faith effort to obtain verification of identity, time on aid, and linking and non-linking conditions of CalWORKs eligibility and are unable to contact the evacuees financial institutions or necessary entities or institutions, the county must accept the evacuee’s statement signed under penalty of perjury.

CalWORKs recipients may be eligible for nonrecurring special needs payments because of emergencies such as damage to or loss of shelter because of fires.  Funds can be used to repair or replace clothing or household equipment, to provide assistance for damage to the home or to pay for interim shelter.  Nonrecurring special needs payments are a maximum of $600 for each incident.  An assistance unit is eligible if it has less than $100 in nonexempt liquid resources.

Federal disaster and emergency assistance, and comparable disaster assistance from state or local governments, and disaster assistance organizations, is exempt from consideration as income or resources.

Counties are encouraged to explore diversion eligibility for fire evacuees.

Fire evacuees are in an emergency and should be evaluated for an immediate need payment.

Because of the disaster, some income that evacuees had will no longer have income that can be reasonably anticipated.

Many evacuees will not be able to access, occupy or sell their property.  The county shall consider the ability to access or sell property and make a good faith effort to obtain needed verification or accept a statement signed under penalty of perjury.

A family is considered temporarily absent from their county if they expect to reunite within one calendar month.  Evacuee recipients can maintain a home in a different county if they intend to return to their home county within four months.

Counties should make a Welfare-to-Work good cause determination for evacuees.  Counties are encouraged to exercise flexibility in this regard.  Counties should determine if an applicant or recipient needs barrier removal services such as mental health services, housing support program, or temporary homeless assistance.  For homeless assistance, disaster is an exception to the once-every-12-month limit. (ACWDL, July 22, 2021 and July 26, 2021.)

COVID-19 extension of waiver of CalWORKs pregnancy verification, identity verification, interview and signature requirements

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The California Department of Social Services has extended waiver of CalWORKs pregnancy verification, identity verification, interview and signature requirements until September 30, 2021 based on Executive Order N-08-21.

For aid to a pregnant person in a family that does not include another child, applicants can submit a sworn statement verifying pregnancy when medical verification of pregnancy cannot be provided.  Applicants who cannot provide either medical verification or a sworn statement can provide verbal attestation and medical verification within 30 days.  If after 30 days the applicant presents evidence of good-faith efforts to obtain and submit medical verification, the county must continue aid.  Pregnancy verification must be provided within 90 days after the California Department of Public Health no longer requires physical distancing.

In general, applicants must present photo identification in person before aid can be granted.  A sworn affidavit is acceptable but individuals must present photo identification within 30 days for aid to continue.  If county offices are closed because of COVID-19, aid will continue until the applicant can submit photo identification in person without needing to present evidence of good faith efforts to obtain or submit photo identification.   Applicants will be asked to submit photo identification electronically and to present photo identification in person within 90 days after the California Department of Public Health no longer requires physical distancing.

The requirement for signatures on the CalWORKs application and Rights and Responsibilities form is waived.  When a telephonic or electronic signature is unavailable, the county can document verbal attestation in the case file.  Following verbal attestation, the county must mail the Statement of Facts to the client to be returned via U.S. Mail within 30 working days.  If the applicant presents evidence of good faith efforts to submit the wet signature by mail, the county must continue aid.

The requirement for an interview for applicants is suspended for applicants whose identity has been verified and who have submitted all required verification.  This includes requests for immediate need.

Counties are reminded that when verification does not exist a sworn statement is adequate.  Counties cannot deny applications for failure to provide evidence if the county determines that the applicant is making a good faith effort.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crimes Victims Assistance Program.  (ACWDL, July 22, 2021.)

Questions and answers about changes to education as a Welfare-to-Work activity

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The California Department of Social Services has issued questions and answers regarding SB 1232 which makes significant changes to education as a Welfare-to-Work activity. These changes are described in ACL 21-04, summarized here.

The SB 1232 changes do not apply to privately funded institutions.  SB 1232 does apply to online institutions that are publicly funded even if they are located outside of California.  SB 1232 applies to non-profit postsecondary institutions. SB 1232 applies to all education courses at publicly funded postsecondary institutions, including Associate, Bachelors, Masters and PhD programs.

Counties do not need to approve a student’s course of study.  Counties cannot deny a student’s choice of postsecondary education program, courses or field of study.

SB 1232 supersedes guidance about Self-Initiated Programs (SIPs) for students in publicly funded postsecondary institutions.  Counties must transition current SIPs for students in publicly funded postsecondary institutions to a new plan that meets the requirements of SB 1232 as soon as possible.  SIPs who have not been transitioned to a new plan are entitled to advanced standard ancillary service payments.

SB 1232 creates a separate Welfare-to-Work track for clients enrolled in publicly funded postsecondary institutions.  Such clients are required to attend appraisal and orientation/OCAT, but are not required to do an assessment.  Counties can require an assessment for students enrolled in education part-time to assign additional educational activities during the education session, and for bridging activities between academic sessions to assign hours needed to fill hourly participation requirements.  This is because clients enrolled in a SB 1232 program are subject to Welfare-to-Work hourly participation requirements.  Part time students can submit a proposal for meeting their hours.  Clients not assigned to bridging activities when school is out of session will have good cause to not participate.  Clients who are enrolled full time in publicly funded postsecondary institutions meet participation requirements by making satisfactory progress as defined by the educational institution.

Clients enrolled in publicly funded postsecondary institutions need a new Welfare-to-Work plan.  Counties must provide a new plan no later than 30 days before the start of the education session.  If the plan is not provided, the prior plan will remain in effect and the previous advance standard payment amount will be issued to the client.  Plans must be modified by the Fall, 2021 academic session.  Although counties must mail clients a new plan for each academic session, clients do not need to sign and return a new or revised plan if their enrollment status and supportive services needs have not changed.

Counties are not required to change all Welfare-to-Work plans.  However, counties must inform clients as soon as possible about SB 1232 and their ability to enroll in school and receive an advanced standard ancillary payments.

Three hours of study time, whether supervised or unsupervised, are counted per week for each academic unit in which the client is enrolled.

Students in publicly funded postsecondary institutions are not subject to noncompliance.  If a student fails to attend their assigned activities, or provide required documentation, then the client will be scheduled for a non-SB 1232 activity.

Clients must provide enrollment documentation at the institution which serves as proof that the client is enrolled and is making satisfactory progress.

Clients must sign a Welfare-to-Work plan to receive the advance standard payment.  If there is a delay in the county receiving the plan, the county must issue the payment within 20 days of receiving the signed plan.  Counties can continue to provide vouchers as long as they are at least the full value of the advance standard payment.

The advance standard payment can only be an overpayment if the student was ineligible for the payment.  There is no overpayment even if the student’s enrollment status changes during the term.  The county cannot ask for receipts to show how the advance standard payment was spent.  The county cannot seek an overpayment if actual cost of books and supplies are less than the advance standard payment.  The county cannot limit the advance standard payment to the actual cost of books and supplies.

Clients can receive payment greater than the advance standard payment if they verify that the cost of required materials for classes are more than the advance standard payment.  Counties cannot cap the amount ancillary service payments. (ACL 21-75, June 28, 2021 and ACL 21-75E, November 29, 2021.)

COVID-19 Extension of CalWORKs time on aid exemption

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The California Department of Social Services has issued guidance regarding extension of the COVID-19 time on aid exemption from the CalWORKs maximum time on aid.  Months will not count toward the CalWORKs time on aid limit until the 60-month time on aid limit is implemented.  People will remain eligible for CalWORKs as long as they have received less than 48 countable months of CalWORKs.

Note that until June 30, 2021, the COVID-19 time on aid exemption did not apply if the recipient was over either 48 months of CalWORKs or over 60 federal countable months.  Going forward, the COVID-19 time on aid exemption applies if the recipient has received less than 48 CalWORKs countable months, regardless of the number of federally countable months the recipient has received.  (ACL 21-82, July 8, 2021.)

Increase in CalWORKs resource limit

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Effective July 1, 2021, the maximum resource limit will increase by 2.11 percent to $10,211 for the CalWORKs, Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victims Assistance Program. The new resource limit for Assistance Units that include at least one member who is aged 60 or older or disabled is $15,317. Subsequent increases to the resource limit will occur every January 1, beginning in 2023, if there is an increase to the California Necessities Index.  Restricted account rules will remain unchanged. (ACL 21-56, May 18, 2021.)

CalWORKs and CalFresh changes to semi-annual reporting and annual recertification

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The California Department of Social Services (CDSS) has issued instructions regarding changes to the semi-annual reporting and annual recertification processes. CalFresh Households and CalWORKs assistance units 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.  This does not change the process for semi-annual reports or initial applications.

Counties must request verification of any income received during the 30 days prior to submission of the annual recertification.  Verification is not required for households or assistance units that report no income during the 30 days prior to submission of the annual recertification. Verification is also not required the income source has stopped (for example job loss) or the income is not reasonably anticipated to continue, and the loss of income is not questionable.

If complete income information is not submitted with the annual recertification, the county must send a CW 2200 Request for Verification form to request verification of income.  The CW 2200 must list the specific date range for which income verification is requested.  The CW 2200 must request income verification for 30 days prior to the date of the form.  If the client returns income verification that is outside of the 30 day period stated on the form, but is sufficient to determine eligibility, the county must accept it.

The 30 day verification period may not always fall within one calendar month.  The household or assistance unit can only be required to provide income verification for a specific calendar month.  If the household or assistance unit submit income verification that crosses more than one month, the county must convert the income to a monthly average.

There is no change to the process for either delayed processing of CalFresh application, or CalWORKs late redetermination and good cause for late filing.

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.

Personal contact for late or incomplete SAR 7 can now be made by text or other electronic means if the household or assistance unit consents.

Counties must implement one of these interview scheduling methods for CalWORKs no later than July 1, 2021: time block interviews, telephonic contact in conjunction with written communication about scheduling an interview, and same day interviews.  For time block interviews, the designated time block must give households a reasonable window of time to expect a call. For initial applications, the interview must be scheduled as promptly as possible to ensure that eligible households have an opportunity to participate.  For recertification, the interview must be scheduled so that the household has at least 10 days after the interview to provide verification. Regardless of the scheduling method used, if a household misses its scheduled interview, at initial application or recertification, the county must send a Notice of Missed Interview.  (ACL 21-24, March 4, 2021, and ACL 21-24E, December 30, 2022.)