CalWORKs

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.)

Increase in CalWORKs vehicle value limit

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The vehicle value limit for CalWORKs, Refugee Cash Assistance, Entrant Cash Assistance, Traffcking and Crime and Victims Assistance Program is increased by 1.93% to $25,483 effective July 1, 2021.  The increase is because the vehicle value limit must be adjusted annually in accordance with the Transportation Consumer Price Index.  (ACL 21-38, April 2, 2021.)

Franchise Tax Board and Treasury Offset Program collection updates

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Franchise Tax Board intercepts will continue to be suspended through July 31, 2021 because of COVID-19.  Counties can approve refund requests for individuals with circumstances related to COVID-19 for Franchise Tax Board collections that occurred starting March 1, 2020 through the end of the suspension of Franchise Tax Board intercepts.

Collection of CalFresh overissuances through the Treasury Offset Program are no longer suspended and collections began in early April, 2021.  (ACWDL, April 8, 2021.)

Changes to federal Public Charge rule

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The Department of Homeland Security will not enforce the 2019 public charge rule. As a result, the 1999 interim field guidance on the public charge inadmissibility provision will now apply.  Under the 1999 Interim Guidance, the Department of Homeland Security and United States Citizenship and Immigration Services will not consider receipt of Medi-Cal (except for long-term care, public housing or CalFresh as part of determining public charge inadmissibility.  Public cash assistance for income maintenance, including CalWORKs, Supplemental Security Income (SSI), Cash Assistance Program for Immigrants and general assistance/general relief.

However, receipt of benefits alone will not automatically cause a public charge determination.  Receipt of benefits is only one factor among several considered as part of the totality of circumstances determination for whether someone is likely to become a public charge.  Receipt of benefits by family or household members is not considered for public charge purposes.

Medical testing, treatment, and preventative services for COVID-19, including vaccines, is not considered for public charge purposes. (ACL 21-32, March 15, 2021.)

Information from third-party payroll sources

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The California Department of Social Services (CDSS) has issued new instructions regarding how counties should act on information received from a third-party payroll source.

Counties must verify all discrepant information received from Income Eligibility and Verification System (IEVS).  Clients are given the first opportunity at verification by the county sending the client a 10-day verification letter.  If the client fails or refuses to respond to the 10-day letter, the county must contact the appropriate income or benefits source.  CDSS considers employers and third-party payroll sources such as The Work Number to be appropriate sources for verifying IEVS discrepancies.  If the source verifies the IEVS discrepancy, the county must take action or document that no action is required.

For CalFresh, if the client does not respond and the income source does not provide sufficient information to verify a discrepant IEVS match, the county terminate CalFreh benefits.

For CalWORKs, if the income source does not provide sufficient information to verify a discrepant IEVS match, the client’s sworn statement is sufficient.  If the client fails to respond, the county must document the discrepancy for resolution with the client by the next semi-annual report or annul redetermination.  If the client does not provide sufficient information to resolve the discrepancy, the semi-annual report or annual redetermination will be considered incomplete and CalWORKs will be discontinued.

If an appropriate third-party payroll source provides information beyond what as reported in an IEVS match, the county must try to verify the discrepancy by sending the client a verification letter.  If the client fails or refuses to respond with sufficient information to resolve the discrepancy, the county must consider the income from the third-party payroll source to be verified and determine its effect on eligibility accordingly.  This includes any overpayments or overissuances for months the client did not report income over the Income Reporting Threshold, and any effect on current benefit amounts.

ACLs 16-118 and 19-08 regarding the Work Number being used in conjunction with, but not in lieu of, existing income and eligibility sources, is superseded.  (ACL 21-16, March 25, 2021.)

Treatment of the Golden State Stimulus and Golden State Grant for CalWORKs

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Households receiving the California Earned Income Tax Credit for 2020 will receive a $600 one-time relief payment through the Golden State Stimulus program.  In addition, the Golden State Stimulus program will provide a one-time $600 payment to households that filed with an Individual Tax Identification Number, have income below $75,000 per year, and were precluded from receiving a federal stimulus payment.  Eligible households can receive both payments.

As a tax rebate, credit or temporary tax refund measure, Golden State Stimulus payments are not counted as income and are exempt from being counted as a resource for 12 months for CalWORKs CalFresh, and CAPI.

The CalWORKs Golden State Grant payment will provide a $600 one-time payment to eligible CalWORKs Assistance Units that will be distributed by mid-April 2021.  This payment is exempt from being considered income, and is exempt from being considered a resource for 12 months.

The CalWORKs Golden State Grant payment cannot be considered an overpayment and must be excluded from overpayment establishment and collection.

All active CalWORKs recipients as of March 27, 2021 are eligible for the CalWORKs Golden State Grant.  A family that contains a CalWORKs assistance unit may also be eligible for additional Golden State Grant payments if it includes a SSI or CAPI recipient.

Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program recipients are not eligible for the CalWORKs Golden State Grant.  (ACL 21-23, March 25, 2021.)