The Department of Homeland Security has decided not to defend the 2019 public charge rule in court and has dismissed all pending appeals regarding the 2019 public charge rule. As a result, the 1999 interim field guidance on the public charge inadmissibility provision is now in effect. (Department of Homeland Security Press Release, March 9, 2021.)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
CalWORKs
CalWORKs Home Visiting Program questions and answers
The California Department of Social Services has issued questions and answers about the CalWORKs Home Visiting Program. A few of the questions and answers address services to clients.
Diapers and wipes can be considered a material good that the $500 Material Goods allowance can be used but only when diapers are not already being provided by the CalWORKs program. Home Visiting Program finds cannot be used to supplant services already being provided through Welfare-to-Work.
Home Visiting Program services can be transferred to another county when requested by the client. Home Visiting Program services can be terminated in the first county and the client can request services in the new county. Counties may work collaboratively to continue services for a client upon notification that a client is moving to a new county. If a county Home Visiting Program is at capacity, they will not be able to take on new clients. Services will terminate if the client moves to a county that does not have a Home Visiting Program.
Non-needy relatives of foster children are eligible for CalWORKs Home Visiting Program services.
KinGap recipients are not eligible for Home Visiting Program services. (ACIN I-80-20, November 17, 2020.)
CalWORKs overpayments during COVID-19
The California Department of Social Services has issued reminders of CalWORKs overpayment policies in consideration of COVID-19. In recognition of the pace of policy changes, and the impact COVID-19 had on county operations and CalWORKs recipients’ inability to complete required reports such as gross monthly income over the IRT, counties must consider these circumstances when establishing overpayments as it is very likely there will be an increase in administrative error overpayments beginning with April, 2020.
Federal individual stimulus payments are excluded from counting as income in the month of receipt and as an asset for 12 months following receipt.
Semi-annual reporting was suspended for March, April, and May, 2020. However, assistance units who did not make mandatory mid-period reports may be subject to overpayments. Mandatory mid-period reports are income exceeding the income reporting threshold, fleeing felon status, violation of conditions of probation or parole, and address change. Unearned income must be paired with earned income to be considered over the income reporting threshold. Failure to report an address change cannot be based on failure to report an address change.
The $600 per week Pandemic Unemployment Compensation provided through July 31, 2020 is exempt from being considered income for recipients, but not for applicants. If a family had Pandemic Unemployment Compensation in its possession when they applied and it was not used in determining eligibility there could be total ineligibility and an overpayment.
The Lost Wage Assistance Program issued for the period July 26, 2020 to September 5, 2020 does not count as income for CalWORKs because it is Stafford Act disaster benefits.
Administrative Error overpayments are caused when the county has all information in its possession necessary to make a correct grant determination.
For current CalWORKs recipients, collection can be made by grant adjustment, offset of an underpayment with the overpayment, action on a civil judgment, voluntary cash recovery and voluntary cash offset.
For former CalWORKs recipients, the county cannot demand collection of a nonfraudulent overpayment if the balance is less than $250. When the claim is more than $250, collection can be made by action on a civil judgment, voluntary cash recovery and voluntary cash offset. (ACIN I-14-21, February 17, 2021.)
Child care portal
The California Department of Social Services (CDSS) provides information regarding the Stage One child care immediate and continuous eligibility monthly data report and online summary screen. This child care portal contains current individual family data needed to enroll a family in CalWORKs Child Care services or transfer between stages.
Counties are required to share information necessary for the administration of CalWORKs and child care programs with local contractors providing CalWORKs child care services. Counties must provide limited access to the welfare department computer systems to child care contractors, including a single summary page containing individual family data needed to enroll a family in CalWORKs child care or transfer a family between stages. Counties must also provide Stage Two contractors a report monthly of all families for whom CalWORKs has been discontinued, the parent/caretaker relative has not received aid for at least one month, and the parent/caretaker relative has children in the home who are eligible for child care services.
Counties must give child care portal access to Alternative Payment Providers and/or other contractors providing CalWORKs child care services. (ACIN I-20-21, January 29, 2021.)
Suspected Unemployment Insurance fraud and identity theft information
The California Department of Social Services (CDSS) has provided guidance regarding reporting fraud or identity theft when it is suspected that someone else used their information to collect Unemployment Insurance benefits. In cases where applicants or recipients state that Unemployment Insurance claims have been filed using personal identifying information without their knowledge or consent, counties should help households to report suspected Unemployment Insurance fraud and identity theft. CDSS has provided a notice to inform clients of resources for reporting suspected identity theft or benefits fraud
In cases of identity theft, counties cannot require any proof such as a police report or documents from the Employment Development Department. A signed affidavit is acceptable verification for resolving reporting discrepancies. (ACWDL, January 29, 2021.)
Standard ancillary services payment and other WTW changes for students
The California Department of Social Services (CDSS) informs counties of changes to CalWORKs welfare-to-work (WTW) for students, including the new standard payment for ancillary services for students. These changes are effective January 1, 2021 and must be implemented no later than the Fall, 2021 school term.
WTW participants enrolled in a publicly funded postsecondary educational institution and making satisfactory progress must receive an advanced, standard payment for required books and college supplies. The participant must provide proof of enrollment. The standard payment for full time students is $500 per semester and $350 per quarter. The standard payment for part-time students is $250 per semester and $175 per quarter. These payments must be available at least 10 days before the start of the term.
Participants can request reimbursement of actual costs if they provide verification of those costs. Counties must issue payment within 20 days of the request and provision of verification.
Counties can provide these payments as a voucher or other means of payment to a store that carries the books or college supplies required for participation. Counties can only exercise this option if they ensure that vouchers are available to WTW participants no later than 10 days before the start of the term.
Satisfactory progress is determined by the educational institution. Proof of admission is sufficient to show satisfactory progress because schools will not allow enrollment unless the student is making satisfactory progress.
Publicly funded postsecondary educational institution excludes for-profit schools.
WTW participants in publicly funded postsecondary educational institution shall not be required to complete job search or job club as their initial engagement activity. Assessments for WTW participants in publicly funded postsecondary educational institution can only be conducted for the purpose of identifying barriers to participation in education such as domestic violence, substance abuse, mental health or learning disability. WTW participants cannot be disallowed from attending the institution because of a barrier or refusal to attend an assessment. Assessment results cannot be used to limit or restrict the participant’s choice in educational or training goal.
These changes do not make any changes to Self-Initiated Programs.
WTW participants enrolled in a publicly funded postsecondary educational institution shall receive three hours of study time for each academic unit enrolled in for purposes of calculating WTW hourly requirements. If students do not meet the total number of hours required, counties must assist the participant by allowing the participant to submit a proposal for meeting those hours based on the full array of WTW activities available.
Participants who receive an advanced standard payment must sign a Welfare-to-Work Plan Activity Assignment (WTW 2) form. If the participant continues attending the same institution at the same full-time or part-time level and does not require additional supportive services, an updated WTW 2 is not required.
The county must provide the WTW 2 30 days prior to registration for the term. Counties must allow students to change their major or field of study. If the county does not provide the WTW 2 form 30 days prior to the beginning of the term, ancillary services shall continue at the same level until the county receives the updated WTW 2. (ACL 21-04, January 20, 2021.)
Errata:
WTW participants enrolled in a publicly funded postsecondary educational institution and making satisfactory progress are required to complete OCAT as part of WTW enrollment.
Students in publicly funded postsecondary educational institutions include students in adult education/adult schools.
The advance standard payment must be issued regardless of whether the participant has signed a new WTW plan.
A new WTW plan is not required if the participant is continuing their educational activity from one educational session to the next, attending the same institution at the same full-time or part-time level, and does not require additional supportive services. [ACL 21-04E, December 3, 2021.]