COVID-19 Extension of CalWORKs time on aid exemption

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

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

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

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

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

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.)