CalWORKs

CalWORKs, CalFresh, RCA/ECA and TCVAP guidance regarding California wildfires

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The California Department of Social Services (CDSS) has issued guidance flexibility for counties serving communities affected by wildfires.

If a county office closes during regular business hours, they must make it possible for people to apply for and receive CalWORKs, CalFresh, Refugee Cash Assistance/Entrant Cash Assistance (RCA/ECA) and Trafficking and Crime Victims Assistance Program (TCVAP) including emergency benefits, within timeframes required by state and federal law.  Counties must also provide notice of their hours of operation, and the procedures for applying for and receiving benefits when the office is closed.

For CalWORKs, for evacuees who apply for CalWORKs, if the applicant and the county make a good faith effort to obtain verification and are unable to do so, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.  If a social security number is unavailable, the individual must apply to the Social Security Administration for a new card and provide verification the completed application.  If the applicant has attempted in good faith to get verification but cannot, the county must temporary accept the evacuee’s statement under penalty of perjury.

When an individual or family displaced by fires applies for CalWORKs, counties must establish that the evacuee was living in a county designated as a federal disaster and/or state-declared emergency zone and ask if the evacuee or anyone else in their family is receiving CalWORKs from that county or another disaster county.

Counties are encouraged to offer CalWORKs diversion to evacuees to address their specific crisis or item of need.

Disaster assistance from federal, state or local government or disaster assistance organizations is excluded from consideration as income for CalWORKs.

For new applicants, evacuees should be informed pf the option to apply for temporary and permanent homeless assistance.  Applicant families are entitled to an exception to the one-every-twelve months limit because of a disaster.  When homelessness is the result of a state or federally declared disaster, the county may issue all 16 days of temporary homeless assistance in one lump sum payment.  If homelessness is caused by a disaster, the family is entitled to 16 days o disaster homeless assistance and then 16 days of regular homeless assistance.  Counties are also encouraged to refer clients to the Housing Support Program when a family is approved for CalWORKs.

Evacuee families should be evaluated for CalWORKs immediate need.  In determining eligibility for immediate need, liquid resources only include items that are immediately available.  Many evacuees may not be able to convert resources to cash prior to or after evacuation.

In counting income, some evacuees will no longer have income that is reasonably anticipated because of the disaster.

In counting property, only real and personal property that is actually available is considered for CalWORKs eligibility.  Many evacuees will not be able to access, occupy or sell their property at the time of application because of the disaster.  The county must consider the applicant’s ability and circumstances in meeting property provisions.

For families temporarily separated because of the disaster, a family member is considered temporary absent if they expect to reunite within one full calendar month.  CalWORKs recipients can maintain a home in a different county than the county they are physically residing in if they intend to return to that home within four months.

Counties should make a good cause determination for welfare-to-work nonparticipation in welfare-to-work activities.  Counties should also determine if an applicant needs barrier removal services such as mental health services or housing stabilization program services and provide these services as expeditiously as possible.

Current RCA/ECA and TCVAP recipients are eligible for the same waivers of existing rules as CalWORKs recipients.

Note that applicants for RCA/ECA and TCVAP are not required to provide Social Security Numbers.

RCA/ECA and TCVAP applicants impacted by the fires should be evaluated for an expedited emergency payment.

For CalFresh, counties statewide must serve displaced households under regular eligibility rules, including expedited service, regardless of whether the household is a permanent resident of the county of application.  When verification of residency is impossible, the county must accept self-certification.  Counties cannot impose a length of residency.  If the displaced household cannot provide necessary verification, self-certification or an affidavit can be used in place of the requested verification.

For recipients, food lost due to household misfortune, including fire, flood or loss of electricity, can be replaced.  CalFresh household must report the loss to the county within 10 days of the loss unless the county has been approved for an extension of timely reporting rules.  (ACWDL, September 1, 2020.)

COVID-19 extension of tax intercept suspension

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The California Department of Social Services (CDSS) has extended suspension of state tax intercepts for collection of CalWORKs overpayments and CalFresh overissuances until the end of 2020.

The Food and Nutrition Service extended suspension of submission of CalFresh debts to the Treasury Offset Program for federal tax intercept of CalFresh overpayments until August 6, 2020.  California can ask for another 30-day extension.

Refund requests for federal or state tax intercepts that occurred after March 1, 2020 are not mandatory but may be approved on a case-by-case basis following a request from any individual in the former CalWORKs or CalFresh household who has been impacted by COVID-19.  Any refunded debts will remain outstanding and will be collected when CDSS resumes tax intercepts.  (ACWDL, July 30, 2020.)

COVID-19 Homeless Assistance issuance

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The California Department of Social Services (CDSS) reminds counties that despite any changes to county operations because of COVID-19, families must be able to apply for Homeless Assistance benefits during normal business hours.  Payment for temporary Homeless Assistance must be approved and issued, or denied, within the same day that the family applies.  For permanent Homeless Assistance, the county must issue or deny payment within one business day of receiving all required information.

Families can receive the 16 days permanent Homeless Assistance in one lump sum if homelessness is because of a state or federally declared natural disaster.  Counties can accept sworn statements as verification that Homeless Assistance funds were properly spent, or counties can grant good cause for not providing paper verification.  Homeless Assistance applications are not required to be made in person or include a face-to-face interview.  Counties can complete the application on behalf of the family and electronic signatures are allowed.

Until the end of the COVID-19 State of Emergency or Executive Order N-71-20 is rescinded, whichever is earlier, the county can accept verbal attestation if the county cannot accept, or the applicant cannot provide, and a physical or electronic signature.

Homeless Assistance payments must be issued to clients in the manner the client requests.  The family can ask that payments go directly to the family or to providers of temporary housing, permanent housing or utilities.  In the event of funds mismanagement, clients are still entitled to their Homeless Assistance benefits.  Counties should consider issuing benefits on an EBT card if it is not possible to issue a vendor payment within the required timeframes if there is a mismanagement issue.

Families without mailing addresses who list the county office as their mailing address for their benefits must have timely access to their mail despite office closures or reduced hours.  All clients, including those without residential mailing addresses, must get their Homeless Assistance withing the legal timeframes.  (ACIN I-57-20, July 28, 2020.)

COVID-19 CalWORKs Welfare-to-Work good cause and sanction cure

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The California Department of Social Services (CDSS) encourages counties to reach out to sanctioned to sanctioned individuals to determine if sanctions can be cured with alternative activities or with good cause and to use flexibilities in ACWDL, March 30, 2020, summarized here, and extended in ACWDL, June 29, 2020, summarized here.  When doing this outreach, counties can ask whether an individual should be exempt from Welfare-to-Work.  Sanctioned individuals who are exempt will have aid restored without the need for a cure plan.

For sanctioned clients who now have good cause because of COVID-19, or whose cure plan contains activities that are no longer available or appropriate, counties should implement cure plans stating that the activity the client failed to perform is not available because of COVID-19.  The cure plan can specify an alternative activity.  When another activity is not practical because of COVID-19, counties may implement cure plans reflecting the lack of appropriate activities and stating the client temporary has good cause not to participate.

Until August 31, 2020, counties can implement temporary, blanket good cause to suspend Welfare-to-Work requirements.

For individuals in the noncompliance process, counties should make all attempts to avoid sanctions by offering other available and appropriate (online or alternative) activities.  Counties can grant good cause on a case-by-case basis or in accordance with a blanket good cause policy.

Until August 31, 2020, counties may use phone interviews, mail-in plans, digital signatures and all electronic means available.  If the county cannot accept telephonic or electronic signatures, individuals may verbally attest to the information the cure plan prior to providing a wet signature.

If necessary supportive services are not available, the individual has good cause for not participating in Welfare-to-Work.  Counties should consider that many schools and daycares are closed because of COVID-19 when determining good cause and curing an individual’s sanction.  (ACIN I-59-20, July 24, 2020.)

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

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The California Department of Social Services (CDSS) has issued guidance implementing Executive Order N-71-20 which extends flexibility regarding pregnancy verification, identity verification, interview and signature requirements until the end of the State of Emergency or the governor modifies or rescinds Executive Order N-71-20, whichever is sooner.

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.

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 to use electronic verification when available.  When verification does not exist a sworn statement is adequate except for verification of citizenship.  If required verification exists, it must be submitted to waive the interview requirement.  However, counties cannot deny applications for failure to provide evidence if the county determines that the applicant is making a good faith effort to obtain the evidence.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crimes Victims Assistance Program.  (ACWDL, July 16, 2020.)

Distance learning via Cell-Ed for CalWORKs and CalFresh

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The California Department of Social Services (CDSS) has information about Cell-Ed, a distance learning program that CDSS has partnered with.  This partnership provides counties free access to Cell-Ed through June, 2021.

Cell-Ed and other distance learning activities can count towards CalWORKs Welfare-to-Work participation in various categories.  Cell-Ed also counts as a core activity (not counting toward the 24-month time clock) a vocational education, job search and job readiness.

Counties can track participation on Cell-Ed.  Counties should not ask for additional verification of Cell-Ed participation.

Cell-Ed is an allowable CalFresh Employment and Training (E &T) activity.

CalWORKs participants are entitled to supportive services for Cell-Ed courses, including child care and ancillary expenses.  CalFresh E & T participants are also entitled to supportive services for Cell-Ed.  For both CalWORKs and CalFresh E & T, covered ancillary expenses can include a mobile phone or a phone and internet service to connect to Cell-Ed.  (ACIN I-55-20, July 1, 2020.)