CalWORKs

COVID-19 immediate and continuous child care for exempt and sanctioned participants

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The California Department of Social Services (CDSS) has provided clarifications about immediate and continuous Stage One child care for exempt volunteers and sanctioned welfare-to-work (WTW) participants.  General information about immediate and continuous Stage One child care is in ACL 19-99, summarized here.

Clients who are exempt from WTW participation who express an intent to participate in WTW as an exempt volunteer are eligible for immediate and continuous Stage One child care.  An exempt individual’s expressed intent to volunteer to participate in WTW is sufficient to establish authorization for immediate and continuous Stage One child care.  This indication can be communicated in any manner (for example in writing, verbally, by phone or in person).

Exempt volunteers will need to sign a WTW plan to maintain child care.  Exempt volunteers will have 30 days to locate child care, and 30 days to sign a plan.  Depending on communication with the client, these 30 day time frames and run concurrently or sequentially.

Exempt volunteers authorized for immediate and continuous Stage One child care who sign a WTW plan will continue to receive child care for 12 months, regardless of their participation status after signing the plan.

Clients who were sanctioned prior to October 1, 2019 or sanctioned clients applying for child care after October 1, 2019 must be authorized to receive immediate and continuous child care upon expressing an intent to cure the sanction to the county.  The indication of intent to cure the sanction is sufficient to establish authorization for immediate and continuous Stage One child care.  This indication can be communicated in any manner (for example in writing, verbally, by phone or in person).

Sanctioned individuals shall not be required to sign a cure plan prior to receiving immediate and continuous Stage One child care.   Exempt volunteers will have 30 days to locate child care, and 30 days to sign a cure plan.  Depending on communication with the client, these 30 day time frames and run concurrently or sequentially.  For individuals who do not sign a cure plan, child care will be discontinued until the sanction client again indicates an intent to cure the sanction.  Sanctioned clients who sign a cure plan will be authorized for immediate and continuous Stage One child care without discontinuance regardless of their participation status after signing the plan. (ACIN I-15-20, May 6, 2020.)

COVID-19 new unemployment programs as income for CalWORKs

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The California Department of Social Services (CDSS) has issued guidance regarding counting Pandemic Unemployment Compensation (PUC), Pandemic Emergency Unemployment Compensation (PEUC) and Pandemic Unemployment Assistance (PUA) as income for CalWORKs.

PUC is an extra $600 per week of regular unemployment insurance through July 31, 2020.  Pursuant to Executive Order N-59-20, PUC is exempt as income for CalWORKs recipients.  However, PUC counts as income for CalWORKs applicants.

PEUC is an additional 13 weeks of unemployment insurance for people who have exhausted regular unemployment insurance through December 31, 2020.  PUA is unemployment payments for persons not otherwise eligible for regular unemployment insurance including self-employed persons and independent contractors who are unemployed as a result of COVID-19.  PEUC and PUA are not exempt for purposes of CalWORKs and they count as unearned income.

This guidance also applies to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance program.  (ACWDL, May 5, 2020.)

COVID-19 CalWORKs diversion

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The California Department of Social Services (CDSS) has issued guidance implementing Executive Order N-59-20 regarding CalWORKs diversion.  This guidance expires on June 30, 2020.

Diversion is a cash or non-cash payment or service to resolve the need to apply for CalWORKs. The requirement for apparent eligibility for CalWORKs is waived if the applicant’s gross income is under 200% of the federal poverty level.  The applicant must be otherwise apparently eligible for CalWORKs.  There is no asset test for this expanded diversion.  This expansion of diversion is for a need related to COVID-19.  The maximum diversion payment is $5,000.  (ACWDL, May 4, 2020.)

COVID-19 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-59-20.  This guidance expires on June 30, 2020.

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, May 4, 2020.)

COVID-19 overpayment and overissuance collection

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The California Department of Social Services (CDSS) has issued guidance regarding temporary changes to Franchise Tax Board (FTB) and Treasury Offset Program (TOP) collection of CalWORKs overpayments and CalFresh overissuances.

On March 25, 2020, FTB suspended all non-tax collection, including CalWORKS and CalFresh debts, until July 15, 2020 because of COVID-19.  FTB pre-offset letters will be suspended.

California was granted permission by the Food and Nutrition service to suspend TOP offsets for CalFresh debt between April 6, 2020 and July 6, 2020. TOP pre-offset letters will continue to be generated for debts that are 120 days delinquent.

Counties may approve refund requests for circumstances related to COVID-19 for TOP and FTB collections that occurred on or after March 1.  This is discretionary with the county.  These debts will remain outstanding to be collected starting in July, 2020.  Any refunds must also include administrative fees.

Counties may continue to accept payments and enter into new repayment agreements.  Counties can modify agreements or defer payments on request to mitigate the effects of COVID-19.

All other collection activities should continue.  (ACWDL, April 16, 2020.)

COVID-19 treatment of individual stimulus for CalWORKs and CalFresh

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The California Department of Social Services (CDSS) has issued guidance about how the individual stimulus payment is to be treated for purposes of CalWORKs, CalFresh and TCVAP.

Individual stimulus payments are excluded from being considered income in the month received and will not be considered as asset for 12 month following receipt.  (ACWDL, April 15, 2020.)