CalWORKs

Return of CalWORKs 60-month time limit

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Effective May 1, 2022, or when automation is complete, whichever is later, adults will be eligible to receive CalWORKs for a maximum of 60 countable months.  The 60-month time limit replaces the current 48-month time limit.  Months that will count toward the 60-month time limit are: all months of CalWORKs received since January, 1998, all months with a special needs payment received, all months of a zero basic grant, all months of CalWORKs immediate need received, all months of diversion payments received, all months of aid received as aid paid pending, all months of CalWORKs received as an overpayment that exceeded the CalWORKs time limit, all months of TANF received from other states since January 1, 1998, and all months of Tribal TANF received since January, 1998.

Months that do not count toward the time-on-aid limit are: months of TANF received in another state between September, 1996 and December 1997, months in which an adult was exempt from CalWORKs welfare-to-work participation, months in which a full-month of a CalWORKs overpayment is repaid, months for which a retroactive disability exemption was granted, months that have not counted toward the time limit because of COVID-19, months in which the adult was not aided because of a sanction.

Adults who reach the federal TANF time limit but who have not reached the CalWORKs time limit will be aided with state funds.

The change in the time-on-aid limit does not change policies about new applications.  An application may be held beyond the 45 day processing deadline if potential eligibility exists within 60 days.  Counties may pend applications if the applicant may be eligible within 60 days because of the time-on-aid limit.

The change in the time-on-aid limit does not change policies about adding new household members.  Annual reporting/child only households must report people who become eligible because of the increase to 60 months time-on-aid, the change within 10 days and if the individual must be added to the assistance unit, the new individual must occur by the next month.

For semi-annual reporting households, persons who become mandatorily included members because of the increase in time-on-aid to 60 months must be reported and added to the assistance at the beginning of the next semi-annual reporting period.  People who are living in the household but are not mandatorily included in the assistance unit must complete the CW 8 form to be added to the assistance unit.

A mass informing notice of the change to 60 months time-on-aid must be sent to all CalWORKs recipients at least 90 days prior to implementation.

Adult recipients will receive an informing notice of their time on aid at their 54th and 57th months on aid.

Aided CalWORKs recipients who need child care to work or participate in welfare-to-work activities may receive subsidized child care.  Adults who previously used 48 months of time on aid will potentially have renewed eligibility for Stage One or Stage Two child care.

Adding an adult to an existing assistance unit may increase the family’s CalFresh grant, and CalFresh benefits may be recalculated as a county-initiated action.

For Medi-Cal, individuals who were previously aided under the MAGI or non-MAGI may need to transition to a cash-linked Medi-Cal aid code.  (ACL 20-113, October 28, 2020.)

Counting homework time for Cell-Ed

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In ACIN I-55-20, summarized here, the California Department of Social Services (CDSS) described its partnership with Cell-Ed to provide distance learning for Welfare-to-Work, CalFresh Education and Training, and Refugee Support Services.  People assigned to Welfare-to-Work, CalFresh Education and Training, and Refugee Support Services may also be assigned supervised or unsupervised homework time.  Cell-Ed coursework homework time hours are considered supervised homework time and can be documented by the case manager.

Cell-Ed recommends for every hour spent on the application, three additional hours of are credited for homework time.  This recommendation depends on a client demonstrating satisfactory progress as defined by the educational provider.  (All County Welfare Directors Letter, October 19, 2020.)

COVID-19 CalWORKs Welfare-to-Work guidance

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The California Department of Social Services (CDSS) has issued continued guidance regarding the impact of COVID-19 on CalWORKs Welfare-to-Work (WTW).

Counties should exercise discretion regarding optional documentation and verification in order to continue providing WTW services and supports.

Counties can issue temporary blanket good cause for not meeting WTW requirements.  This includes all initial engagement activities, all assessments and evaluations, completion or maintenance of a WTW plan and WTW participation.

Counties are encouraged to serve clients remotely through distance learning activities.  CDSS has partnered with Cell-Ed to provide customizable distance learning options.  (See ACIN I-55-20.)

Sanctioned clients may now have good cause not to participate or who have a cure plan with activities that are no longer available.  For those clients, counties should implement cure plans documenting that the activity that the client failed to do is not available because of COVID-19.  The cure plan can specify an alternative activity such as reviewing orientation materials or conducting job search online.  When assigning another activity is not practical or feasible because of COVID-19, counties may implement cure plans stating the lack of available activities and that the client temporarily has good cause not to participate.

Counties cannot cure all sanctioned participants because of COVID-19. Clients must sign a cure plan.  Counties are encouraged to issue pre-populated sanction sure plans for individuals to sign without solicitation from the client.  Counties should consider telephonic, electronic or mail-in signatures.  For counties that cannot accept electronic or recorded telephonic signatures, counties must enter a case not stating the individual attested to the information provided.

For clients who are in noncompliance but are not yet sanctioned, counties should make all attempts to avoid imposing sanctions by offering other available and appropriate activities, or by applying good cause.

Counties can continue subsidizing wages in the Expanded Subsidized Employment program even when the worksites are closed because of COVID-19.

CalWORKS Work Study subsidies can continue where work hours are reduced, worksites are closed or students are otherwise unable to meet work study obligations because of COVID-19.  For example, the subsidy may continue when students are unable to work because of lack of supportive services, such as when the student’s child care provider is closed because of COVID-19.  The subsidized payment can be made directly to the CalWORKs recipient, or through the employer or third-party payor if they are able to issue subsidized wages to the recipient.  (All County Welfare Directors Letter, September 1, 2020.)

COVID-19 treatment of Lost Wages Assistance and Disaster Unemployment Assistance

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The California Department of Social Services (CDSS) has issued guidance regarding treatment of Lost Wages Assistance (LWA) and Disaster Unemployment Assistance (DUA).  LWA is $300 per week issued to persons who are unemployed or partially unemployed because of COVID-19 and are eligible for at least $100 per week in unemployment insurance.  LWA is being issued pursuant to Presidential Memorandum dated August 8, 2020.

LWA is not considered income for purposes of CalWORKs, Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program (TCVAP).  LWA is exempt because it is assistance issued under the Stafford Act.

Disaster Unemployment Assistance (DUA) is also not counted as income for purposes of CalWORKs, Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program (TCVAP) because it is assistance issued under the Stafford Act.   (ACWDL, September 10, 2020.)

COVID-19 extension of COVID-19 time on aid exemption

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The California Department of Social Services (CDSS) has issued guidance regarding extension of the CalWORKs 48-month time on aid clock because of COVID-19.  In Executive Order N-75-20, Governor Newsome extended the exemption of months receiving CalWORKs counting on the 48-month time on aid clock until July 1, 2020, or when the state of emergency ends, whichever is sooner.  The exemption does not apply if the family will exceed the federal 60-month time on aid limit.

The executive order only extends time on aid for months in which CalWORKs aid are services are received.  Former CalWORKs recipients who were discontinued for meeting the 48 month time on aid limit must be eligible for a time limit extender to be added back to an assistance unit.   (ACWDL, August 31, 2020.)

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.)