CalWORKs

COVID-19 processing IEVS matches

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The California Department of Social Services (CDSS) has issued guidance regarding processing IEVS matches because of COVID-19.  Processing of Recipient-IEVS matches for March, April, and May, 2020 are suspended.  Counties must not process Recipient-IEVS matches received during March, April, and May, 2020.  Counties have been granted an extension of the IEVS follow-up timeframes.

However, processing continues of matches from the Payment Verification System, which includes information on CalWORKs and CalFresh recipients who receive or are entitled to Social Security, Unemployment Insurance and State Disability Insurance benefits.

Pandemic Unemployment Compensation, Pandemic Unemployment Assistance and Pandemic Emergency Unemployment Compensation all count as income for CalFresh.  Pandemic Unemployment Assistance and Pandemic Emergency Unemployment Compensation count as income for CalWORKs.  Pandemic Unemployment Compensation does not count as income for CalWORKs but counts as income for CalWORKs applicants.

CDSS is working with the Employment Development Department to develop an electronic match for Pandemic Unemployment Compensation, Pandemic Unemployment Assistance and Pandemic Emergency Unemployment Compensation.

For CalFresh, if a recipient responds to a notice of adverse action with by stating they receive Pandemic Unemployment Compensation, Pandemic Unemployment Assistance and Pandemic Emergency Unemployment Compensation, the county must verify receipt of those benefits and take appropriate action.

For CalWORKs, any Unemployment Insurance benefits with be added to other earned income and exceed the Income Reporting Threshold to be considered a missed mandatory report.  If the county discovers the recipient may have missed such a report, the county must send the recipient a verification letter to request verification of Unemployment Insurance, Pandemic Unemployment Assistance, or Pandemic Emergency Unemployment Compensation.

Beginning June 1, 2020, all IEVS matches will continue except for the Annual IRS Match, which will not resume until 2021.

Cases of suspected fraud must still be referred to Special Investigative Units (SIU) regardless of any temporary waiver periods or restrictions because of COVID-19.  SIUs can continue to conduct face-to-face interviews.   No application or benefits should be delayed, denied or interrupted without sufficient evidence to take case action.  (ACWDL, June 5, 2020.)

MBSAC increase

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The California Department of Social Services (CDSS) has informed counties that the CalWORKs Minimum Basic Standard of Care (MBSAC) will increase by 3.72% effective July 1, 2020.  This will increase the MBSAC in Region 1 to $741 for a 1 one person assistance unit, $1,216 for a 2 person assistance unit, $1,507 for a 3 person assistance unit and increasing with increases in assistance unit size.  The MBSAC for Region 2 will increase to $703 for a 1 one person assistance unit, $1,155 for a 2 person assistance unit, $1,430 for a 3 person assistance unit and increasing with increases in assistance unit size.

The same increase will apply to the MBSAC for Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program.  The same increase will apply to the CalWORKs Income in-kind level.  (ACL 20-60, May 29, 2020.)

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.)