COVID-19 overpayment and overissuance collection

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

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.)

Implementation of EBT online purchasing

The California Department of Social Services (CDSS) informs counties that Electronic Benefits Transfer online purchasing will be available on April 28, 2020.  EBT online purchasing will initially be available at Amazon and Walmart.

Both Amazon and Walmart accept EBT for food purchases using CalFresh benefits. Walmart also accepts EBT purchases of non-food items using CalWORKs benefits.  Federal law prohibits using CalFresh benefits to pay delivery charges or other fees for online purchases.  Walmart accepts CalWORKs benefits via EBT to pay for delivery fees. Amazon offers Amazon cash to deposit money to pay for delivery fees or other purchases.

Counties should refer clients to the retailer’s website or the customer service number on the back of the EBT card for assistance with online purchasing.  (ACWDL, April 14, 2020.)

Semi-Annual reporting and adding both a newborn and second parent

The California Department of Social Services (CDSS) has issued a clarification to mid-period reporting rules for adding a newborn and second parent to an existing pregnant person only CalWORKs case.  The newborn and the second parent are treated separately.  Different analysis may be needed to determine how each would affect the CalWORKs grant for the existing Assistance Unit (AU).  The second parent and the newborn may be added to the pregnant person only case separately to maximize aid.

In general, when the AU voluntarily reports a new person in the home mid-period, that person is added to the AU mid-period if benefits would increase, but is not added to the AU until the first day of the next Semi-Annual Reporting period if benefits will decrease.  This rule applies to both newborns and second parents.

When the newborn reported and the second parent moves into the home, the county first evaluates whether adding the newborn will increase aid, and if so adds the newborn to the AU.  The county then evaluates whether adding the second parent will increase aid, aid if so adds the the second parent to the AU.  If either addition to the AU would cause a decrease in aid, the addition does not occur until the first day of the AU’s next semi-annual reporting period.

When the second parent is living in the home at the time the pregnant person applies for aid, the application includes the second parent but the second parent is an excluded member of the AU until the child is born.  The second parent’s income is considered in determining financial eligibility, and the second parent is subject the requirement to report increases in income that are more than the income reporting threshold.  However, even when the second parent was living in the home at the time the pregnant person applied for aid, the county determines whether adding the newborn increases or decreases aid and acts accordingly.  The county then separately determines whether adding the second parent to the AU will increase or decrease aid and acts accordingly.  (ACIN I-16-20, February 24, 2020.)

COVID-19 and CalWORKs Home Visiting Program

The California Department of Social Services (CDSS) has issued guidance regarding COVID-19 and the CalWORKs Home Visiting Program (HVP).

CDSS is temporarily allowing home visitors to provide services remotely if possible.  When possible, home visits can be done using a telehealth platform that is HIPPA compliant.  To the extent allowable under each model of home visiting, other communications platforms can be used.

Each home visiting model has specific guidelines regarding virtual contact with clients that are outlined.  (ACWDL, April 7, 2020.)

Changes to CalWORKs Home Visiting Program

The California Department of Social Services (CDSS) informs counties of changes to the CalWORKs Home Visiting Program (HVP) because of passage of SB 80.  HVP provides home visits to families with children under 24 months and pregnant persons to support positive health, development and well-being outcomes.

Counties may now serve families that are not first time parents.  Any family with a child under age 24 months can now be provided HVP.  Pregnant persons who have applied for CalWORKs within 60 days of reaching the second trimester of pregnancy and would be eligible for CalWORKs except for not having reached the second trimester of pregnancy also now can receive HVP.   Individuals who have applied for and are apparently eligible for CalWORKs can now receive HVP.

Counties now have the option to incorporate participation of the non-custodial parent into HVP upon agreement by both the custodial and non-custodial parents.  Counties must ensure privacy of case information between the parents is protected.

A CalWORKs applicant who started receiving HVP and then withdrew their application can continue receiving HVP if no other home visiting program is available.

Counties are no longer required to serve the eligible population before serving additional individuals.

Individuals in the Cal-Learn program are eligible for HVP.  (ACL 20-23, February 10, 2020.)