CalWORKs

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.)

Implementation of EBT online purchasing

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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

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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.)