Ten percent MAP increase

The California Department of Social Services (CDSS) has issued instructions regarding the ten percent increase in the CalWORKs Maximum Aid Payment.  Effective April 1, 2019, the CalWORKs Maximum Aid Payment will increase by ten percent.  The grant increase applies to all CalWORKs cases, regardless of whether those cases are in Region One or Region Two and whether or not the assistance unit is exempt from Welfare-to-Work.

The grant increase must be programmed into the welfare department computer systems by April 1, 2019.  If the grant increase is not automated, the computer system consortia must give counties instructions for a workaround to ensure CalWORKs recipients receive the grant increase effective April 1, 2019.

CDSS issued a mass mailer notice that must be sent to all CalWORKs recipients no later than February 15, 2019 informing of the grant increase.  Counties must also inform recipients of their new Income Reporting Threshold because of the grant increase.  (ACL 18-124, October 9, 2018.)

Child Support recoupment and CalWORKs overpayments

The California Department of Social Services (CDSS) has issued instructions regarding the interaction between child support recoupment and CalWORKs overpayments.  Any month in which the full amount of CalWORKs paid is reimbursed by collected child support is not counted as a month of receipt of aid for the 48 month time on aid limit.  This not counting of months where the full amount of CalWORKs paid is reimbursed by collected child support occurs whether the child support is collected in that month or is retroactively applied to that month.

Child support recoupment cannot be used to reimburse a CalWORKs overpayment because it is used to adjust time-on-aid.

When a month is a partial overpayment and the client is eligible for a portion of the CalWORKs paid for that month, child support recoupment can only repay the portion of the grant that the client is entitled to.  Time-on-aid for that month cannot be unticked until the county is fully reimbursed for CalWORKs paid for that month.

If the county determines there is an overpayment for a month that was previously reimbursed by child support collection, the county must change the child support collection to apply it to the next month that has not been unticked. (ACL 18-123, October 8, 2018.)

New Administrative Disqualification Hearing notices

The California Department of Social Services (CDSS) has issued new notices for Administrative Disqualification Hearings (ADH).  Counties must investigate cases of alleged Intentional Program Violations and act upon appropriate cases either by referring them for criminal prosecution or referring the case for an ADH.  Cases declined for criminal prosecution are referred to the State Hearing Division for an ADH.

Respondents in ADH cases are informed by written notice that a county has requested an ADH and that they may waive their right to an ADH by returning the ADH waiver form.  The county position statement is an attachment to the ADH notice.

Counties must now use the new versions of the DPA 436B ADH Information Letter, DPA 435 County Allegation of Intentional Program Violation/Statement of Position and DPA 479 Administrative Disqualification waiver form.

If the respondent is no longer receiving aid and the county requests an ADH, the county should provide the best known address for the respondent.  A best practice is to use a third party data source such as Lexis/Nexis or a written request to the Postmaster to find out the respondent’s current address.  (ACL 18-116, September 20, 2018.)

Study time for SIPS

The California Department of Social Services (CDSS) has issued instructions about counting study time for Welfare-to-Work (WTW) participants in a Self-Initiated Program (SIP).  A SIP is an education program that the WTW participant was enrolled in at the time of WTW appraisal and is calculated to lead to employment.

Previously, CDSS’ policy was that unsupervised homework time did not count toward WTW participation for SIPs.  Effective July 1, 2018, homework time can be included as part of a SIP.  Unsupervised homework time for SIPs will be counted in the same manner as for other education programs, which is that countable homework time cannot exceed one hour for each hour of class time.

CDSS also reminds counties that SIP participants are entitled to supportive services like all other WTW participants which includes supportive services for homework time and for distance learning.

SIP participants are subject to the WTW 24 month time limit.  Many SIP participants can meet CalWORKs federal standards through vocational education or concurrent WTW activities.  In that instance, the months do not count toward the 24 month clock.  In addition, satisfactory progress in a SIP can qualify a participant for an extension of the 24 month clock. (ACL 18-115, September 11, 2018.)

Increase in Temporary Homeless Assistance payment amount

The California Department of Social Services (CDSS) has issued instructions implementing AB 1811 increase the temporary homeless assistance payment amount.  Temporary homeless assistance pays for up to 16 days of temporary shelter while a family searches for permanent housing.

Effective January 1, 2019, the daily payment rate for temporary homeless assistance will increase to $85 per day for up to a family of four.  Each additional family member will get $15 per day with a maximum for the family of $145 per day.  This increase also applies to homeless assistance for persons fleeing domestic violence and homeless assistance for CalWORKs family reunification cases.  (ACL 18-106, September 12, 2018.)

CalWORKs underpayments versus supplemental payments

The  California Department of Social Services has issued instructions about CalWORKs underpayments and supplemental payments.

An underpayment occurs when the applicant or recipient receives less than the amount of aid they are entitled to in any given month.  Counties must take all reasonable steps to promptly correct underpayments.  Counties must correct underpayments for current recipients no later than the next annual redetermination or date of termination of benefits, whichever is earlier.  For reapplications and requests for restoration of aid, counties must correct underpayments within 60 days of the date aid is granted.  In all other cases, counties must correct underpayments within 60 days of a request for review.

Underpayments do not occur when the client does not voluntarily report a mid-period change.

Counties can offset overpayments from underpayments.  However, prior to offsetting, the county must properly establish the overpayment and provide a notice of action to the client.

A supplemental payment is issued to a recipient for the current month when the county recalculates the grant for the current month because of a change in circumstances and determines a client is eligible for a larger payment than was issued.  Supplemental payments are not subject to offsetting with overpayments.  Mid-period supplemental payments from a voluntary mid-period report are not underpayments and are not subject to offsetting.

An overpayment is any amount paid that the assistance unit was not entitled to.  An overpayment does not occur when an applicant or recipient fails to perform an act that is a condition of eligibility for aid, the failure to act is caused by state agency or county error and the amount of aid would have been the same if the condition had been performed.

Counties cannot demand repayment of nonfraudlent overpayments that are less than $35 from persons no longer receiving aid.  Counties can demand repayment of nonfraudlent overpayments that are more than $35 from persons no longer receiving aid but no further collection efforts can be made if the county determines that the cost of collection is more than the amount to be recovered.  (ACIN I-45-18, July 19, 2018.)