CalWORKs

Child Support pass through in former assistance cases

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Effective May 1, 2024, all child support collections in cases where the family previously received CalWORKs benefts, including collections assigned to arrears owed to the government for recoupment of CalWORKs benefits, will be paid to the family receiving child support.  This change is not retroactive.  Collections in former assistance cases made before May 1, 2024 can still be retained by the government agency to recoup CalWORKs benefits paid to the family.

Effective May 1, 2024, child support collections that are passed through in cases where the family previously received CalWORKs, will count towards reimbursing the government agency for CalWORKs previously received by the family.  Any child support collected that exceeds the amount of CalWORKs received by the family will be passed through to the family.

Any pass through payments that cannot be delivered to the former aid recipient within six months will be retained by the government agency to recoup CalWORKs that was paid.  The former recipient has 12 months after the payment is used for CalWORKs recoupment to make a claim for that payment.  If the former aid recipient is deceased, collected child support will be used to recoup CalWORKs that was previously paid. (CSSI Letter 24-04, May 1, 2024.)

Changes to CalWORKs recipient financial eligibility test

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The California Department of Social Services (CDSS) has issued guidance regarding continuing financial eligibility for CalWORKs recipients.  When a family receiving CalWORKs has an income increase that takes over 130% of the Federal Poverty Level (the Income Reporting Threshold or IRT), they must report that to the county.  This is a report that must be made mid-period when it happens, this is between required semi-annual reports.

Counties must now determine continuing eligibility after an income report of income report determining: 1) whether the income is over the IRT; 2) if it is over the IRT, is it reasonable anticipated to continue; 3) if it is does the income reported, minus any of that income which is exempt from consideration for CalWORKs purposes, is more than the IRT.  If it is, the CalWORKs grant will be recalculated accordingly.  The critical change is subtracting any exempt income before redetermining eligibility and benefit amount.

Families must continue to report when their total gross and unearned income exceeds the IRT, but continuing financial eligibility will be determined after determining if the income is reasonably anticipated to continue, and whether it exceeds the IRT after subtracting exempt income.

This change also applies to Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victim Assistance Program benefits.  (ACL 23-96, December 26, 2023.)

New policy for in person PIN changes on EBT cards

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The California Department of Social Services (CDSS) has a new policy about in person requests for changes to the PIN number on Electronic Benefits Transfer (EBT) cards. This policy change is because of an increase in in person fraudulent requests to change PIN numbers.

In person PIN changes at a county outside of cardholders residence will no longer be allowed.  Counties must tell people that they can change their PIN number by calling the Automated Response Unit number on the back of the card, or by using the ebtEDGE app or online portal.

If there is a pending intercounty transfer, the county must issue a new card.  If benefits remain on the old card from the previous county, the new county must change the PIN number.

For in person PIN change requests in the county of benefit issuance, counties must verify the identity of the person asking to change the PIN.  The identity information and the physical EBT card must match the case information in CalSAWS before the PIN is changed.  The county must also check the PIN change receipt to make sure the last four digits of the card number on the receipt match the physical card number.

Only the cardholder can change the PIN on their own EBT card.

To verify identity, the county must first use a photo ID.  If the individual does not present a photo ID, the county must verify two points of personal identifying information from the case:  name of any other persons on the case and their relationship on the case, date of birth, last four digits of Social Security Number, or address on the case.  (ACL 24-25, April 10, 2024.)

Prepopulated SAR 7

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The California Department of Social Services (CDSS) has developed a new SAR 7 semi-annual report form.  Effective the date automation is complete, counties must provide the new SAR 7 form prepopulated to recipients of CalWORKs, CalFresh, California Food Assistance Program, Refugee Cash Assistance, Trafficking and Crime Victims Assistance Program, and Entrant Cash Assistance.

CDSS also has a blank version of the new SAR 7 form to be made available in welfare department lobbies and online for on demand access.  For cash aid recipients, counties must also provide the new Domestic Abuse Addendum.

Most households are required to submit a report six months after benefits are granted, and six months after completing annual recertification.  Elderly and disabled households that do not have earned income are not required to submit semi-annual reports.

Counties must continue to provide the SAR forms to the household by mail, email or in person by so that it is received by the 5th day of the month it is due.

For CalFresh households, changes in immigration status, student status, fleeing felon status or a violation of probation or parole, are not required to be reported on the semi-annual report and the new SAR 7 does not ask those questions.

For CalWORKs and other cash aid, effective the date the prepopulated SAR 7 is automated, property and/or resources will no longer be evaluated semi-annually.  Property and resources will only be evaluated at application and annual redetermination.

The new SAR 7 form includes questions about exemptions from the Able-Bodies Adults Without Dependents (ABAWD rules because federal rules require that screening (and it will be needed if the ABAWD rules become effective again in California at some point in the future).

The new SAR 7DA allows households to disclose any history of domestic abuse in order to receive services or assistance.  Information about domestic abuse cannot be released to any outside party, agency, or county employee who is not directly involved in the case unless the information is required to be disclosed to law enforcement or the recipient gives written authorization.  When an individual completes the SAR 7DA, the county must privately contact them to provide information, resources or needed accommodations.

The SAR 7DA can only be released as part of an intercounty transfer if the recipient has signed a WTW 37 release form.

The disability question on the SAR 7/SAR 7B allows disclosure of a disability or a request for assistance because of a disability.  When households report having a disability or state that they need assistance because of a disability, counties must contact the household to assist and provide information, resources or needed accommodations.

When a household checks the “I am homeless” box, counties are strongly encouraged to screen households for homeless assistance or other available services, and to identify eligibility for an ABAWD exemption when necessary.  (ACL 24-06, February 2, 2024.)

Revised CalWORKs Welfare-to-Work exemption and time on aid forms

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The California Department of Social Services (CDSS) has issued revised CW 2186A, CalWORKs Exemption Request, and CW 2184, CalWORKs 60-Month Time limit forms.

Effective January 1, 2022, all pregnant CalWORKs recipients are exempt from Welfare-to-Work.  Effective October 1, 2024, or when automation is complete, whichever is later, the CalWORKs time on aid will stop for recipients who also receive Paid Family Leave benefits from the Employment Development Department.

CDSS has issued revised CW 2186A and CW 2184 forms that include these new exemptions.  Counties must begin using these new forms when the Paid Family Leave exemption goes into effect. (ACL 24-07, January 26, 2024.)

CalWORKs Domestic Abuse policies

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The California Department of Social Services has updated its guidance and provided policy reminders regarding the support of domestic abuse survivors through the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Before the implementation of AB 2277, the County Welfare Department (CWD) had the option to waive certain program requirements for a recipient who was identified as a past or present survivor of abuse if the CWD determined good cause existed. AB 2277 has changed this option to make it a requirement for the CWD to waive program requirements for recipients identified as past or present survivors of abuse. However, certain eligibility requirements cannot be waived including deprivation, assets, income, and homeless assistance (HA) except as detailed below.

Counties must provide informing materials about domestic abuse at application, the beginning of welfare-to-work services, and recertification.

County staff are required to recognize indicators of abuse to the best of their ability. Staff interacting with survivors must make every effort not to reinforce trauma by being aware of triggers that cause reactions to trauma. Using a trauma-informed lens, staff must make efforts to ensure that the program and waiver process are accessible and built around the client’s needs.

Counties can give good cause waivers if they determine there is a condition or circumstance that impairs or prevents the recipient’s ability to participate in Welfare-to-Work (WTW) activities. Program requirements that the county can waive include, but are not limited to: time limit on aid, paternity establishment, child support cooperation, and proof of age-appropriate immunizations for children under the age of six Sworn statements by survivors of abuse are enough to verify abuse. County staff must not require identifying details of abuse or the abuser. Adults who receive Supplemental Social Security Income (SSI), non-needy caregiver relatives, and ineligible non-citizens cannot be given good cause waivers. Counties may not condition these waivers upon participation in specific activities, including attending counseling.

Domestic abuse waivers stop the CalWORKs time on aid clock. Domestic abuse survivors can have their time on aid clock extended and be added to the Assistance Unit when they meet good cause criteria.

Counties must have written policies for re-evaluating good cause waivers and the granting of good cause waivers retroactively. These waivers must be reviewed every three months to ensure the survivor’s needs are met.  Waivers must continue to be granted if the effects of abuse are impacting the family. Counties must also establish criteria for granting good cause waivers retroactively. These waivers can be given for more than three months when the failure to grant the waiver was due to errors by the CWD. These criteria must be provided in the county’s domestic abuse policies and procedures.

Survivors are also eligible for programs including permanent or temporary CalWORKs Homeless Assistance (HA) to the maximum allowable amount and can be granted exceptions of up to an additional 48 days of temporary HA. Survivors may also be eligible for CalFresh benefits and receive expedited services and an additional month of benefit allotment as a separate household.

Non-citizen survivors certified by the Office of Trafficking in Persons (OTIP) who are eligible are entitled to the same benefits as those admitted to the United States as refugees. Non-citizens who are not eligible for CalWORKS may be eligible for state-funded benefits and services through the Trafficking and Crime Victims Assistance Program (TCVAP). Certain non-citizen survivors who are certified by OTIP may be eligible to receive Refugee Cash Assistance (RCA) or Entrant Cash Assistance (ECA).  (ACL 23-109, December 29, 2023.)