CalWORKs

More SB 1041 Questions and Answers

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The California Department of Social Services has issued its seventh set of questions and answers about SB 1041.  Most of the questions and answers involve data gathering.  However, a few of the questions and answers contain important policy guidance.

Question and Answer 3 addresses averaging of welfare-to-work participation hours.  Hourly welfare-to-work participation hours are determined using an average weekly requirement.  However, in some months, this average calculates to more than the minimum required 20, 30 or 35 hours. When that happens, an alternative calculation method must be used.  The alternative methods are the most days averaging method, which is based on the number of weeks in the month that contain four or more days, or the Friday Falls Averaging Method, which is based on the number of weeks in the month that contain a Friday.  The intent of these alternative methods is to prevent sanctions for recipients who are participating their minimum 20, 30 or 35 hours per week.

Several questions and answers address cross-over between California and federal work participation requirements.  California allows certain activities that are federal work participation requirements limit.  In particular, California allows vocational education while federal work participation limits vocational education to 12 months in the participants lifetime, and California requires job search at the beginning of the welfare-to-work process while federal work participation requirements limit the amount of countable job search.  CDSS states that participants are not required to have their federal time and the time on their 24 month clock run concurrently.  The participant can choose whether to first count these activities toward their 24 month clock or towards their federal limit.

CDSS also states that counties are not required to initiate a new review of 24 month extensions when there is an intercounty transfer.  Counties can review the case if the extension is not based on a formal request from the participant, but the new county cannot request verification until it has reviewed documentation from the prior county and determined it is insufficient.  The receiving county cannot deny a 24 month extension based on the county already having met its 20% extension target.

In addition, CDSS states that counties must reevaluate all 24 month extensions every six months even if the participant does not request to continue the extension.  (ACL 17-78, September 1, 2017.)

CalWORKs and financial aid

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The California Department of Social Services has issued a reminder to counties about counting financial aid as income for CalWORKs. Most education grants, scholarships and loans are exempt in their entirety from consideration as income for CalWORKs regardless of how they are used.  Loans and grants that are entirely exempt include loans and grants under Title IV of the Higher Education Act or the Bureau of Indian Affairs student assistance program, grants administered by the federal Department of Education, educational grants based on need, and loans or grants from community college extended opportunity services, the California Student Aid Commission or a college accredited by the Western Association of Schools and Colleges.

Applicants or recipients can choose to pay education expenses from their exempt financial aid.  However, they cannot be required to do so, and supportive services cannot be reduced if a participant chooses not to use financial aid for education expenses otherwise covered by supportive services.  The WTW 8 form is used to documents this choice.

In general, non-federal financial assistance that is based on merit instead of need, including grants from charitable organizations, private scholarships, and non-federally subsidized loans are exempt to the extent the proceeds are used to meet education expenses.  Any portion of non-exempt financial aid that is not used for education expenses counts for CalWORKs.  If the non-exempt financial aid is a recurring payment, it counts as income.  If it is a one-time payment, it is a non-recurring lump sum that counts as a resource in the month after it is received.  Recipients must provide the county with verification of the education expenses for which they used non-exempt financial aid.  (ACIN I-58-17, August 29, 2017.)

Child care immunization requirements

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The California Department of Social Services has issued instructions immunization as a requirement for enrolling in child care.  SB 277 ended the personal belief exemption to mandatory immunization effective January 1, 2016.  This requirement applies to child case as explained in California Department of Education Management Bulletin 16-05.  Children who previously had a personal belief exemption from immunization will need to be immunized prior to entering kindergarten or seventh grade.  The immunization exemption for medical reasons remains.

The immunization requirement does not apply to licensed exempt child care.  If children switch from license exempt child care to licensed child care, the immunization requirement will apply.

SB 277 does not change the CalWORKs immunization requirements.  The CalWORKs requirement only applies to aided children under age six.  The personal belief and other good cause exceptions to immunizations remain for CalWORKs.  (ACL 17-86, August 11, 2017.)

CalWORKs and CalFresh treatment of ABLE accounts

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The California Department of Social Services has issued instructions regarding treatment of ABLE accounts for purposes of CalWORKs and CalFresh.  An ABLE account allows persons with disabilities to save and invest money for disability-related expenses without losing eligibility for certain benefits programs.  ABLE accounts cannot exceed $100,000 and the maximum annual contribution is $14,000.

CalWORKs recipients can reduce their unearned income from Social Security Disability or other disability benefits buy making contributions to an ABLE account.  Money in, contributions to and any distribution up to $100,000 for qualified expenses from an ABLE account does not count toward determining eligibility for any state or local means-tested program, including CalWORKs.

ABLE accounts are excluded as both income and resources for CalFresh.

Counties are strongly encouraged to inform eligible CalWORKs and CalFresh applicants and recipients with disabilities that they can retain an ABLE account so they do not need to spend down their savings to be eligible.  (ACL 17-61, June 27, 2017.)

Changes to Inter-County Transfer process

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The California Department of Social Services has issued instructions implementing changes to the Inter-County Transfer (ICT) process required by SB 1339.  Effective June 1, 2017, CalWORKs and CalFresh recipients can report a move to either their old county or their new county.  CalWORKs recipients must report a change of residence within 10 days of the actual move.  Failure to report a move, by itself, cannot be a basis for an overpayment, overissuance or other negative action.

The county that the recipient informs of the move must initiate the ICT process within seven days.  Benefits must be transferred from the sending county to the receiving county with no redetermination or recertification of eligibility in the receiving county.  The new county cannot interview the recipient, request or require a new application, or request or request any verification.  The new county can interview the client only regarding Welfare-to-Work participation.

The sending county must provide the receiving county copies of documents necessary to verify current benefits and grant amount within seven business days, including the most recent SAR 7, SAWS 2 Plus, SAWS 1 and Welfare-to-Work plan.  Benefits and payment responsibility must be transferred to the receiving county no later than the first day of the next month following 30 days after the county is notified of the move.  If the move is from a Region1 to Region 2 county or visa versa, the receiving county adjusts the grant accordingly.

The county can provide the Child Care Request form (CCP 7) as part of the ICT process, but the recipient must apply for child care in the receiving county.

The receiving county is responsible for determination of homeless assistance eligibility and issuance of homeless assistance benefits.

The process is the same for non-assistance CalFresh cases except that CalFresh recipients are not required to report a mid-period move to a new county.  CalFresh recipients are encouraged to promptly notify the county when they move to another county to ensure continuity of benefits.

The ICT process now applies to Transitional CalFresh cases.  This change will be effective when the computer systems are programmed for it, but no later than September 1, 2017.  (ACL 17-58, June 23, 2017.)

Electronic signatures in CalWORKs and CalFresh programs

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The California Department of Social Services (CDSS) has issued instructions about using electronic signatures in the CalWORKs and CalFresh programs.  Electronic signatures can be used for applications, recertifications and periodic reports.

An electronic signature for CalFresh must have each of the following: 1) the client must take an affirmative action to indicate agreement such as entering a PIN number or a verbal statement, 2) the record of the signature must be maintained electronically and linked to the document to which the signature attests and 3) the process must constitute a legal signature as defined by the California Secretary of State and the Uniform Electronic Signatures Act. (Civil Code Section 1633.1 et. seq.)

Electronic signatures can include handwritten signature input onto an electronic signature pad; handwritten signature, mark or command input on a display screen; digitized image of handwritten signature that is attached to an electronic record; typed name; unique identifier (for example a password or PIN); electronically recorded sound; using a mouse to click a button such as an “I agree” button) or a digital signature.

Counties must maintain the electronic record of the signature linked to the document for a minimum of three years.  For telephone signatures, the county must have technology to catalog and maintain a retrievable audio file recording of both the household’s assent and a summary of what the household is agreeing to.  For other electronic signature options, the county must have technology to catalog and maintain a record of the household member’s affirmative action agreeing to using electronic signatures.

Counties must promptly provide a written copy of information given over the telephone with simple instructions for correcting errors or omissions, establish privacy safeguards and must ensure that the electronic signature option does not interfere with the right to apply in person or in writing.  CDSS recommends that counties consider using a unique identifier as an alternative to telephone signatures.  Counties are not required to transmit the record of electronic signature to the receiving county in an inter-county transfer.

The same instructions apply to CalWORKs except that CalWORKs requires a face-to-face interview for applications unless the county has opted to allow telephone interviews, and all aided adults must sign application, reporting and recertification forms.  The requirements in the Uniform Electronic Signatures Act apply to CalWORKs.  (ACL 17-57, June 9, 2017.)