CalWORKs

IEVS processing deadlines

Posted on by

The California Department of Social Services has issued instructions about processing Income and Eligibility Verification System (IEVS) data matches.  IEVS is a system to verify income and other information for applicants and recipients of both CalWORKs and CalFresh.

County staff must review IEVS information and compare it to information in the case record. If the information is consistent with information provided by the applicant or recipient, no action is taken.  If the information is different from information provided by the applicant or recipient, the county must verify the information from IEVS to determine if it affects eligibility or benefit level.  County staff first requests verification from the recipient.  If the recipient is unable to provide verification, county staff must seek verification from third-party sources (an employer for example).  After the county has received third party verification, county staff determines the effect on eligibility or benefit levels.

Follow-up with the recipient following an IEVS match must happen within 45 calendar days of CDSS transmitting the match to the county.  If there is no discrepancy, the county must make a case note documentating that determination.  For CalFresh only cases, failure to respond to this letter within 10 days can be a basis for terminating benefits.

Counties must either establish an overpayment or overissuance or determine that no discrepancy exists by the end of the quarter following the quarter when the county received the IEVS match.  This timeframe does not apply to closed cases.  A pending investigation by the county Special Investigation Unit cannot delay processing of an IEVS match.  ACL 17-41 (June 6, 2017).

CalWORKs MBSAC increase

Posted on by

Effective July 1, 2017, the CalWORKs Minimum Basic Standard of Adequate Care (MBSAC) increased by 3.84%. The MBSAC is the maximum amount of income an assistance unit can have, after income deductions, and be eligible for CalWORKs. The increase is the cost of living increase required by Welfare and Institutions Code Section 11453. This cost of living increase also increased the Income-In-Kind (IIK) level by 3.84%. The IIK level is the value assigned to free housing, utilities, clothes or food

These increases also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program benefits.  The California Department of Social Services issued a chart showing the new MBSAC and IIK amount.

If computer systems are not updated to implement the new MBSAC level, county must review and correct any applications denied after July 1, 2017 if the only reason for denial was failure to pass applicant financial eligibility because of the MBSAC or aid in kind amounts used.  ACL 17-44 (June 2, 2017).

County Welfare Department Use of Consumer Credit Reports

Posted on by

NOTE — The section of this ACL regarding the Work Number being used in conjunction with, but not in lieu of, existing income and eligibility sources, is superseded by ACL 21-23.

CDSS has instructions to counties about SB 1232 regarding county welfare department use of consumer credit reports.  An example of a consumer credit report is a report from “The Work Number.”  These requirements are mandatory effective January 1, 2017.

Counties cannot obtain consumer credit reports without written authorization of the applicant or recipient.  Consumer credit reports can be used in conjunction with existing fraud detection resources.  Consumer credit reports cannot be used as the only means of verification.  The SAWS 2 Plus, CF 285 and CF 37 have been modified to include authorization for counties to obtain consumer credit reports.

If a county takes adverse action based on information in a consumer credit report, the county must provide an informing notice in addition to the notice of action.  The informing notice must include the name, address and telephone number of the consumer credit reporting agency, a statement that the consumer credit reporting agency did not make the decision, a statement of the right to free disclosure from the consumer credit reporting agency within 60 days and a statement of the right to dispute the accuracy of the information with the consumer credit reporting agency.

Information from a consumer credit report must be made available to an applicant or recipient who requests it from the county welfare department or if an applicant requests a fair hearing to regarding the information in the consumer credit report.  Note that information received from “The Work Number” is not considered verified upon receipt for CalFresh.  ACL 16-118 (December 30, 2016).

Study Time for SIPS, teen participants and summer vacations

Posted on by

In instructions about county data reporting, CDSS has changed its policy about counting homework time for welfare-to-work participants in Self Initiated Programs (SIPs).  A SIP is an education program started by the participant prior to welfare-to-work appraisal.  Previously, CDSS said that SIPs could not count homework time for their welfare-to-work hours.  In these data reporting instructions, CDSS states that SIPs can count homework time in the same way that any homework time is counted for any other education activity, which is actual hours spent doing homework up to one hour of unsupervised homework for each hour of class time.  Unsupervised homework time can be verified by a statement from the education program indicating the amount of homework required for the student’s course of study.  Counties can retain such statements from the education institution and use them for any student enrolled in that course of study.

CDSS also says that in a two parent household when one of the parents is a teen attending secondary school, the other parent must participate enough hours to total 35 average weekly hours.

In addition, CDSS says, for summer vacation, satisfactory progress and participation may count, regardless of the number of hours of participation, if the participant has not completed basic education requirements and is enrolled or intends to enroll as a full-time student after the school vacation.

(ACL 17-08, January 27, 2017.)

Position Statements in CDSS hearings

Posted on by

CDSS has issued instructions implementing AB 2346 about position statements.  Previously, public and private agencies other than the Department of Health Care Services were required to make paper copies of their position statements available to claimants at least two business days prior to the hearing.  AB 2346 extends this requirement to the Department of Health Care Services.  This means that position statements in Medi-Cal cases must now be made available two business days before the hearing.

In addition, position statements can now be provided to the claimant in one of three ways: 1) secure electronic transmission at least two business days before the hearing, with the claimant’s permission, and if the agency can comply with state and federal electronic privacy laws, 2) first class mail with mailing early enough for the claimant to receive the position statement two business days before the hearing, or 3) paper copy available at the appropriate office of the county welfare department two business days before the hearing, with public or private agencies that are not part of the county welfare department mailing a paper copy of the position statement to the county early enough for the county welfare department to make it available at least two business days before the hearing.

If electronic transmission does not apply, the county can choose whether to mail the position statement or make it available at the county welfare department office, but the county should discuss with the claimant how the claimant would prefer to receive the position statement.

If the position statement is not made available to the claimant two business days before the hearing or the agency modifies the position statement after providing it to the claimant, the claimant will have good cause to postpone the hearing.  The claimant must waive the 90 day deadline for a decision to get this postponement.  Because the postponement was caused by the county’s failure to provide the position statement as required, this postponement will be considered the claimant first postponement for purposes of evaluating subsequent postponement requests.

(ACL 17-21, February 16, 2017.)

Questions and Answers about Expanded Subsidized Employment

Posted on by

CDSS has issued questions and answers about Expanded Subsidized Employment (ESE) for CalWORKs recipients.  Highlights of these questions and answers include

  • ESE funds cannot be used for dental services, glasses or tattoo removal, but non-prescription glasses and tattoo removal can be ancillary supportive services.
  • ESE funds cannot be used for the 25% match for federal work study placements, but can be used for CalWORKs work study placements.
  • ESE can be used for workers’ compensation costs and backgrounds checks but not for physicals or uniforms.
  • Counties can place a recipient in a second ESE placement if the first ESE placement does not use all six months of ESE eligibility, but counties must determine on a case-by-case basis if that placement is appropriate.
  • Youth can participate in ESE either as their welfare-to-work participation or as exempt volunteers, but Non-Minor Dependents are not eligible for ESE.

(ACL 17-03, January 25, 2017.)