Criminal welfare fraud prosecution timeframe

The California Department of Social Services (CDSS) has issued instructions implementing SB 360 regarding criminal prosecution for welfare fraud based on a match from the Income and Eligibility and Verification (IEVS) system.

Counties must review and compare information from IEVS with the case record to determine any differences that affect eligibility or benefit levels.  If there are differences that would affect eligibility or benefit level, the county must mail the client a verification letter within 45 days of receiving the IEVS data.  In addition, counties must establish an overpayment or overissuance by the end of the quarter following the quarter in which the county received the IEVS data.

The client can no longer be subject to criminal prosecution for any month following the 45th day of the county’s receipt of the IEVS data if the county does not provide the client a verification letter within 45 days of receiving the data or the county does not establish the overpayment or overissuance by the end of the quarter following the quarter in which the county received the IEVS data.  (ACL 18-22, March 27, 2018.)

CalWORKs Immediate Need overpayments

The California Department of Social Services (CDSS) has issued instructions about overpayments of CalWORKs immediate need benefits.

Applicants are eligible for CalWORKs immediate need if they are apparently eligible for CalWORKs and have an emergency situation.  With limited exceptions, information does not need to be verified for immediate need eligibility.

An immediate need payment is only an overpayment if the applicant was not apparently eligible for CalWORKs when the immediate need payment was issued.  A finding by the county that the assistance unit is not eligible for CalWORKs after full evaluation of the case does not, by itself, mean that immediate need is an overpayment.

A change in circumstances between issuance of immediate need and full evaluation of the application does not make the immediate need payment an overpayment unless the applicant was not apparently eligible for CalWORKs when the immediate need payment was issued based on the circumstances at the time the immediate need payment was issued.  (ACL 18-26, June 6, 2018.)

Homeless Assistance for family reunification

The California Department of Social Services (CDSS) has issued instructions implementing AB 236 regarding homeless assistance for family reunification cases.

CalWORKs families receiving family reunification services are now eligible for 16 days of temporary homeless assistance while searching for permanent housing.  CalWORKs families receiving family reunification services are eligible if they are homeless and have no more than $100 in liquid resources.  Counties should offer additional services to assist with housing including Family Stabilization, Housing Support Program and Bringing Families Home program.  (ACL 18-71, June 25, 2018.)

Domestic Violence expansion of homeless assistance

The California Department of Social Services (CDSS) has issued instructions implementing AB 557 regarding the expansion of homeless assistance for persons escaping domestic abuse.

CalWORKs applicants who provide a sworn statement of past or present domestic abuse and are fleeing the abuser are eligible for up to 32 days of temporary homeless assistance benefits if found to be apparently eligible for CalWORKs regardless of the abuser’s income or assets.  This benefit is available even if the applicant has not spent a night homeless.  This benefit is available even if the applicant has a joint bank account that they claim belongs to the abuser.

Any income or assets the applicant has on hand will be evaluated toward the $100 limit for homeless assistance eligibility.  There is no requirement that the applicant verify homelessness beyond the sworn statement that they are fleeing domestic abuse.

CalWORKs applicants fleeing domestic abuse shall receive a lump sum equal to 16 days of temporary homeless assistance benefits on the date of application.  Applicants will received a lump sum for an additional 16 days of homeless assistance if they remain homeless and their CalWORKs application has not yet been granted.  Payments can be made to the applicant or to the temporary shelter at the applicant’s choice.  If the applicant does not provide verification that the funds were spent on shelter, the second 16 days can be issued by voucher.

Persons fleeing domestic violence are not required to provide proof of their search for housing unless they have also been granted immediate need or are issued their first month of CalWORKs benefits and therefore have been issued regular homeless assistance.  In such cases, counties are strongly encouraged to grant good cause from complying with the housing search verification requirement.

The homeless assistance benefit for persons fleeing domestic violence is available once in a lifetime.  (ACL 18-78, June 29, 2018.)

EBT surcharge free ATM network

During the weekend of June 23 and 24, 2018, the vender for CalWORKs and CalFresh EBT changed to Fidelity Information Systems (FIS).  As a result of this change, the network of surcharge-free ATMs also changed.  The new network will be effective starting June 25, 2018.

The new surcharge-free ATM includes every Bank of America ATM in California, ATMs at Citibank, Comerica Bank, Rabobank, U.S. Bank and several smaller financial institutions.  CDSS states the new network will be about 7,400 surcharge-free ATM, which is an increase of about 2,200 surcharge-free ATMs.

Effective June 25, 2018, MoneyPass ATMs will no longer be part of the surcharge-free ATM network.  However, CDSS will hold clients harmless from surcharges at MoneyPass ATMs until September 30, 2018.  CDSS will be sending a mailer to all clients explaining the changes to the surcharge-free ATM network.  (ACIN I-39-18, June 22, 2018.)

The end of finger imaging

The California Department of Social Services (CDSS) has issued instructions regarding the end of the Statewide Fingerprint Imaging System as a requirement for CalWORKs benefits.  Effective July 1, 2018, finger print imaging will no longer be required as a condition of receiving CalWORKs benefits and counties must stop using SFIS.

Effective July 1, 2018, counties are required to verify the identity of all adult applicants in person.  With limited exceptions, this will mean that applicants must present a form of photo identification in-person to the county to complete their CalWORKs application.  This requirement will apply to application interviews completed by telephone or other electronic means.

Applicants who received CalWORKs, CalFresh or Medi-Cal prior to July 1, 2018 and who have a photo identification in their case record will not be required to resubmit photo identification in person.  If evidence of identity is conflicting, inconsistent or incomplete, counties will require in-person identity verification.

If the applicant qualifies for Immediate Need and the county must verify identity within 15 working days of the Immediate Need request.

If the applicant does not have acceptable photo identification, the applicant’s sworn statement will be considered sufficient.  However, the applicant must present photo identification in-person within 15 days for benefits to continue.  Aid must continue if the applicant presents evidence of good-faith efforts to obtain a photo identification.  When the applicant presents evidence of good faith efforts to obtain a photo identification but a third party imposes a fee to obtain the evidence, the county must pay the fee on behalf of the applicant or recipient.

Examples of acceptable photo identification are driver’s license, photo identification from a government agency or school, passport or immigration document with photo.

Counties can still choose to provide the CalWORKs application interview by telephone or other electronic means.  (ACL 18-68, June 7, 2018.)