CalWORKs

MFG Repeal

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The California Department of Social Services has informed counties that the legislature has repealed the CalWORKs Maximum Family Grant (MFG) rule.  Effective January 1, 2017, no child will denied aid because the child was born into a family receiving CalWORKs.  Any child previously excluded by the MFG rule must be added to the assistance unit effective January 1, 2017.

Counties are required to review their caseloads to determine existing cases with children excluded by the MFG rule and inform those families that their CalWORKs grant will change to include the previously excluded children.  In addition, counties must send a mass mailing starting on November 1, 2016 to all CalWORKs recipients informing them of the repeal of the MFG rule.  CDSS encourages counties to display the informing notices in their offices and to discuss the MFG repeal at application and redetermination.

Children previously excluded by the MFG rule will be subject to child support assignment.  Children excluded by the MFG rule were able to keep all child support paid on their behalf.  Child support paid on behalf of these children will be assigned to the state the effective January 1, 2017 and the family will receive the first $50 of child support collected on behalf of the family.  Parents will need to complete the CW 2.1Q Child Support Questionnaire for children previously excluded by the MFG rule if those children are not already identified on an existing CW 2.1Q.  Parents will be required to cooperate with the local child support agency unless they have good cause, including that cooperation will put the family at risk.

Other benefits paid on behalf of children excluded by the MFG rule, such as Social Security dependant’s benefits, will be counted as income for CalWORKs effective January 1, 2017.  In addition, CalFresh benefits will be redetermined based on the new CalWORKs grant.  ACL 16-66 (August 26, 2016).

CalWORKs MAP increase

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The CalWORKs Maximum Aid Payment (MAP) will increase by 1.43% effective October 1, 2016.  CDSS has directed counties to notify recipients of the change to their grant no later than September 20, 2016.  CDSS also directed the computer system consortia to automate the grant increase or ensure a workaround to ensure that CalWORKs recipients receive the MAP increase on October 1.

The MAP change may change the Income Reporting Threshold (IRT) for some CalWORKs assistance units.  CDSS directed counties to inform these recipients of their new IRT.

CDSS provided a chart of the new CalWORKs grant levels.  ACL 16-64 (August 16, 2016).

Benefits eligibility for persons paroled as refugees

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The California Department of Social Services has issued instructions about benefits eligibility for persons paroled as refugees.  The immigration status paroled as a refugee is a category of parole that includes persons who enter the United States under the Central American Minors program and persons eligible for conditional entry, between February 1970 and April 1980 whose application for admission to the United States was denied because of an inadequate number of visas.

Persons paroled as refugees are eligible for Refugee Resettlement Program benefits, CalWORKs and CalFresh.  Persons paroled as refugees should be eligible for SSI after one year and are eligible for CAPI until they are eligible for SSI because they are considered permanent residents under color of law.  ACIN I-48-16 (June 29, 2016).

The Work Number

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The California Department of Social Services has issued instructions about using an employment verification service called The Work Number.  After counties execute contracts and Memoranda of Understanding, they can use The Work Number for initial and ongoing CalWORKs and CalFresh eligibility, fraud investigations, and to verify employment and income for TANF participation rate data.

If a county takes adverse action based on information received from The Work Number, the county must send a notice stating the name, address, and telephone number of The Work Number, the right to get a copy of the report from The Work Number if requested within 60 days, and that the information can be disputed by contacting The Work Number.

The Work Number is in addition to the existing IVES income verification system.  As with IVES matches, counties must contact the assistance unit and give an opportunity to resolve any discrepancies before taking adverse action.  ACL 16-43 (May 12, 2016).

WTW requirements for Pregnant Woman Only Assistance Units

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The California Department of Social Services has issued instructions about Welfare-to-Work (WTW) requirements for Pregnant Woman Only (PWO) Assistance Units. Pregnant women with no other eligible children in the home are now eligible for CalWORKs beginning in the second trimester of pregnancy.

Unless exempt from WTW, PWOs must participate for 20 hours per week to meet minimum participation requirements because they are considered a household with a child under age 6.  However, to meet federal participation requirements, PWOs must participate 30 hours per week, 20 hours of which much be in a federally approved activity.  If a PWO meets the 20 hours per week minimum but not the 30 hours per week federal requirement, the PWO’s 24 month clock ticks. ACL 16-21 (April 15, 2016).

Benefits and same-sex marriages and domestic partnerships

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The California Department of Social Services has issued policies about how same-sex marriages and domestic partnerships are treated for purposes of various programs.  For CalWORKs, same-sex spouses and registered domestic partners who have adopted the children are treated as members of the assistance unit who are subject to welfare-to-work requirements.  These households are considered two parent households for purposes of welfare-to-work requirements.  Same-sex spouses and registered domestic partners who have not adopted the children are considered step-parents, meaning they can be considered part of the assistance unit and participate in welfare-to-work but are not required to do so.

For purposes of eligibility for child care, same-sex spouses and registered domestic partners who have adopted the children are treated as members of the assistance unit, meaning the same-sex spouse or registered domestic partner can be considered an able and available parents who can provide child care.  Same-sex spouses and registered domestic partners who have not adopted the children are considered optional step-parents and are not considered for purposes of eligibility for child care.

For purposes of CalFresh, any group of persons who customarily purchase and prepare meals together are considered a household.   Same-sex spouses are considered spouses and must be included in the CalFresh household.  However, registered domestic partners are not considered spouses and are not automatically included in the household.  Registered domestic partners who are part of the CalWORKs assistance unit or customarily purchase and prepare meals with the family must be included in the CalFresh household.

Refugee Cash Assistance has the same requirements as CalWORKs.  Registered domestic partners have the same status as married couples for purposes of eligibility for Refugee Cash Assistance.  ACL 16-13 (March 28, 2016).