Computation of CalWORKs and CalFresh overpayments and overissuances

NOTE: This ACL is superseded in part by ACL 24-23, summarized here.  It no longer applies to CalFresh overissuances.

CDSS has changed its policy regarding computation of CalWORKs overpayments and CalFresh overissuances. The amount of an overpayment or overissuance is determined by recreating the circumstances of the case and recalculating the grant based on all of the income that the client was required to report. Previously, any decreases in income during the payment period that were not reported were not considered in the determining the amount of the overpayment or overissuance.

CDSS’ new policy is that decreases in income that would have increased the grant amount must be considered in determining the amount of the overpayment or overissuance. The result of this change is that the amount of overpayments and overissuances based on unreported income must be adjusted based on any unreported decreased in income during the reporting period.  ACL 15-95 (12/1/15).

Welfare-to-work satisfactory progress determination

CDSS has issued guidance on determining satisfactory progress in an assigned welfare-to-work (WTW) activity. The guidance states that the satisfactory progress standard for each activity must be stated in the WTW plan. If an individual is not making satisfactory progress, the county should offer learning disability screening and determine whether the client has a learning or physical disability.

If a student does not make satisfactory progress in an education program despite regular attendance and participation, the county should consider alternative classes for the classes that are causing trouble or doing a new assessment and modifying the WTW plan accordingly.

If an individual loses a job because of inability to meet job requirements despite regular attendance and participation, the individual should not be sanctioned and instead the individual should be reassessed to determine a new appropriate WTW activity. ACL 15-80 (10/20/15).

CalWORKs for disaster victims

CDSS has issued instructions regarding CalWORKs issues for disaster victims. The instructions reiterate several important facts of the CalWORKs rules as they relate to disasters including: 1) the county must accept statements under penalty of perjury when documents are unavailable because of a disaster, 2) disaster relief payment do not count as income for purposes of CalWORKs, 3) disaster is an exception to the once in a lifetime limit on homeless assistance benefits, 4) disaster victims should be evaluated for immediate need, 5) written statement is sufficient to establish residency and 6) disaster victims should be evaluated for good cause for non-participation in welfare-to-work.

In addition, disaster related issues can be good cause for late filing of semi-annual reports and annual redetermination. For the first month after a report is late, the county must evaluate for good cause for late filing. After the first month, the client must request a good cause evaluation for late filing. ACIN I-85-15 (10/14/15).

Questions and answers regarding OCAT

CDSS has issued several questions and answers regarding the new Online CalWORKs Appraisal Tool (OCAT) (See ACL 15-43 for background about OCAT). Most importantly, the questions and answers state that an individual cannot be sanctioned for not answering particular OCAT questions. This should include questions about disability and domestic violence. An individual can be sanctioned for refusing to do the OCAT appraisal at all.

In addition, the questions and answers state that an OCAT appraisal can be done by telephone as a reasonable accommodation or when coming to the welfare department would interfere with work or class schedule. ACL 15-69 (9/17/15).

CalWORKs instructions on home county rules

CDSS has clarified that residence in California, but not in a particular county, is required for CalWORKs eligibility. Although recipients are required to report address changes within 10 days, failure to report an address change, by itself, is not a basis for adverse action against the recipient. For example, not reporting moving from a Region 1 (higher grant) county to a Region 2 (lower grant) county would cause an overpayment because of the difference in the grant level, but not because of the failure to report.  In addition, a recipient can temporarily reside in another county for up to four months without changing their home county as long as they intend to return. CDSS provided five examples to illustrate the CalWORKs home county rules. ACIN I-63-15 (7/27/15).

Questions and answers regarding Family Stabilization Program

CDSS has issued 15 questions and answers about the Family Stabilization Program (FSP). FSP provides intensive case management services to CalWORKs Welfare-to-Work (WTW) participants who are experiencing an identified situation or crises. The program is described in ACL 14-12 . Among other items, the questions and answers clarify that FSP services are available to adults who are exempt from WTW participation, and adults in the family who are not included in the assistance unit if there is at least one mandatory WTW participant in the family.

Regarding FSP plans, the questions and answers clarify that a client in sanction status can use an FSP plan to cure their sanction, and each adult in a household must have a separate FSP plan. CDSS also clarified that FSP is not mandatory. In addition, CDSS states that if a client has a crists outside of the scope of a county’s FSP plan, the county should still assess such clients for WTW exemption and provide services for removal of barriers to WTW participation outside of the FSP program. ACIN I-64-15 (7/29/15)