Social Security COLA Affect on CalWORKs and CalFresh

Effective December 30, 2016, recipients of benefits from the Social Security administration will receive a 0.3% cost of living increase in their Social Security benefits.  CDSS has issued instructions counting the increase in Social Security benefits for CalWORKs and CalFresh.

For CalWORKs and CalFresh households in the final month of their semi-annual reporting period in December, 2016, the Social Security increase is reasonably anticipated income, must be reported on the Semi-Annual report and will be considered in determining ongoing benefits.  For other CalWORKs and CalFresh households, the Social Security increase is a mandatory mid-period change and counties must adjust benefits effective January 1, 2017.  The Social Security increase will cause a mid-period change for annual reporting/child only cases.

This change may affect CalWORKs assistance units and CalFresh households where a member receives Social Security Disability, retirement, survivors or dependant’s benefits.  The COLA increase will not affect SSI cases because SSI recipients are not considered members of the CalWORKS assistance unit or members of the CalFresh household and SSI does not count as income.  (ACIN I-92-16, December 20, 2016.)

CalWORKs Overpayments Based on Income or Household Composition Reporting

CDSS has instructions to counties about AB 2062 regarding overpayments based on income or household composition reporting.  Effective January 1, 2017, counties cannot assess an overpayment in the month following a change in income over the income reporting threshold or a change in household composition for an assistance unit that does not include an eligible adult, if the recipient timely reported the change but the county was unable, before the first month following the change, to provide 10 days notice of termination or reduction in benefits.

Recipients subject to semi-annual reporting must report income changes over the income reporting threshold within 10 days.  Child only cases subject to annual reporting must report income over the income reporting threshold or changes in household composition within 10 days.  Prior to AB 1232, there was an overpayment if these changes were reported timely but the county could not issue a notice of action giving 10 days notice of reduction or termination of benefits.

Under AB 1232, this changes and now if these changes are reporting timely and the county is unable to give 10 days notice of reduction or termination of benefits, the next month of benefits will not be an overpayment.  However, if these changes are not reported timely (that is, not reported within 10 days) and the county could not issue a notice of action giving 10 days notice of reduction or termination of benefits, the next month of benefits will still be an overpayment.  ACL 16-120 (December 30, 2016). 16-120E (March 10, 2025) [editing one example in the letter].

 

Telephone Interviews for CalWORKs

CDSS has issued instructions to counties about SB 947 which allows counties to do telephone interviews for CalWORKs effective January 1, 2017.  Counties can choose whether to do telephone interviews for CalWORKs.  A county that chooses to do telephone interviews can do face-to-face interviews on a case-by-case basis.  Those counties must provide a face-to-face interview if requested by the CalWORKs applicant or recipient. The county must have procedures in their county plan for conducting telephone interviews.

Telephone interviews must occur within seven working days of filing of the application.  If an applicant meets the immediate need interview requirements on the application, the telephone interview must occur no later than the next working day.

For telephone interviews, there are three ways counties can obtain signatures on documents.  The county can mail the documents to the applicant or recipient.  The county can use an interactive voice response system that has a PIN number that can act as an electronic signature.  In addition, if the application was filed online, the county can upload documents to the applicant or recipient’s online account.  A journal entry stating the client attested to the information is not sufficient.  CDSS provided a chart that outlines the county’s options regarding telephone interviews.  ACL 16-119 (December 30, 2016).

County Welfare Department Use of Consumer Credit Reports

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 issued 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.  Counties cannot require applicants or recipients to submit hard-copy documentation that is duplicative of the information obtained from a consumer credit report.  ACL 16-118 (December 30, 2016).

 

Deeming Welfare -to-Work Hours for WIOA Career Pathways

CDSS has issued instructions about counting Welfare-to-Work hours for Workforce Investment Innovation and Opportunity Act (WIOA) Career Pathways participation.  As required by Welfare and Institutions Code Section 11322.83, when a WTW participant participates and is making satisfactory progress in an Approved WIOA Career Pathway, the participant is deemed to be meeting minimum participation requirements regardless of the actual number of hours of participation.  See ACL 16-51 for additional information about county welfare department collaboration with WIOA programs.

WIOA Career Pathway participation does not automatically meet federal participation standards.   Unless the WIOA Career Pathway program also meets federal participation standards, the participant’s 24 months WTW clock will tick while participating in a WIOA Career Pathway.

For the county to deem participation in an Approved WIOA Career Pathway as meeting WTW participation requirements, the Career Pathway must 1) be included in the participant’s WTW Plan; 2) meet the requirements of a career pathway program approved by the local workforce development board and 3) the participant must be making satisfactory progress in the pathway. ACL 16-102 (December 12, 2016).

Spanish Language Learning Disabilities Screening

CDSS has released a validated Spanish language learning disabilities screening tool.  Counties are to begin using the tool for Spanish speaking clients immediately. The tool must be administered either by a bilingual staff member or with a Spanish speaking interpreter.  Counties must offer learning disability screening at the first Welfare-to-Work contact (orientation or appraisal) or at the latest at assessment.  This offer must be made both verbally and in writing.

CDSS does not have a learning disability screening tool for languages other than English or Spanish.  For other languages, counties must perform learning disability screening based on discussion with and observation of the client.  Counties must refer clients whose primary language is not English or Spanish for learning disability screening.  (See ACL 15-101.)  ACL 16-93 (November 21, 2016).