CalWORKs

Position Statements in CDSS hearings

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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

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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.)

CalWORKs eligibility when child dies

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CDSS has issued instructions about implementing AB 433 (2015) regarding CalWORKs eligibility in the event of death of a child.  AB 433 requires that if the county becomes aware of the death of a child, CalWORKs benefits cannot be decreased in the month of the death or the following month.  Note that for semi-annual (SAR) reporters, change in household composition is not a mandatory mid-period report.  This means SAR reporters are not required to report death of a child until the next semi-annual report.  However, if death of a child is reported, the county must act on that information.  For AR/CO reporters, death of a child must be reported within 10 days and AB 433 means these families are eligible for an additional month of benefits following the death.

In addition, AB 433 prohibits sanctions or overpayments for failure or refusal to comply with Welfare-to-Work requirements during the month the child died or in the following month.  ACL 16-90 (October 21, 2016).

WTW Participation for Teens

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CDSS has issued instructions about Welfare-to-Work (WTW) requirements for 16 and 17 year olds.  WTW requirements apply to 16 and 17 year olds in two situations.  First, non-parenting 16 and 17 year olds who either a school district or School Attendance Review Board have found to be chronic truant must be referred for a WTW plan unless an exception applies.  The only purpose of this plan is to complete high school or its equivalent.  These 16 and 17 year olds can voluntarily participate in other WTW activities as long as those activities do not interfere with school attendance.  All supportive services are available to these 16 and 17 year olds.

A non-parenting teen who does not comply with this WTW plan is subject to a school attendance penalty.  In this instance, the needs of the 16 or 17 year old are removed from the assistance unit but the 16 or 17 year old remains eligible for CalWORKs services.  If a 16 or 17 year old is not enrolled in a secondary school, the county must assist in becoming enrolled and the 16 or 17 year old has good cause until they are enrolled.

Non-parenting 16 and 17 year olds who complete high school or its equivalent, and 16 and 17 year olds who complete participation in CalLearn upon graduating from high school or its equivalent, are required to participate in WTW unless exempt.  Counties must conduct an assessment and develop WTW plans for these 16 and 17 year olds.  Only adults are subject to minimum participation requirements. However, the county must include a required number of participation hours in the WTW plan not to exceed 20 average hours per week.

These 16 and 17 year olds are mandatory WTW participants who are subject to sanction for noncompliance unless they are exempt or have good cause.  In addition to other exemptions, these 16 and 17 year olds are exempt if they have enrolled in or are planning to enroll in a postsecondary educational, vocational, or technical school training program.

In general, persons sanctioned by CalWORKs also receive a CalFresh sanction.  Non-head of household 16 and 17 year olds are exempt from CalFresh work requirements and are not subject to this CalFresh sanction.  However, head of household 16 and 17 year olds may be subject to work registration requirements and are subject to CalFresh sanction for failure to comply with CalWORKs WTW requirements.  ACL 16-99 (December 8, 2016.)

Social Security COLA Affect on CalWORKs and CalFresh

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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

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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].