CalWORKs

Civil rights complaint language

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The California Department of Social Services (CDSS) has updated its appeal language for civil rights complaints. There are three main changes to the appeal language. The first of these changes increases the amount of time CalFresh complainants have to file civil rights appeals to the United States Department of Agriculture (USDA) to 90 days from the previously set 30 days.

The next two changes were implemented because of the Supreme Court’s decision in Bostock v. Clayton County which established that discrimination based on sexual orientation or gender identity is also considered discrimination based on sex. The second change establishes that complainants may appeal Cal Fresh complaints to USDA based on  gender identity and sexual orientation. It has also added reprisal or retaliation for prior civil rights activity as a protected category. The third change establishes that complainants may file discrimination complaints with the United States Department of Health and Human Services (HHS) based on  pregnancy, sexual orientation, and gender identity.

Counties must use the provided language from the USDA when informing people of their right to appeal to the USDA. Additionally, the requirements to inform of the right to appeal to CDSS or the USDA do not apply when the complainant fails to participate or withdraws the complaint and no County Welfare Department (CWD) decision was made. However, complainants must be informed of their right to file their complaint with the HHS. Mail or email can be used to inform complainants of complaint outcomes.  (ACL 23-98, November 27, 2023.)

Impact of Social Security COLA on CalWORKs and CalFresh

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Effective January 1, 2024, Social Security and SSI benefits will increase by a 3.2 percent cost of living adjustment (COLA).  For new  CalWORKs and CalFresh applications, the new Social Security and SSI amounts will be considered reasonably anticipated income beginning for January, 2024.

For CalWORKs Assistance Units and CalFresh households in their final month of their semi-annual reporting period, counties must reasonably anticipate the increase in Social Security and SSI.

The amount of the Social Security COLA is considered to be known to the county, and must be acted upon mid-period.  This means that benefits must be adjusted to reflect the new Social Security and SSI amounts effective January 1, 2024.

If the county cannot change the CalWORKs or CalFresh amount to reflect the Social Security COLA, counties must decrease the benefit amount after it gives timely and adequate notice.  In that case, January benefits will need to be recalculated and there may be overpayment or overissuance.

Although SSI payments are exempt for CalWORKs, counties must still update income information.  (ACIN I-64-23, October 30, 2023.)

 

Full child support pass-through for former CalWORKs recipients child only CalWORKs cases

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The California Department of Social Services (CDSS) has issued guidance regarding full pass through of collected child support for CalWORKs recipients child only CalWORKs cases.

Effective January 1, 2024, or when automation is completed, whichever is later, all child support collected must be passed through to former recipients and to CalWORKs recipients where only the children receive benefits (known as K1 and 3F families).  Any pass through payments that cannot be delivered to former CalWORKs recipients for six months will be used to recoup CalWORKs paid to the former recipient.  The former recipient family can make a claim with the Local Child Support Agency for the recouped funds within 12 months of the payment being sent for recoupment.

Also effective January 1, 2024, or when automation is completed, all support payments received in child only CalWORKs cases do not count as income for purposes of CalWORKs eligibility.

Child support payments received by a CalFresh or California Food Assistance household, including child support pass through payments, are counted as unearned income when determining CalFresh eligibility and benefit amount.

Child support payments are considered unearned income of the child when determining eligibility for Supplemental Security Income and Cash Assistance Program for Immigrants.  Any unspent child support payments count as a resource for Supplemental Security Income and Cash Assistance Program for Immigrants.  (ACL 23-93, November 6, 2023, and ACL 23-93E, December 27, 2023.)

Changes to CalWORKs Homeless Assistance and referrals for Pregnancy Special Needs

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the CalWORKs Homeless Assistance program and referrals for Pregnancy Special Needs.

CalWORKs applicants can verify pregnancy by a sworn statement or verbal attestation, and submitting medical verification within 30 working days of submitting the sworn statement or verbal attestation.  This change now applies to requests for CalWORKs Homeless Assistance.  CalWORKs applicants with no other CalWORKs eligible children can satisfy the pregnancy verification requirement for Homeless Assistance by sworn statement or verbal attestation.  If the applicant does not submit medical verification within 30 days, counties cannot issue issue additional homeless assistance benefits unless the pregnant person presents evidence of good-faith efforts to get verification of pregnancy.

Counties can require a homeless avoidance case plan when a family receives homeless assistance for the second time in a 24-month period.  Effective October 1, 2023, counties that require a homeless avoidance plan must also provide a housing navigator to the family.  CDSS encourages that homeless avoidance plan be optional.  CDSS also encourages counties to refer all homeless assistance recipients to Housing Support Program and Family Stabilization.  Family may receive both Housing Support Program and Family Stabilization at the same time.

If a county requires a homeless avoidance case plan for a family that verifies domestic violence by sworn statement, the plan shall include providing domestic violence services.

Homeless Assistance eligibility is expanded to families who receive any notice that could lead to an eviction, regardless of the reason for the notice.  This change is effective July 1, 2024, or when computer automation is completed, whichever is later.

Note that counties must accept a sworn statement to verify homelessness.

For purposes of homeless assistance eligibility, domestic violence is expanded to include actions done by any roommate.  This expansion applies to both the domestic violence homeless assistance benefit, and the domestic violence exception to the once in 12 months limit on homeless assistance.  This change is effective July 1, 2024, or when computer automation is completed, whichever is later.

Effective October 1, 2023, counties must refer pregnancy special needs payment recipients to perinatal home visiting services administered county public health, county social services, or county home visiting providers.  This includes CalWORKs Home Visiting Program and California Home Visiting Program.  (ACL 23-83, October 6, 2023.)

CalWORKs Home Visiting Program eligibility for pregnant persons

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California Department of Social Services (CDSS) has informed counties that eligibility for the CalWORKs Home Visiting Program has changed for pregnant persons.

The CalWORKs Home Visiting Program is a voluntary program that home visiting services to pregnant and parenting families.  Previously, pregnant persons who applied for CalWORKs within 60 days of the second trimester of pregnancy were eligible for the Home Visiting Program.  Effective July 1, 2022, a pregnant person became eligible for CalWORKs regardless of which trimester of pregnancy they were in.  As a result, effective July 10, 2023, any pregnant person who is a member of a CalWORKs assistance unit, is the parent or caretaker relative in a child-only CalWORKs case, or is apparently eligible for CalWORKs, is eligible for Home Visiting Program services.  (ACL 23-90, November 6, 2023.)

 

Treatment of income from Guaranteed Income Pilot Programs for various program

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Payments issued under the State Funded Guaranteed Income (GI) Pilot Program are exempt from being considered income and resource for various state and local benefit and assistance programs. There are seven pilot programs to support former foster youth and or pregnant individuals. This CDSS guidance only applies to State Funded Guaranteed Income (GI) Pilot Programs.

Cal Fresh: GI payments will not count as income but may count as resources.

Housing and Urban Development (HUD): HUD denied a waiver that would exempt payments from determinations. HUD did provide a list of options that may exempt GI.

Medical and Children’s Health Insurance Program: The federal government gave approval to disregard payments from a California pilot GI project as income for 12 months for Non-Magi eligibility. Medi-Cal will no longer count resources as an eligibility determination as of January 1,2024. Former foster youth are eligible for Medi-Cal regardless of income.

Refugee Cash Assistance: GI payments will not count as income or resources.

Tribal Temporary Assistance for Needy Families: The Administration of Children and Families may approve a GI exemption for individual’s tribes through an amendment to a tribes Tribal Family Assistance Plan

Women Infants and Children (WIC): If the person is currently enrolled in Medi-Cal, CalWORKs or Cal Fresh no income assessment is needed because participants in those programs are categorically eligible for WIC. If a WIC recipient is not enrolled in one of those programs, GI income may impact eligibility.

GI payments are exempt from all state benefit or assistance programs. This includes but is not limited to Assistance Dog Special Allowance, CalWORKs, Cash Assistance Programs for Immigrants, Trafficking and Crime Assistance Programs (TCVAP), California Food Assistance Program, and Childcare and Development Programs.

GI payments received under the pilot program cannot consider income or resources for any local befit or assistance program. This includes but is not limited to. General Assistance and General Relief (GA/GR).  (ACWDL, July 21, 2023.)