MBSAC cost of living increase

Effective July 1, 2015, the CalWORKs Minimum Basic Standard of Adequate Care (MBSAC) increased by 2.54%. The MBSAC is the maximum amount of income an assistance unit can have, after income deductions, and be eligible for CalWORKs. The increase is the cost of living increase required by Welf. & Inst. Code Section 11453. This cost of living increase also increased the Income-In-Kind (IIK) level by 2.54%. The IIK level is the value assigned to free housing, utilities, clothes or food.

These increases also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program benefits. The California Department of Social Services issued a chart showing the new MBSAC and IIK amount. ACL 15-52 (6/5/15).

OCAT released

CDSS has released its new Online CalWORKs Appraisal Tool (OCAT). OCAT guides county welfare department workers through the CalWORKs appraisal process and generates recommendations for welfare-to-work and supportive services. The OCAT appraisal includes a section to screen for learning disabilities.

OCAT is currently only available in English. Clients with limited English proficiency are to be referred for evaluation and services to address their language barrier. Counties have the option to reassess current welfare-to-work clients using OCAT if they believe doing do will identify barriers to self-sufficiency. Clients must be informed of their privacy rights at the beginning of the OCAT appraisal. Training on OCAT started in April, 2015. All counties must have fully implemented OCAT by October 1, 2015. ACL 15-43 (4/17/15).

MBSAC increase

Effective July 1, 2015, the CalWORKs Minimum Basic Standard of Adequate Care (MBSAC) increased by 2.54%. The MBSAC is the maximum amount of income an assistance unit can have, after income deductions, and be eligible for CalWORKs. The increase is the cost of living increase required by Welfare and Institutions Code Section 11453. This cost of living increase also increased the Income-In-Kind (IIK) level by 2.54%. These increases also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program benefits. The California Department of Social Services issued a chart showing the new MBSAC and IIK amounts.

ACL 15-52.

School attendance penalty repealed

Effective January 1, 2015, the school attendance penalty for children under age 16 is repealed. Previously, if a child under age 16 was not regularly attending school, the CalWORKs household was penalized by removing all adults in the assistance unit from the grant. AB 2383 amended Welfare and Institutions Code Section 11253.5 to repeal this penalty. As a result, county welfare departments can no longer require families to provide proof of school attendance.

If a 16 or 17 year old is deemed a chronic truant by the school district or a county School Attendance Review Board (SARB), then the needs of that child are not considered in determining the family’s CalWORKs grant. Exceptions to this rule include when there is good cause for non-attendance, when any member of the household is eligible for the family stabilization program and when the child, parent or caretaker is complying with requirements from a SARB, probation department or district attorney. A child whose needs are not considered in computing the family’s grant is eligible for services that may lead to school attendance and can sign a welfare-to-work plan to attend school (with no minimum number of participation hours for that plan).

Penalties imposed prior to January 1, 2015 on children under age 16 should have been lifted effective January 1, 2015. Counties were directed to review all cases of school attendance penalties for 16 and 17 year olds.

ACL 15-22.

Sanctioned adults are eligible for stage 1 child care

Following substantial advocacy by the Child Care Law Center, CDSS has clarified that adults in CalWORKs sanction status can be eligible for Stage 1 child care. Under MPP Section 42-721.41, sanctioned adults are eligible for child care when the client is in the process of curing a sanction or during the months in sanction the client is working or participating in a county-approved program activity, which are activities in the assigned as part of the a welfare-to-work plan or activities necessary to accept or retain employment. Sanctioned adults in a cure plan remain in Stage 1 child care. Sanctioned adults performing an approvable activity should be assessed for transfer to Stage 2 child care.

CDSS also reiterated that clients in sanction status can request to cure the sanction by entering into a plan to cure the sanction and performing the activity stated on the cure plan up to a maximum of 30 days, whichever is shorter.

ACL 15-53

CDSS directs counties to discontinue use of promissory notes for overpayment collection

Acknowledging that inclusion of promissory notes along with CalWORKs overpayment notices of action constituted an unlawful demand in violation of its regulations (MPP Section 44-351.1), CDSS directed counties to stop sending such agreements to reimburse. Recipients may still voluntarily request a reimbursement agreement, which must be in writing and clearly indicate that repayment is voluntary. CDSS further instructed counties to begin using a new form, CW 2217 “CalWORKs Request for Voluntary Repayment,” which they may provide upon request as long as the recipient has asked if he or she may voluntarily repay, the overpayment was already explained to the recipient, the county did not initiate or request the repayment, and the recipient understands he or she may suspend the repayment at any time. ACL 15-13.