BenefitsCal Release of Information

The California Department of Social Services (CDSS) has announced the release of the integrated release of information form for BenefitsCal.

Currently, people can request access to their county welfare department file using the ABCDM 228 form, or an alternative document that identifies the participant releasing the information and the agency institution or provider to whom information is released.

People can grant access to the county welfare department case file information in BenefitsCal using the ABCDM 229 form, which will be integrated into the BenefitsCal portal.  The ABCDM 229 form is the only way for a community based organization (CBO) to access client information on BenefitsCal.  Either the benefits applicant or the CBO can submit ABCDM 229 form by document upload to BenefitsCal.  The ABCDM 229 can also be submitted to the county in a paper format.

With a ABCDM 229 release of information, CBOs can access notice of action, verification requests, benefit award, program status, termination reasons, and upcoming SAR 7 and renewal dates.  CBOs will be able to access information in BenefitsCal for up to 1 year.  However, benefits award, program status, termination reasons and upcoming SAR 7 and renewal due dates will be limited to 60 days of case history.

To have access to BenefitsCal, a CBO must have a formal written agreement with the state or with any county, and have been approved by a county for a CBO account.  After the ABCD 229 is submitted, the county will determine whether the person who signed the form is the primary applicant in the household and whether the data elements in the system align with the information in the form.  If not, the county may contact the applicant to resolve any discrepancies.  If the county cannot resolve the issues, the form will remain pending for up to 365 days.  The county should fix data mismatches can be easily resolved (such as using the name Jim instead of James) without contacting the applicant.

Applicants can revoke a release of information at any time.  CBOs cannot revoke a release of information.

A separate ABCDM 229 is required for each county that a client has a case in (for example if a client moves) and for each CBO that the client authorizes.  (ACL 23-37, May 1, 2023.)

Eligibility of Cuban, Haitian, Nicaraguan, and Venezuelan parolees for federal and state benefits

The California Department of Social Services (CDSS) has issued guidance regarding eligibility of Cuban, Haitian, Nicaraguan, and Venezuelan parolees for federal and state benefits.

Cuban, Haitian, Nicaraguan, and Venezuelan refugees and asylees are eligible for CalWORKs, CalFresh, SSI, Refugee Cash Assistance, and Refugee Support Services.  Asylum applicants are not eligible for federally funded benefits and services unless they hold another qualifying status.

Humanitarian parolees are generally not eligible for federal benefits.  Nicaraguan and Venezuelan parolees are not eligible for refugee benefits and services.  Cubans and Haitians who arrive in the United States under the supporter-based parole process are eligible for benefits to the same extent as refugees.

Temporary Protected Status holders are not eligible for most federal or state benefits or services.

For Refugee Cash Assistance, counties can accept a declaration under penalty of perjury that the individual has a qualifying immigration status if the worker is unable to confirm status after reviewing documents that suggest eligibility.  Refugee Cash Assistance applicants are not required to provide Social Security Numbers.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees are eligible for CalWORKs because humanitarian parolees have Permanent Residence Under Color of Law.  As CalWORKs recipients, they are eligible for Welfare-To-Work services, Family Stabilization, domestic abuse survivor services, Housing Support Program, Homeless Assistance, Bringing Families Home, Housing and Disability Advocacy Program, and Home Safe.  Housing Support Program and Homeless Assistance can supplement federal refugee resettlement funding.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees are eligible for Cash Assistance Program for Immigrants.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees may be eligible for CalFresh or the California Food Assistance Program if they have been paroled into the United States for at least one year.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees may be eligible for Medi-Cal.

Counties must submit cases to the SAVE system for verification.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees can present a copy of their electronic Form I-94.  Additional verification may be required in limited circumstances, such as when information from the applicant does not match federal immigration records. (ACIN I-13-22, April 20, 2023.)

 

Requirements for truncating Social Security Numbers

The California Department of Social Services (CDSS) has issued guidance regarding AB 499 (2020) that requires mailings from state agencies, which includes counties operating state and federal programs on behalf of CDSS, to only include the last four digits of a Social Security Number in outgoing mail.

Effective January 1, 2023, with limited exceptions, state agencies must only include the last four digits of a Social Security Number in outgoing mail.  Computer systems must make changes to implement this requirement.  County processes must be revised to meet this requirement.  Computer systems that must make changes to comply include, but are not limited to, CalSAWS and BenefitsCal, CMIPS, ACMS, EBT, Child Welfare Services/Case Management System, Child Welfare Services CARES, and County Expense Claim Reporting Information System.

If a system is unable to make necessary changes in a reasonable timeframe, the system must implement a workaround to redact or truncate all Social Security Numbers in outgoing mail.

Counties should report any mailings that violate this requirement to CDSS using the breach and incident process.  (ACL 23-17, January 31, 2023.)

County requests for approval of exemption of Guaranteed Income project income for CalWorks and CalFresh

The California Department of Social Services (CDSS) has issued a notice to describe how counties with Guaranteed Income (GI) projects can request that their programs be approved as CalWORKs GI Projects and therefore not be counted as income for CalWORKs and CalFresh. GI payments will count as income CalWORKs unless CDSS grants an exemption requested by the county.  Counties that would like to receive the CalWORKs exemption must submit the TEMP 3023 form.  County requests that GI not be counted as income for CalWORKs must include a comprehensive plan, a research plan and an Institutional Review Board approval.  CDSS will approve requests by formal order of the Director.  The order cannot extend beyond three years.

Note that CalWORKs Guaranteed Income Projects are different than California Guaranteed Income projects.  Income from California Guaranteed Income projects is also exempt for CalWORKs and CalFresh if the program including any private funding.

GI income will count for CalFresh unless any part of the GI payments are funded by a  nongovernment source, and the GI program is approved by CDSS. (ACIN I-35-22, April 14, 2022.)

AB 2300 changes to sanctions, exemptions and good cause and counting of Paid Family Leave

The California Department of Social Services (CDSS) informs counties of changes in sanctions, exemptions, good cause, and counting of Paid Family Leave.

For CalWORKs, the first $225, and then one-half of remaining disability-based income is disregarded.  Effective October 1, 2024 or when automation is completed, whichever is later, disability-based income will include Paid Family Leave benefits.  Note that the $225 initial disregard amount will also increase when the addition of Paid Family Leave benefits as disability-based income occurs.

In addition, effective October 1, 2024 or when automation is completed, whichever is later any month in which a CalWORKs recipient receives Paid Family Leave benefits will not count towards the CalWORKs 60-month time on aid clock.  This exemption only applies to the CalWORKs time on aid clock and does not apply to the federal Temporary Assistance to Needy Families time on aid clock.

16 and 17 year olds who are required to attend school, and qualifying custodial parents under age 20 are exempt from Welfare-to-Work participation as long as they are attending school.  Previously, individuals lost this exemption if they stopped attending school.  Effective January 1, 2023, these individual can regain their exemption if they return to school.

Effective January 1, 2023, there are several new reasons for good cause for not meeting Welfare-to-Work requirements.  A CalWORKs recipient should be granted good cause for nonparticipation in Welfare-to-Work if anticipated hours of employment are unpredictable,  the recipient has one of list of labor or employment law violations, the recipients states they have experienced sexual harassment or other abusive conduct at work, or the recipient states that their rights under and federal, state or local labor or employment law were violated.  A recipient is not required to verify their statement, and is not required to reference any specific law.  These good cause reasons may not last longer than three months.

These good cause reasons also apply to CalFresh work requirements.  (ACL 23-30, March 22, 2023.)

Welfare-to-Work during COVID-19 pandemic recovery

The California Department of Social Services (CDSS) has issued guidance regarding Welfare-to-Work during recovery from the COVID-19 pandemic.  Counties currently can grant blanket good cause, that is, not requiring anyone to participate in Welfare-to-Work, because of COVID-19.  The blanket good cause option will end 60 days after the federal Public Health Emergency is lifted.  Currently, the federal Public Health Emergency is scheduled to end on May 11, 2023.

After the Public Health Emergency ends, counties will have 60 days, or as soon as is administratively feasible, to re-engage participants who had blanket good cause.  Counties can continue to grant good cause on a case-by-case basis because the COVID-19 pandemic prevents or significantly impairs the individual’s ability to participate.

CDSS strongly recommends that counties grant good cause to CalWORKs participants who are experiencing homelessness or housing instability that interferes with their ability to participate in Welfare-to-Work.

Counties are encouraged to do avoid initiating noncompliance and saction procedures.  This includes promoting education; incentives for Welfare-to-Work participation; using Expanded Subsidized Employment, apprenticeship and pre-apprenticeship programs, and other employment and training activities; using family stabilization; and conducting meetings, appointments and signing documents electronically.

Counties are encouraged to allow partial or progressive engagement to assist in making incremental progress toward full Welfare-to-Work participation.

Counties can offer incentives for Welfare-to-Work participation, such as gift cards, cash, or vouchers.

Counties can continue Expanded Subsidized Employment and CalWORKs Work Study, even when worksites are closed because of COVID-19.

Electronic and telephonic signatures continue to be allowed and encouraged for Welfare-to-Work.  Counties are encouraged to conduct meetings and appointments with participants virtually.  Counties should give flexibility in scheduling to facilitate participation, including allowing virtual meetings.    (ACWDL, December 30, 2022.)