COVID-19

COVID-19 CalFresh Employment and Training supportive services and equipment

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The California Department of Social Services (CDSS) has issued guidance regarding provision of equipment and supportive services to CalFresh employment and training (E & T) participants, particularly in response to COVID-19.

Counties and state partners can purchase necessary equipment for use by CalFresh E & T participants.  Equipment purchased by a county, state partner, or third-party partner may include laptops, cell phones, and other computer equipment to be loaned to participants for programs that require remote access such as distance learning.

Supportive services assist participants with overcoming barriers that prevent participation in CalFresh E & T.  Providers are required to pay directly or reimburse CalFresh E & T participants for expenses that are reasonable, necessary and directly related to participation upon presentation of appropriate documentation.  Reimbursable supportive services include dependent care costs, transportation, uniforms, personal safety items, books or training materials, and internet or telephone services.

Personal protective equipment necessary to engage in CalFresh E & T, when not provided by an employer, is covered, including personal protective equipment, hard hats, non-slip shoes, cloth face coverings and protective gloves for use during COVID-19 consistent with public health guidance.  (ACL 20-125, November 17, 2020.)

COVID-19 CalFresh overissuances

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The California Department of Social Services (CDSS) provides clarification about CalFresh overissuances in the context of COVID-19.  Beginning in March, 2020, all CalFresh households have been receiving maximum amount of CalFresh.  Households entitled to less than the full allotment have been receiving the difference between their entitled allotment and the full allotment as an emergency allotment.  For any month a household receives an emergency allotment, there cannot be an overissuance unless the household is found to have been completely ineligible.

Households are only required to report a change in income during the reporting period that are over the income reporting threshold. Changes in household circumstances such as a change in household composition or expenses, and income fluctuations that are less then the income reporting threshold are not required to be reported during the certification period.

If households report all income as required at application, periodic report or recertification, an overissuance can only be calculated for months in which gross monthly income exceeds the income reporting threshold for two months or more.  Changes in household income or other circumstances that are not required to be reported do not result in an overissuance.

Nonrecurring lump sum payments, including any government stimulus payment or retroactive unemployment insurance payments, do not count as income for CalFresh.  Nonrecurring lump sum payments are a resource in the month received. In this context, there is an overissuance only if a household subject to the resource limit receives a nonrecurring lump sum, does not report at application, periodic report or recertification, and the countable resources exceed the resource limit.

Income that is not reasonably anticipated cannot be used in determining eligibility.  When recreating the circumstances to determine the amount of an overissuance, the county must determine whether the income was required to be reported and if the income was reasonably anticipated to continue.

When determining if an overissuance is administrative error or inadvertent household error, counties must consider the circumstances at the time of the overissuance.  These circumstances include various waivers because of COVID-19 including waiver of periodic reporting and extension of certification periods, and elimination of the interview requirement at initial certification and recertification.  In addition, COVID-19 created significant application and call volume and changes in county operations that may have resulted in a households inability to complete required reports.  Counties must consider these circumstances when establishing an overissuance claim. These circumstances are likely to have impacted a household’s ability to report timely, increasing the occurrence of overissuance claims caused by administrative error.

When an administrative error overissuance claim is established for an active CalFresh household as a result of administrative error, collection is by grant adjustment of 5% or $10 per month, whichever is greater, for no more than 36 consecutive months.

When an overissuance is established for an inactive CalFresh household as a result of an administrative error or inadvertent household error, the claim establishment threshold is $400. (ACIN I-87-20, November 19, 2020.)

COVID-19 CalFresh emergency allotment for December 2020

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California has been approved to issue an emergency allotment of CalFresh for December, 2020.  The emergency allotment will be issued on January 10, 2021 to raise each household’s monthly CalFresh allotment to the maximum allowable for the household size.  Per guidance from the Food and Nutrition Service (FNS), households already receiving the maximum allotment are not eligible to receive an emergency allotment.

Moving forward, emergency allotments may be approved by FNS on a month-to-month basis until the Secretary of Health and Human Services rescinds the public health emergency. (ACWDL, November 30, 2020.)

Project Roomkey and rehousing strategy

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Project Roomkey is a statewide program to provide emergency, non-congregate shelter placements (hotel/motel) for people experiencing homelessness and are in need of isolation.

Project Roomkey funds must be used to offer supports starting from the point of outreach engagement through their stay in non-congregate shelter and until the participant is stabilized in permanent housing.  Project Roomkey programs must add or bolster rehousing assistance to their current service provision.

Local governments are encouraged to identify local, state and federal finding to leverage additional resources.

Rehousing assistance can include housing barrier removal, including credit repair or legal services, landlord encouragement and incentives, move-in and housing stabilization costs, rental assistance, assistance with higher level of care placements.

Funds can also be used for housing-related case management, housing navigation, and surge activities, which are coordinated efforts to quickly rehouse a group of people experiencing homelessness.  (ACWDL, November 18, 2020.)

COVID-19 civil rights obligations

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The California Department of Social Services (CDSS) provides guidance to counties regarding meeting their civil rights obligations in emergency situations.  Civil rights laws remain in effect when counties take emergency actions such as closing physical offices to the public, shortening office hours, or requiring staff to work from home.

Counties must provide services and administer programs free of discrimination.  During emergencies there can be heightened fear and anxiety leading to increased acts of xenophobia, racism, ableism, transphobia and many other forms of prejudice toward protected classes.  Counties should remind their staff to be mindful of the additional stress and anxiety of their clients.  CDSS recommends that counties make statements that reaffirm their commitment to civil rights protections both internally among their staff and externally to the public.  CDSS also recommends that counties provide refresher trainings to staff on how to provide service in an inclusive, culturally appropriate and sensitive manner.

Counties should remind staff to use the name provided by a person, even if it is different from the name on their record.  County staff should not make assumptions about a person’s sex, gender, gender identity and/or sexual orientation based on their name, their gender expression, their spouse or partner’s name, or their voice, and should use gender neutral language to foster an inclusive environment, until and unless the individual has identified their gender.

It is important to remind staff that COVID-19 is not linked to any race or nationality, and that stigmatizing people because of race or nationality is unlawful.

Counties must ensure that clients are notified of and can obtain information about programs or program changes, including changes in response to emergencies such as shortening office hours or increasing availability of phone interviews.  Counties must publicize this information in understandable and diverse formats in the threshold languages required by law.  Counties must also adopt communication methods that are understandable to people with intellectual, cognitive and psychosocial impairments.

When offices are closed or have shortened hours, office-related activities must continue to meet accessibility and non-discrimination standards.

Services and programs must remain accessible to people with disabilities as counties make changes during an emergency.  If a county designates a location for pick up/drop off of applications and forms, it must comply with Americans with Disabilities Act regulations for physical accessibility.

During medical emergencies such as COVID-19, if persons are advised to stay home, counties should ensure live or recorded messages are available in American Sign Language, Teletypewriter, and Telecommunications Device for the Deaf, and include captioning.  Counties can also consider designating office hours for people with disabilities or other vulnerable people.

Documents and postings on social media with images should have captions and images should be inclusive and not stigmatize disability.

Counties must continue to provide accommodations for people who have vision, hearing or speech disabilities.  Counties must provide auxiliary aids and services when necessary to communicate effectively.

Counties must continue to offer reasonable accommodations to persons with disabilities.  This obligation does not end at intake.  If a county staff member have actual knowledge of an individual’s disability or an individual’s need for an accommodation is obvious, the staff member must offer to assist the individual in self-identifying the disability and/or appropriate accommodations.  County staff should check for disability indicators in the case file prior to contact with the client.  Reasonable accommodations must be offered regardless of the method of contact. There is no limit on the amount of reasonable accommodation requests a person may make, and each request must be analyzed individually.

Counties must make sure they have adequate qualified interpreters and qualified translation services to assist Limited English Proficient individuals.  Counties must continue to maintain up-to-date lists of bilingual staff and remind staff of how to access these individuals.  Counties must also ensure that staff are trained in accessing alternate interpreter resources, including telephonic or video interpretation.

Clients maintain the right to file a discrimination complaint during an emergency or disaster.  Counties are reminded of their duty to actively receive and process civil rights complaints. Complaints can be made verbally or in writing.  Counties cannot require complainants to complete a form as a condition of filing a complaint.  (ACIN I-69-20, November 9, 2020.)

Extension of deadline to register for stimulus payment to November 21

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The Internal Revenue Service (IRS) has extended the deadline to register for the $1,200 federal stimulus payment.  The non-filer portal to register for a stimulus payment will now be open November 21.

The non-filer portal is for people with income below $24,400 for married couples and $12,200 for singles who cannot be claimed as dependents by someone else.  (IR 2020-229, October 5, 2020 and IR 2020-253, November 9, 2020.)