COVID-19 extension of tax intercept suspension

The California Department of Social Services (CDSS) has extended suspension of state tax intercepts for collection of CalWORKs overpayments and CalFresh overissuances until the end of 2020.

The Food and Nutrition Service extended suspension of submission of CalFresh debts to the Treasury Offset Program for federal tax intercept of CalFresh overpayments until August 6, 2020.  California can ask for another 30-day extension.

Refund requests for federal or state tax intercepts that occurred after March 1, 2020 are not mandatory but may be approved on a case-by-case basis following a request from any individual in the former CalWORKs or CalFresh household who has been impacted by COVID-19.  Any refunded debts will remain outstanding and will be collected when CDSS resumes tax intercepts.  (ACWDL, July 30, 2020.)

COVID-19 Homeless Assistance issuance

The California Department of Social Services (CDSS) reminds counties that despite any changes to county operations because of COVID-19, families must be able to apply for Homeless Assistance benefits during normal business hours.  Payment for temporary Homeless Assistance must be approved and issued, or denied, within the same day that the family applies.  For permanent Homeless Assistance, the county must issue or deny payment within one business day of receiving all required information.

Families can receive the 16 days permanent Homeless Assistance in one lump sum if homelessness is because of a state or federally declared natural disaster.  Counties can accept sworn statements as verification that Homeless Assistance funds were properly spent, or counties can grant good cause for not providing paper verification.  Homeless Assistance applications are not required to be made in person or include a face-to-face interview.  Counties can complete the application on behalf of the family and electronic signatures are allowed.

Until the end of the COVID-19 State of Emergency or Executive Order N-71-20 is rescinded, whichever is earlier, the county can accept verbal attestation if the county cannot accept, or the applicant cannot provide, and a physical or electronic signature.

Homeless Assistance payments must be issued to clients in the manner the client requests.  The family can ask that payments go directly to the family or to providers of temporary housing, permanent housing or utilities.  In the event of funds mismanagement, clients are still entitled to their Homeless Assistance benefits.  Counties should consider issuing benefits on an EBT card if it is not possible to issue a vendor payment within the required timeframes if there is a mismanagement issue.

Families without mailing addresses who list the county office as their mailing address for their benefits must have timely access to their mail despite office closures or reduced hours.  All clients, including those without residential mailing addresses, must get their Homeless Assistance withing the legal timeframes.  (ACIN I-57-20, July 28, 2020.)

COVID-19 CalWORKs Welfare-to-Work good cause and sanction cure

The California Department of Social Services (CDSS) encourages counties to reach out to sanctioned to sanctioned individuals to determine if sanctions can be cured with alternative activities or with good cause and to use flexibilities in ACWDL, March 30, 2020, summarized here, and extended in ACWDL, June 29, 2020, summarized here.  When doing this outreach, counties can ask whether an individual should be exempt from Welfare-to-Work.  Sanctioned individuals who are exempt will have aid restored without the need for a cure plan.

For sanctioned clients who now have good cause because of COVID-19, or whose cure plan contains activities that are no longer available or appropriate, counties should implement cure plans stating that the activity the client failed to perform is not available because of COVID-19.  The cure plan can specify an alternative activity.  When another activity is not practical because of COVID-19, counties may implement cure plans reflecting the lack of appropriate activities and stating the client temporary has good cause not to participate.

Until August 31, 2020, counties can implement temporary, blanket good cause to suspend Welfare-to-Work requirements.

For individuals in the noncompliance process, counties should make all attempts to avoid sanctions by offering other available and appropriate (online or alternative) activities.  Counties can grant good cause on a case-by-case basis or in accordance with a blanket good cause policy.

Until August 31, 2020, counties may use phone interviews, mail-in plans, digital signatures and all electronic means available.  If the county cannot accept telephonic or electronic signatures, individuals may verbally attest to the information the cure plan prior to providing a wet signature.

If necessary supportive services are not available, the individual has good cause for not participating in Welfare-to-Work.  Counties should consider that many schools and daycares are closed because of COVID-19 when determining good cause and curing an individual’s sanction.  (ACIN I-59-20, July 24, 2020.)

COVID-19 CalFresh interview waiver extended through August

The federal waiver for not conducting CalFresh initial application and recertification interviews has now been extended through August 31, 2020.  This is a reversal of the initial denial of California’s request to extend the interview waiver through July. Now, counties are not required to conduct interviews for CalFresh applications and recertification during July, 2020 except under specified circumstances.  For details about this waivers, see ACWDL April 2, 2020, summarized here.  (ACWDL, July 24, 2020.)

COVID-19 extension of CalWORKs pregnancy verification, identity verification, interview and signature requirements

The California Department of Social Services (CDSS) has issued guidance implementing Executive Order N-71-20 which extends flexibility regarding pregnancy verification, identity verification, interview and signature requirements until the end of the State of Emergency or the governor modifies or rescinds Executive Order N-71-20, whichever is sooner.

For aid to a pregnant person in a family that does not include another child, applicants can submit a sworn statement verifying pregnancy when medical verification of pregnancy cannot be provided.  Applicants who cannot provide either medical verification or a sworn statement can provide verbal attestation and medical verification within 30 days.  If after 30 days the applicant presents evidence of good-faith efforts to obtain and submit medical verification, the county must continue aid.

In general, applicants must present photo identification in person before aid can be granted.  A sworn affidavit is acceptable but individuals must present photo identification within 30 days for aid to continue.  If county offices are closed because of COVID-19, aid will continue until the applicant can submit photo identification in person without needing to present evidence of good faith efforts to obtain or submit photo identification.   Applicants will be asked to submit photo identification electronically and to present photo identification in person within 90 days after the California Department of Public Health no longer requires physical distancing.

The requirement for signatures on the CalWORKs application and Rights and Responsibilities form is waived.  When a telephonic or electronic signature is unavailable, the county can document verbal attestation in the case file.  Following verbal attestation, the county must mail the Statement of Facts to the client to be returned via U.S. Mail within 30 working days.  If the applicant presents evidence of good faith efforts to submit the wet signature by mail, the county must continue aid.

The requirement for an interview for applicants is suspended for applicants whose identity has been verified and who have submitted all required verification.  This includes requests for immediate need.

Counties are reminded to use electronic verification when available.  When verification does not exist a sworn statement is adequate except for verification of citizenship.  If required verification exists, it must be submitted to waive the interview requirement.  However, counties cannot deny applications for failure to provide evidence if the county determines that the applicant is making a good faith effort to obtain the evidence.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crimes Victims Assistance Program.  (ACWDL, July 16, 2020.)

COVID-19 CalFresh waiver extension and end of CalFresh interview waivers

California had three federal waivers for CalFresh because of COVID-19.  The federal waivers for not conducting a face-to-face interview even on request of the applicant, and not requiring requiring specific recording equipment for telephonic signatures are extended until the end of the COVID-19 national emergency.  However, the federal waiver for not conducting CalFresh  initial application and recertification interviews has not been extended.  As a result, counties must begin conducting initial application and recertification interviews no later than August 1, 2020.  For details about these waivers, see ACWDL April 2, 2020, summarized here, and ACWDL May 28, 2020, summarized here.  (ACWDL, July 16, 2020.)