COVID 19 counting of emergency assistance for SSI

The Social Security Administration (SSA) has issued policy guidance regarding counting of COVID-19 emergency assistance as income or resources for Supplemental Security Income (SSI).  With this guidance, Social Security is lifting the hold on cases involving unemployment, state stimulus payments, and those with any remaining CARES Act stimulus payments.

The following pandemic related assistance types are excluded as income and resources for SSI:  CARES Act, Consolidated Appropriations Act and American Rescue Plan Act stimulus payments; all regular and pandemic unemployment received during the pandemic period,; Paycheck Protection Act and Loan Forgiveness to Employers and Self-Employed persons; Economic Injury Disaster Program loans and grants to employers and self-employed persons,; Tribal payments from the Coronavirus Relief Fund and Coronavirus State and Local Fiscal Recovery Funds; the Golden State Stimulus and Golden State Grant payments; COVID-19 Funeral Assistance; Emergency Rental Assistance Funds; Emergency Assistance for Rural Housing and Rural Rental Assistance; Homeowner Assistance Funds; Housing Assistance and Supportive Services Programs for Native Americans; Higher Education Emergency Relief Funds; Supporting Foster Youth and Families during the Pandemic; COVID-19 Veteran Rapid Retraining Assistance Program; Emergency Assistance to Children and Families through the Pandemic Emergency Assistance Fund; Coronavirus Food Assistance Program Direct Payments to Farmers and Ranchers; Farm Loan Assistance for Socially Disadvantaged Farmers and Ranchers; and USDA Assistance and Support for Socially Disadvantaged Farmers; Ranchers, Forest Land Owners and Operators and Groups.

For state stimulus payments from Maryland and New Mexico are also excluded as income and resources.  Stimulus payments from other states are evaluated by the Social Security regional office.

Benefits that are counted as income and resources are: Paycheck Protection Program Wage Payments to Employees; Economic Injury Disaster Loan Program Wage Payments to Employees; Hazard Duty Pay; Qualified Disaster Distribution or Use of Retirement Funds; and Paid Leave under the Families First Coronavirus Response Act.

Benefits that are excluded as income or resources for reasons other than being disaster relief are: Temporary Expansion of Child Tax Credit for 2021; Qualified Disaster Loans to Retirement Plan Participants; Low Income Home Energy Assistance Program; Low Income Home Water Assistance Program; Corporation for National and Community Service; and Emergency Broadband Benefit.  (EM-20014 REV 3, July 23, 2021, and EM-21050, July 23, 2021.)

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

The California Department of Social Services has extended waiver of CalWORKs pregnancy verification, identity verification, interview and signature requirements until September 30, 2021 based on Executive Order N-08-21.

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.  Pregnancy verification must be provided within 90 days after the California Department of Public Health no longer requires physical distancing.

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 that when verification does not exist a sworn statement is adequate.  Counties cannot deny applications for failure to provide evidence if the county determines that the applicant is making a good faith effort.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crimes Victims Assistance Program.  (ACWDL, July 22, 2021.)

Family Fee Waivers for Child Care and Development programs

Family fees will be waived for all Child Care and Development Programs administered by the California Department of Social Services from July 1, 2021 through June 30, 2022. receiving subsidized child care services. Fees will be waived for a period approved by the Federal Administration for Children and Families, during which contractors shall reimburse the subsidized child care providers for the full amount of the voucher without deducting family fees. Families should not be terminated due to outstanding fees owed for the 2021-22 fiscal year or while repayment plans are on hold. Families disenrolled due to delinquent family fees when family fees are waived may be reinstated. Additionally, contractors must record both collected and waived family fees. (CCB 21-01, July 1, 2021).

COVID-19 end of additional foster care and adoption flexibilities

The California Department of Social Services has issued guidance regarding the end of additional flexibilities in the foster care and adoption program because of COVID-19.

The flexibility to do caseworker visits by videoconference instead of in person will end on July 31, 2021.  After July 31, 2021, family maintenance visits, monthly caseworker visits, visits with foster youth, post-placement supervision of adoptive placements and periodic caseworker visits must now be done in person.

The flexibility for exceptions to in person signing of adoption documents, and face-to-face visits independent adoptions and witnesses for adoption signing document will also end on July 31, 2021 and those requirements are reinstated after July 31, 2021.  (ACL 21-80, July 8, 2021.)

COVID-19 Extension of CalWORKs time on aid exemption

The California Department of Social Services has issued guidance regarding extension of the COVID-19 time on aid exemption from the CalWORKs maximum time on aid.  Months will not count toward the CalWORKs time on aid limit until the 60-month time on aid limit is implemented.  People will remain eligible for CalWORKs as long as they have received less than 48 countable months of CalWORKs.

Note that until June 30, 2021, the COVID-19 time on aid exemption did not apply if the recipient was over either 48 months of CalWORKs or over 60 federal countable months.  Going forward, the COVID-19 time on aid exemption applies if the recipient has received less than 48 CalWORKs countable months, regardless of the number of federally countable months the recipient has received.  (ACL 21-82, July 8, 2021.)

Federal Chafee cash payment for current and former foster youth age 18-26

Current and former foster youth who are or were nonminor dependents (NMD) eligible for Extended Foster Care (EFC) and are between the ages of 18 and 26 are eligible for a supplemental prepaid card, not contingent on opting into EFC. This federal flexibility extends to September 30, 2021. As such, eligibility verifications must be submitted by Friday, September 3, 2021. Those who are eligible but live out of state may receive the supplemental prepaid card if their NMD jurisdiction originated in California. Young adults whose foster care jurisdiction originates in another state but are currently residing in California are eligible if adequate post-18 jurisdiction verification is provided from the originating state. Verification examples include a documented phone call, written statement, or verifiable electronic data match.

CDSS will work with counties on the verification of eligibility and distribution of cash cards for all eligible current and former foster youth. Counties must verify all adults ages 18-20, while the CDSS must reach out to local youth who may not be in contact with their case managers, verify all adults 21 and older, and distribute prepaid cards for all eligible young adults.

These funds are not considered income for purposes of the CalWORKs, CalFresh, Cash Assistance Program for Immigrants (CAPI), CalWORKs Stage 1, and Emergency Child Care Bridge voucher programs, and will not count against the resource limits for 12 months from receipt of the payment.  (ACL 21-73, June 22, 2021).