Entrant Cash Assistance

Changes to CalWORKs recipient financial eligibility test

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The California Department of Social Services (CDSS) has issued guidance regarding continuing financial eligibility for CalWORKs recipients.  When a family receiving CalWORKs has an income increase that takes over 130% of the Federal Poverty Level (the Income Reporting Threshold or IRT), they must report that to the county.  This is a report that must be made mid-period when it happens, this is between required semi-annual reports.

Counties must now determine continuing eligibility after an income report of income report determining: 1) whether the income is over the IRT; 2) if it is over the IRT, is it reasonable anticipated to continue; 3) if it is does the income reported, minus any of that income which is exempt from consideration for CalWORKs purposes, is more than the IRT.  If it is, the CalWORKs grant will be recalculated accordingly.  The critical change is subtracting any exempt income before redetermining eligibility and benefit amount.

Families must continue to report when their total gross and unearned income exceeds the IRT, but continuing financial eligibility will be determined after determining if the income is reasonably anticipated to continue, and whether it exceeds the IRT after subtracting exempt income.

This change also applies to Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victim Assistance Program benefits.  (ACL 23-96, December 26, 2023.)

Prepopulated SAR 7

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The California Department of Social Services (CDSS) has developed a new SAR 7 semi-annual report form.  Effective the date automation is complete, counties must provide the new SAR 7 form prepopulated to recipients of CalWORKs, CalFresh, California Food Assistance Program, Refugee Cash Assistance, Trafficking and Crime Victims Assistance Program, and Entrant Cash Assistance.

CDSS also has a blank version of the new SAR 7 form to be made available in welfare department lobbies and online for on demand access.  For cash aid recipients, counties must also provide the new Domestic Abuse Addendum.

Most households are required to submit a report six months after benefits are granted, and six months after completing annual recertification.  Elderly and disabled households that do not have earned income are not required to submit semi-annual reports.

Counties must continue to provide the SAR forms to the household by mail, email or in person by so that it is received by the 5th day of the month it is due.

For CalFresh households, changes in immigration status, student status, fleeing felon status or a violation of probation or parole, are not required to be reported on the semi-annual report and the new SAR 7 does not ask those questions.

For CalWORKs and other cash aid, effective the date the prepopulated SAR 7 is automated, property and/or resources will no longer be evaluated semi-annually.  Property and resources will only be evaluated at application and annual redetermination.

The new SAR 7 form includes questions about exemptions from the Able-Bodies Adults Without Dependents (ABAWD rules because federal rules require that screening (and it will be needed if the ABAWD rules become effective again in California at some point in the future).

The new SAR 7DA allows households to disclose any history of domestic abuse in order to receive services or assistance.  Information about domestic abuse cannot be released to any outside party, agency, or county employee who is not directly involved in the case unless the information is required to be disclosed to law enforcement or the recipient gives written authorization.  When an individual completes the SAR 7DA, the county must privately contact them to provide information, resources or needed accommodations.

The SAR 7DA can only be released as part of an intercounty transfer if the recipient has signed a WTW 37 release form.

The disability question on the SAR 7/SAR 7B allows disclosure of a disability or a request for assistance because of a disability.  When households report having a disability or state that they need assistance because of a disability, counties must contact the household to assist and provide information, resources or needed accommodations.

When a household checks the “I am homeless” box, counties are strongly encouraged to screen households for homeless assistance or other available services, and to identify eligibility for an ABAWD exemption when necessary.  (ACL 24-06, February 2, 2024.)

Changes to RCA, ECA and TCVAP

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The California Department of Social Services (CDSS) informs counties about the effect of various CalWORKs changes on the Refugee Cash Assistance (RCA) program, Entrant Cash Assistance (ECA) program and Trafficking and Crime Victims Protection Act (TCVAP) benefits.  In general, CalWORKs financial eligibility and payment rules apply to RCA, ECA and TCVAP.

Paid Family Leave (PFL) benefits now are considered disability-based unearned income for purposes of CalWORKs.  PFL benefits fall under the CalWORKs disability-based unearned income disregard.  As a result, PFL benefits also fall under the RCA, ECA and TCVAP disability-based unearned income disregard.

PFL benefits are also a CalWORKs 60-mont time on aid limit time limit clock stopper. However, PFL benefits do not stop the 12-month eligibility time limit for RCA, ECA and TCVAP.

RCA, ECA and TCVAP applicants who are 16 or 17 years old, and are full time students are exempt from employment registration.  Parents under age 20 are also exempt from employment registration.  Because of a change in CalWORKs law, an individual who loses this exemption may again receive it if they resume full-time school attendance if they are otherwise eligible.

Counties can exempt RCA, ECA and TCVAP recipients from employment registration for good cause.  Because of a change in CalWORKs law, these good cause reasons have been expanded to include that hours of employment are unpredictable,  the recipient has one of a 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.  (See ACL 23-30, summarized here.)  (ACL 23-95, November 14. 2023.)

Withdrawing state hearing requests

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California Department of Social Services (CDSS) State Hearings Division (SHD) has issued instructions regarding withdrawing of a state hearing request.  A claimant or the Authorized Representative can withdraw a hearing request any time before a decision is issued.

A withdrawal can be unconditional or conditional.  An unconditional withdrawal is a complete retraction of the hearing request without conditions.  There are three ways to unconditionally withdraw a hearing request.  A claimant can request an unconditional withdrawal in the ACMS computer system if they have an account.  A claimant can submit a request to unconditionally withdraw their hearing by mail, fax or email.  A claimant can submit a verbal request to unconditionally withdraw their hearing request using the Interactive Voice Response (IVR) system or by telephone.  SHD will send a letter to the claimant confirming the unconditional withdrawal request.

The opposing party may be aware that the claimant wants to unconditionally withdraw their hearing request.  If the opposing party tells SHD that the claimant or their Authorized Representative wants to unconditionally withdraw a hearing request, SHD will contact the clamant to confirm their intent to unconditionally withdraw their hearing request. If the claimant has any questions, SHD will tell the claimant to talk to the opposing party.  If the claimant or Authorized Representative confirms that they want to unconditionally withdraw the hearing request, SHD will enter the withdrawal in ACMS and will send the claimant a letter confirming the unconditional withdrawal.

A conditional withdrawal is a retraction of the hearing request based on the opposing party’s agreement to certain actions to resolve the case.  A conditional withdrawal must be in writing signed by the claimant or their Authorized Representative.

SHD will accept any conditional withdrawal request that is submitted by mail, fax, email, text, IVR, phone, or uploaded to ACMS, that includes written terms and is signed by the opposing party and the claimant.  These methods are considered to be a valid electronic signature.

A claimant or Authorized Representative can confirm a conditional withdrawal by phone with SHD.  The opposing party must contact the claimant to confirm the agreement.  The opposing party cannot rely on a telephonic signature unless they have gotten the claimant’s consent.  If the opposing party parts gets consent, they must upload the terms to ACMS.  SHD will then contact the claimant to confirm the terms.

The claimant or Authorized Representative can use the SHD IVR to state the terms of a conditional withdrawal.  If the opposing party has their own IVR, it can upload a recording of the terms to ACMS.  The agreement must state that the parties complete all terms within 30 days.

If the case has multiple opposing parties, all parties must consent to the conditional withdrawal.

When a case is withdrawn, SHD will notify all parties that the hearing request has been dismissed.

If the claimant or Authorized Representative does not appear at the hearing and a conditional withdrawal has not been processed, SHD will dismiss the case.

A party can withdraw a rehearing request any time before SHD acts on it.  After a rehearing request has been granted, the claimant can withdraw it with the approval of the Chief Administrative Law Judge.  The parties can submit a conditional withdrawal to resolve the case after rehearing is granted.  SHD will review the terms to ensure that all issues in the rehearing are addressed, and then will forward the request to the Chief Administrative Law Judge for approval.  (ACL 23-82, September 19, 2023.)

 

Additions to county web pages regarding programs for immigrants

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The California Department of Social Services (CDSS) has issued guidance regarding revising or adding information to county websites regarding programs available for Refugees; Asylees; Cuban/Haitian Entrants; certain Humanitarian Parolees; Special Immigrant Visa Holders; Amerasians; and Noncitizen Victims of Human Trafficking, Domestic Violence, and Other Serious Crimes populations.

County webpages must include CalWORKs, CAPI, RCA, TCVAP, and all county programs available for Refugees; Asylees; Cuban/Haitian Entrants; certain Humanitarian Parolees; Special Immigrant Visa Holders; Amerasians; and Noncitizen Victims of Human Trafficking, Domestic Violence, and Other Serious Crimes. Counties that do not have this information on their webpages should include it as soon as possible.  Counties that do not have this information on their webpage should notify CDSS as soon as the webpage updates are completed, but no later than December 1, 2023.

The information in the website should be clear and in plain language, with simple instructions about how to apply for benefits. Information on how to apply for programs should include both the link to BenefitsCal and a description of other ways to apply, such as applying in person at their respective CWD offices.

For CalWORKs, counties should review their public-facing websites on a regular basis to ensure that content is accurate, and contains plain language information about how to apply, and services and services available through CalWORKs.

For the Cash Assistance Program for Immigrants (CAPI), county websites must direct CAPI applicants to the county social services office to apply in person because the CAPI application is not available in BenefitsCal.

For Refugee Cash Assistance, and Trafficking and Crime Victims Protection Act (TCVAP), applicants who have minor children should be evaluated for CalWORKs first.  If they are ineligible for CalWORKs, or they do not have minor children, they should be evaluated for RCA and TCVAP.

Counties should notify CDSS as soon as their websites are updated, but no later then December 1, 2023.  (ACWDL, October 19, 2023.)

New NA Back 9 form

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The California Department of Social Services (CDSS) has issued a revised version of the NA Back 9 form, which is the form on the back of every Notice of Action for a CDSS administered program about hearing rights and how to request a hearing.  The new NA Back 9 form includes the ability to request a preferred hearing modality, instructions on submitting hearing requests online or by email, and information about on-line hearings accounts.

Counties must begin using the new NA Back 9 form when automation in the CalSAWS computer system is complete.  All county generated notices must include the revised NA Back 9 after it is programmed into CalSAWS.  CDSS does not state when to expect the revised NA Back 9 to be programmed into CalSAWS or state a deadline for that programming.

Counties must include the local legal aid office(s) in the “Get Help” section of the new NA Back 9.

Agencies that use a form other than the NA Back 9 to request a hearing must have those forms reviewed and approved by the CDSS State Hearings Division.  (ACL 23-81, September 19, 2023.)