CalWORKs, CalFresh, RCA/ECA and TCVAP guidance regarding California wildfires

The California Department of Social Services (CDSS) has issued guidance flexibility for counties serving communities affected by wildfires.

If a county office closes during regular business hours, they must make it possible for people to apply for and receive CalWORKs, CalFresh, Refugee Cash Assistance/Entrant Cash Assistance (RCA/ECA) and Trafficking and Crime Victims Assistance Program (TCVAP) including emergency benefits, within timeframes required by state and federal law.  Counties must also provide notice of their hours of operation, and the procedures for applying for and receiving benefits when the office is closed.

For CalWORKs, for evacuees who apply for CalWORKs, if the applicant and the county make a good faith effort to obtain verification and are unable to do so, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.  If a social security number is unavailable, the individual must apply to the Social Security Administration for a new card and provide verification the completed application.  If the applicant has attempted in good faith to get verification but cannot, the county must temporary accept the evacuee’s statement under penalty of perjury.

When an individual or family displaced by fires applies for CalWORKs, counties must establish that the evacuee was living in a county designated as a federal disaster and/or state-declared emergency zone and ask if the evacuee or anyone else in their family is receiving CalWORKs from that county or another disaster county.

Counties are encouraged to offer CalWORKs diversion to evacuees to address their specific crisis or item of need.

Disaster assistance from federal, state or local government or disaster assistance organizations is excluded from consideration as income for CalWORKs.

For new applicants, evacuees should be informed pf the option to apply for temporary and permanent homeless assistance.  Applicant families are entitled to an exception to the one-every-twelve months limit because of a disaster.  When homelessness is the result of a state or federally declared disaster, the county may issue all 16 days of temporary homeless assistance in one lump sum payment.  If homelessness is caused by a disaster, the family is entitled to 16 days o disaster homeless assistance and then 16 days of regular homeless assistance.  Counties are also encouraged to refer clients to the Housing Support Program when a family is approved for CalWORKs.

Evacuee families should be evaluated for CalWORKs immediate need.  In determining eligibility for immediate need, liquid resources only include items that are immediately available.  Many evacuees may not be able to convert resources to cash prior to or after evacuation.

In counting income, some evacuees will no longer have income that is reasonably anticipated because of the disaster.

In counting property, only real and personal property that is actually available is considered for CalWORKs eligibility.  Many evacuees will not be able to access, occupy or sell their property at the time of application because of the disaster.  The county must consider the applicant’s ability and circumstances in meeting property provisions.

For families temporarily separated because of the disaster, a family member is considered temporary absent if they expect to reunite within one full calendar month.  CalWORKs recipients can maintain a home in a different county than the county they are physically residing in if they intend to return to that home within four months.

Counties should make a good cause determination for welfare-to-work nonparticipation in welfare-to-work activities.  Counties should also determine if an applicant needs barrier removal services such as mental health services or housing stabilization program services and provide these services as expeditiously as possible.

Current RCA/ECA and TCVAP recipients are eligible for the same waivers of existing rules as CalWORKs recipients.

Note that applicants for RCA/ECA and TCVAP are not required to provide Social Security Numbers.

RCA/ECA and TCVAP applicants impacted by the fires should be evaluated for an expedited emergency payment.

For CalFresh, counties statewide must serve displaced households under regular eligibility rules, including expedited service, regardless of whether the household is a permanent resident of the county of application.  When verification of residency is impossible, the county must accept self-certification.  Counties cannot impose a length of residency.  If the displaced household cannot provide necessary verification, self-certification or an affidavit can be used in place of the requested verification.

For recipients, food lost due to household misfortune, including fire, flood or loss of electricity, can be replaced.  CalFresh household must report the loss to the county within 10 days of the loss unless the county has been approved for an extension of timely reporting rules.  (ACWDL, September 1, 2020.)

COVID-19 extension of suspension of CalWORKs time on aid and verification requirements

The California Department of Social Services has issued guidance implementing Executive Order N-69-20 which extends several COVID-19 changes to the CalWORKs program.

The CalWORKs 48-month time on aid clock will remain stopped through August, 2020.  The requirement for providing medical verification of pregnancy before approving benefits continues to be suspended until August 14, 2020.  The requirement for CalWORKs applicants to provide photo identification continues to be suspended until August 14, 2020.  The requirement for signatures on the application and rights and responsibilities forms continues to be suspended until August 14, 2020.  The requirement that CalWORKs applicants be personally interviewed before being approved for benefits continues to be suspended until August 14, 2020.  Details about the verification suspension are in All County Welfare Directors Letter May 4, 2020, summarized here.

The verification suspension also applies to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program.  (ACWDL, June 16, 2020.)

COVID-19 extension of RCA, ECA and TCVAP eligibility

The California Department of Social Services (CDSS) has issued guidance regarding extension of eligibility for Refugee Cash Assistance (RCA), Entrant Cash Assistance (ECA) and Trafficking and Crime Victims Assistance Program (TCVAP) until beyond the 8-month time limit until September 30, 2020.

RCA, ECA and TCVAP provide cash benefits to various refugee and immigrant populations for 8 months.  The programs generally follow eligibility rules for CalWORKs.  Note that applicants and recipients of these programs are not required to provide a Social Security Number.

ECA, RCA and TCVAP are now extended until September 30, 2020 for recipients whose date of eligibility is between April 1, 2019, and February 1, 2020.  For recipients who received their either month of benefits in May, 2020 or will reach the 8 month limit between June 1, 2020 and September 30, 2020, benefits will continue until September 30, 2020.  For such recipients who reached their 8 month limit or were discontinued because of noncompliance, counties can extend benefits until September 30, 2020 if clients reapply and meet eligibility requirements. Counties are encouraged to contact clients to inform them they may be eligible and can reapply.  (ACWDL, June 11, 2020.)

MBSAC increase

The California Department of Social Services (CDSS) has informed counties that the CalWORKs Minimum Basic Standard of Care (MBSAC) will increase by 3.72% effective July 1, 2020.  This will increase the MBSAC in Region 1 to $741 for a 1 one person assistance unit, $1,216 for a 2 person assistance unit, $1,507 for a 3 person assistance unit and increasing with increases in assistance unit size.  The MBSAC for Region 2 will increase to $703 for a 1 one person assistance unit, $1,155 for a 2 person assistance unit, $1,430 for a 3 person assistance unit and increasing with increases in assistance unit size.

The same increase will apply to the MBSAC for Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program.  The same increase will apply to the CalWORKs Income in-kind level.  (ACL 20-60, May 29, 2020.)

COVID-19 new unemployment programs as income for CalWORKs

The California Department of Social Services (CDSS) has issued guidance regarding counting Pandemic Unemployment Compensation (PUC), Pandemic Emergency Unemployment Compensation (PEUC) and Pandemic Unemployment Assistance (PUA) as income for CalWORKs.

PUC is an extra $600 per week of regular unemployment insurance through July 31, 2020.  Pursuant to Executive Order N-59-20, PUC is exempt as income for CalWORKs recipients.  However, PUC counts as income for CalWORKs applicants.

PEUC is an additional 13 weeks of unemployment insurance for people who have exhausted regular unemployment insurance through December 31, 2020.  PUA is unemployment payments for persons not otherwise eligible for regular unemployment insurance including self-employed persons and independent contractors who are unemployed as a result of COVID-19.  PEUC and PUA are not exempt for purposes of CalWORKs and they count as unearned income.

This guidance also applies to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance program.  (ACWDL, May 5, 2020.)

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

The California Department of Social Services (CDSS) has issued guidance implementing Executive Order N-59-20.  This guidance expires on June 30, 2020.

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, May 4, 2020.)