Refugee Cash Assistance

Treatment of Better for Families Tax Refund, and the Young Child and Foster Youth Tax Credits

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The California Department of Social Services (CDSS) has issued guidance for various programs about the treatment of Better for Families Tax Refund, and the Young Child and Foster Youth Tax Credits.

AB 192 established the Better for Families Tax Refund program, called the middle-class tax refund. SB 201 expanded the definition of a qualified taxpayer to include taxpayers with no earned income and those in foster care between the ages of 18 and 25.

The CalWORKs program treats the Better for Families Tax Refund the same as the federal earned income tax credit. It does not count as income and does not count as a resource for 12 months.  Refunds from the Young Child and Adopted Youth Tax Credit are treated the same as federal earned income refunds and do not count as income, and do not count as a resource for 12 months.

CalFresh and the California Food Assistance Program do not count either the of Better for Families Tax Refund, or the Young Child and Foster Youth Credits as income. CalFresh and the California Food Assistance Program counts them as a resource beginning in the month received. However, most households are in California are not subject to a resource limit because they have either Categorical Eligibility or Modified Categorical Eligibility.

The Better for Families Tax Refund does not count as income for Medi-Cal Modified Adjusted Gross Income (MAGI) applicants or recipients. It will be considered property for non-MAGI Medi-Cal recipients.  Counties are reminded that the property limit for non-MAGI Medi-Cal is now $130,000 for one person and $65,000 for each additional person.

The Department of Health Services (DHCS) is seeking a federal waiver to exempt the Young Child and Foster Youth Tax Credit from being treated as income.

The CalWORKs program rules apply to RCA, ECA, and TCVAP programs, and they must follow the CalWORKs rule above both the Better for Families Tax Refund, and the Young Child and Foster Youth Tax Credits.

The Cash Assistance Program for Immigrants (CAPI) treats both the Better for Families Tax Refunds and the Young Child and Foster Youth Tax Credit in the same way as federal earned income refunds, and federal tax refunds are excluded from counting as income and from the resource limit.  (ACL 22-91, October 28, 2022.)

Reclassifying CalWORKs overpayments during COVID as IPVs

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The California Department of Social Services (CDSS) has issued a clarification that CalWORKs overpayments established during COVID which were originally classified as administrative error must be reclassified as Intentional Program Violation (IPV) if the overpayments are later determined to be fraudulent.

CalWORKs overpayments established on or after August 1, 2021 for the period April, 2020 to or June 30, 2022, must initially be classified as administrative error. However, based on Welfare and Institutions Code section 11004.1, as amended by Senate Bill (SB) 187 (Chapter 50, Statutes of 2022), any of these claims can now be reclassified to IPV if they are later determined to be fraudulent.

Existing processes for issuing adequate and timely notice of action, referring cases to Special Investigations Unit (SIU), and IPV determination are unchanged.

This rule also applies to Refugee Cash Assistance (RCA), Entrant Cash Assistance (ECA), and Trafficking and Crime Victims Assistance Program (TCVAP) cash assistance programs.  (ACL 22-87, October 17, 2022.)

Eligibility for federal benefits for Humanitarian Parolees from Ukraine

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The California Department of Social Services has issued new guidance about eligibility for federal benefits for Humanitarian Parolees from Ukraine.  This guidance supersedes ACIN I-40-22 for federal benefits.

Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 are eligible for CalWORKs, CalFresh, MediCal, SSI, and Refugee Cash Assistance and Office of Refugee Resettlement programs.

A spouse, or child of an Ukranian or Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 is eligible for CalWORKs, CalFresh, MediCal, SSI, and Office of Refugee Resettlement programs.

A parent, legal guardian, or primary caregiver of an unaccompanied refugee minor or an unaccompanied child who is an Ukranian or Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 is eligible for CalWORKs, CalFresh, MediCal, SSI, and Office of Refugee Resettlement programs.

These individual are eligible for benefits until the end of their parole term.

People who adjust their status from humanitarian parolee to Temporary Protected Status are eligible for Refugee Cash Assistance and Office of Refugee Resettlement programs until the end of their parole term after they have exhausted 12 months of Refugee Cash Assistance, whichever is first.  People who enter as Temporary Protected Status without humanitarian parole are ineligible for benefits.

For Refugee Cash Assistance, Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023, the state date for Refugee Cash Assistance is May 21, 2022 or the date of parole, whichever is later. Eligibility for Refugee Cash Assistance is extended to 12 months.

For CalWORKs, submitting the Form I-765 is sufficient verification that the client has met their obligation to apply for a Social Security Number.  If the applicant does not complete the application for a Social Security Number within 30 days of applying, the county will determine if the client has good cause for not having a Social Security Number.  Counties must help the client get verification.

For child support cooperation, counties must inform families of their right to request good cause for non-cooperation.  The circumstances of people from Ukraine may be good cause for non-cooperation.

For Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023, income and resources of a sponsor and a sponsor’s spouse who lives with the sponsor do not count in determining CalWORKs eligibility.

For Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 can be eligible for Homeless Assistance and Housing Support Program.  Homeless Assistance and Housing Support Program can be used to supplement federal refugee resettlement funds.

For CalFresh, Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 are eligible for CalFresh to the same extent as refugees.  They are eligible effective May 21, 2022.  Counties should reach out to people denied under prior policy to inform them that they now may be eligible.  For CalFresh, the household must verify that they have applied for a Social Security Number or show good cause for failure to provide a Social Security Number.

Ukranians and Non-Ukranian individuals paroled into the United States because of the war between February 24, 2022 and September 30, 2023 may be eligible for SSI.  Counties should issue Refugee Cash Assistance until SSI is granted.

Ukranian Humanitarian Parolees who entered the United States prior to February 24, 2022 are not eligible for Refugee Case Assistance or SSI.  (ACWDL, July 6, 2022, chart corrected by ACWDL, July 22, 2022.)

 

Eligibility of Ukranian nationals for federal and state benefits

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THIS LETTER HAS BEEN SUPERCEEDED FOR FEDERAL BENEFITS.  SEE ACWDL, July 6, 2022, summarized here.

The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Ukranian nationals for various public benefits programs.

Ukranian arrivals who have refugee or asylee status qualify for CalWORKs, CalFresh, SSI, and Refugee Cash Assistance (RCA).

Ukranian refugees and asylees are eligible for RCA. Persons with Temporary Protected Status are not eligible for RCA.  Counties must accept a declaration under penalty of perjury of the applicant’s immigration status while documentary verification is pending.

Ukranian nationals who have Temporary Protected Status are not eligible for most federal or state public benefits.

Ukranian humanitarian parolees can be eligible for CalWORKs with state funds.  This is because humanitarian parolees have Permanent Residence Under Color of Law (PRUCOL).  This includes eligibility for Homeless Assistance and Housing Support Program, both of which can supplement federal refugee resettlement funding.

Ukranian humanitarian parolees are eligible for the Cash Assistance Program for Immigrants (CAPI).  They are not eligible for SSI.

Ukranian humanitarian parolees are eligible for CalFresh or California Food Assistance Program (CFAP) if they have been paroled into the United States for at least one year.  Paroled for at least one year means the duration of parole.  A humanitarian parolee is eligible for CalFresh or CFAP from the day they are paroled into the United States if their parole will last at least one year.  Ukranian humanitarian parolees for less than one year are not eligible for CalFresh or CFAP.

Public interest parolees must be admitted to the United States for at least one year and must meet two additional criteria to be eligible for CalFresh, including five years of residence, working 40 quarters, children under age 18, elderly or disabled as defined.  People who do not meet two of the additional criteria can be eligible for CFAP.

Ukranians with refugee, asylee or humanitarian parolee status are eligible for Project Roomkey, Bringing Families Home, Housing and Disability Advocacy Program, and Home Safe.

Ukranian arrivals, including humanitarian parolees, can be eligible for Medi-Cal.

Regardless of the documentation presented, counties must verify immigration status with the SAVE system.  (ACIN I-40-22, April 22, 2022, ACIN I-40-22E, May 24, 2022.)

Extension of COVID-19 flexibilities for Refugee Cash Assistance

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The California Department of Social Services (CDSS) has issued guidance implementing the extension of COVID-19 flexibilities for Refugee Cash Assistance (RCA), Entrant Cash Assistance (ECA), Refugee Support Services (RSS), Services to Older Refugees (SOR), and Trafficking and Crime Victims Assistance Program (TCVAP) Cash Assistance benefits through September 30, 2022.  These waivers include:

  • Allowing verbal attestation for eligibility determinations. This waiver continues flexibility regarding verification of immigration status. This flexibility also applies to arrivals from Afghanistan.
  • Excluding certain types of COVID-19 emergency assistance when determining eligibility and grant amounts. Such assistance is excluded as income, and excluded as an asset for 12 months.
  • Flexibility regarding participation in employment services. Under the waiver for employment services, counties are highly encouraged to continue to use remote case management and learning.
  • providing interim RCA payments for eligible applicants with pending CalWORKs applications who cannot complete application requirements because of COVID-19. When possible, counties must assess and grant good cause instead of interim RCA payments when Social Security Number applications and approvals are delayed because of COVID. However, when good cause is not possible, counties can issue interim RCA payments when CalWORKs approvals are delayed because of COVID.  These COVID-related delays can include inability to apply for or get a Social Security Number because of office closure.

TCVAP follows the same administrative rules as RCA and therefore these waivers also apply to TCVAP.  (ACWDL, March 3, 2022.)

Eligibility of Afghan Humanitarian Parolees and Afghan Special Immigrant Conditional Permanent Residents for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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The California Department of Social Services (CDSS) has provided revised guidance regarding eligibility of Afghan Humanitarian Parolees Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits, and new guidance regarding eligibility for Afghan Special Immigrant Conditional Permanent Residents.  This guidance superceedes ACWDL September 3, 2021.

Afghan Special Immigrant Conditional Permanent Residents and Afghan Special Immigrant Lawful Permanent Residents are eligible for public benefits to the same extent as refugees.  Afghan Special Immigrant Conditional Permanent Residents are persons waiting for medical clearance to enter the United States.

Afghan Humanitarian Parolees, and their spouse and children, are eligible for benefits and services to the same extent as refugees.  They are eligible from October 1, 2021 or the date they are paroled in the United States, whichever is later, to March 31, 2023, or the end of parolees’ parole term, whichever is later.  Benefits that Humanitarian Parolees, and their spouse and children, are eligible for are Refugee Cash Assistance, CalWORKs, CalFresh, SSI, Refugee Support Services, and Services for Older Refugees.  Counties should redetermine eligibility for benefits when parole has expired or by March 31, 2023, whichever is later.

For CalWORKs, Afghan Humanitarian Parolees are not subject to the five-year ban on federally funded CalWORKs benefits.

For CalWORKs, reception and placement cash benefits count as property because they are considered recurring lump sum payments.

Afghan Humanitarian Parolees can be eligible for CalWORKs Housing Support Program.  Housing Support and Homeless Assistance can supplement federal refugee resettlement funds.  (ACWDL, December 2, 2021.)