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

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.)

Changes to CalWORKs eligibility for pregnant persons

Effective July 1, 2022, pregnant CalWORKs recipients with no other eligible children will get an increase on their monthly pregnancy special needs (PSN) payment from $47 to $100.

Previously, pregnant adults age 19 or over with no other eligible children were eligible for CalWORKs benefits beginning of their second trimester of pregnancy, six months before the expected birth date.  Effective July 1, 2022, pregnant persons will be eligible for CalWORKs as of the date of application. They will no longer need to wait until their second trimester to receive CalWORKs and are eligible in their first trimester of pregnancy. 

In addition, medical verification requirements will change to allow recipients to provide a sworn statement or verbal attestation of pregnancy. This sworn statement shall include the applicant’s name, date of application, and declaration of pregnancy. Medical verification of pregnancy must be given to the county within 30 days of sworn statement/verbal attestation. Aid will discontinue with failure to provide medical proof unless the recipient presents evidence of a good-faith effort to provide information to fulfill this requirement. 

Benefits provided to Pregnant teens under the age of 19 or without a high school diploma will remain the same.

If a pregnancy ends before the delivery date, the $100 monthly Pregnancy Special Needs payment will end the month following the date the recipient reports the end of their pregnancy.

Although CalWORKs rules apply to Refugee Cash Assistance (RCA), Entrant Cash Assistance (ECA), and Trafficking and Crime Victims Assistance Program (TCVAP), those programs are intended for families without children.  However, recipients of those benefits can apply for  CalWORKs anytime during their pregnancy.

To be eligible for CalWORKs Home Visiting Program (HVP), an individual must a) be a member of the CalWORKs assistance unit b) The individual is pregnant, or c) the individual is a parent/caretaker relative of a child less than 24 months of age at the time the individual enrolls in the program.  (ACL 21-140, November 18, 2021.)

Eligibility of Afghan Humanitarian Parolees for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

THIS POLICY IS SUPERCEEDED BY ACWDL December 2, 2021, summarized here, for federal benefits.

The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Afghan Humanitarian Parolees Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits.

Humanitarian Parolees are not eligible for Refugee Cash Assistance or any other Office of Refugee Resettlement programs.

Humanitarian Parolees are eligible for CalWORKs from the day they are paroled into the United States.

Humanitarian Parolees are not eligible for Supplemental Security Income (SSI) benefits.  Humanitarian Parolees are eligible for Cash Assistance Program for Immigrants.

Humanitarian Parolees are eligible for CalFresh only if they have been paroled into the United States for at least one year, and, among other factors, have lived in the United States for qualified aliens, have 40 quarters of qualifying work, or are children under age 18.

Humanitarian Parolees are eligible for the California Food Assistance Program when the have been paroled into the United States for one year or more.

Regardless of documentation provided, the county must submit these cases to the SAVE system for immigration status verification. (ACWDL, September 3, 2021 and Errata, September 17, 2021.)

Eligibility of Afghan Special Immigrant Parolees for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Special Immigrant Visa holders and special immigrant parolees in the SQ/SI categories (collectively called Special Immigrant Parolees) from Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits.

Special Immigrant Parolees are eligible for Refugee Cash Assistance, Refugee Medical Assistance and other Office of Refugee Resettlement programs.  A Social Security Number is not required to be eligible for these programs.

Special Immigrant Parolees and their families are eligible for CalWORKs effective on their date of entry to the United States.

Special Immigrant Parolees are eligible for Supplemental Security Income (SSI) benefits.  If for some reason Special Immigrant Parolees are found to be ineligible for SSI, the can be eligible for Cash Assistance Program for Immigrants.

Special Immigrant Parolees are immediately eligible for CalFresh.

Regardless of documentation provided, the county must submit these cases to the SAVE system for immigration status verification.  (ACWDL, August 30, 2021.)

Impact of end federal pandemic unemployment programs impact on CalWORKs and CalFresh

The California Department of Social Services (CDSS) has provided guidance regarding the end of the federal pandemic unemployment programs in CalWORKs and CalFresh.  The programs ending are Pandemic Unemployment Assistance (PUA)(benefits for self-employed and independent contractor workers), Pandemic Emergency Unemployment Compensation (PEUC)(extension benefits), Pandemic Unemployment Compensation (additional benefits because of COVID), Mixed Earner Unemployment Compensation and FED-ED.  These benefits are no longer payable after September 4, 2021, except for FED-ED which is no longer payable after September 11, 2021.

Counties should anticipate an increase in voluntary mid-period reports because of the end of these programs.  These reports may be made in writing, online, verbally, or in person. Counties can act on these reports only if they increase benefits.

For CalWORKs, an increased grant because of decrease in income is effective the first of the month in which the change occurred or is reported, whichever is later.  The recipient must provide verification of the change within 10 days of the county requesting verification.  Adequate verification can include, but is not limited to, a letter from the Employment Development Department, an Income Eligibility Verification System report, or, when other verification does not exist, a sworn statement.  The same rules apply to Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victims Assistance Program.

For CalFresh, when a reported change results in an increase in benefits, the change must be effective no later than the first allotment issued 10 days after the date the change is reported.  Counties cannot request verification unless the income change is over $50 the income source has changed, or the change would results in an increase in benefits.  Counties must inform the household in writing of required verification. (ACWDL, September 3, 2021.)

COVID-19 CalWORKs overpayments

All CalWORKs overpayments established on or after August 1, 2021 for the period April, 2020 to either the end of the COVID-19 state of emergency or June 30, 2022, whichever is earlier, must be classified as administrative error.

Overpayment claims that include any month during the COVID-19 state of emergency must be classified as administrative error, regardless of the cause of the overpayment.  For example, an overpayment from November, 2019 to April, 2020 must be classified as administrative error because one month of the overpayment period is during the COVID-19 state of emergency.

Counties are reminded that unearned income must be paired with earned income for that month to be considered over the Income Reporting Threshold and thus triggering a mid-period reporting obligation.  Counties are also reminded that failure to report a change of address cannot, in and of itself, result in a reduction or termination of aid.  Failure to report an address change cannot be the basis of an overpayment allegation.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program.  (ACL 21-85, August 5, 2021.)