TCVAP

Treatment of CAPP payments for various programs

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The California Department of Social Services (CDSS) has issued guidance to County Welfare Departments (CWDs) regarding treatment of California Arrearages Payment Program (CAPP) payments issued to California assistance program applicants and recipients to help pay eligible past due energy bills that increased during the COVID-19 pandemic

CAPP payments do not count as income when determining eligibility and/or grant amount for the CalWORKs program and do not count against the resource limit for the 12 months after receipt of payment. Furthermore, CAPP authorized payments are not considered in-kind income for CalWORKs recipients.

For both CalFresh and the California Food Assistance Program (CFAP), CAPP payments are considered third-party payments that are not owed to the household and therefore are not counted income. CAPP payments are not considered resources for CalFresh and CFAP.

For Modified Adjusted Gross Income (MAGI) Medi-Cal, CAPP payments are treated as a qualified disaster relief payment similar to other disaster payments that the IRS exempts from gross income. This means that CAPP payments are not counted in the MAGI Medi-Cal eligibility determination. For Non-MAGI Medi-Cal, CAPP payments are considered exempt disaster and emergency assistance and do not count as income or a resource.

CAPP payments do not count as income for the Cash Assistance Programs for Immigrants (CAPI), because they are considered to be a tax refund. CAPP payments do not count as a resource for CAPI for the 12 months after the payment is made.

RCA, ECA, and TCVAP programs do not count CAPP payments as income and do not count as a resource limit for 12 months after receipt of the payment because their programs use the same rules as CalWORKs. (ACL 22-83, October 21, 2022.)

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.)

Duties regarding county Statement of Position to Limited English Proficient claimants

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County hearings representative for both California Department of Social Services (CDSS) and Department of Health Care Services (DHCS) programs must enclose the GEN 1365 Notice of Language Services form with the Statement of Position.  For non-county administered DHCS programs, county hearings representatives must enclose the DHCS Non-Discrimination Policy and Language Access Process document.

CDSS is working on a new version of the GEN 1365 specifically for fair hearings that will be released soon.

When the applicant or recipient indicates their preference for communication in a language other than English, counties must provide forms in that language when the translation is provided by CDSS or DHCS in that language.  Counties must provide oral interpretation services of any document on request, including non-standardized forms and individually tailored documents.  If requested, the county or agency must provide an oral interpretation of the Statement of Position, including any exhibits attached to the Statement of Position, at least two days before the hearing.

When the county is aware of the need for assistance in a language that is not listed in the GEN 1365, the county or agency should attempt to inform the claimant of how to get a free oral interpretation of the Statement of Position in the claimant’s preferred language.  (ACL 22-56, July 8, 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.)

Instructions on interpreter services and confidentiality agreement

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County welfare departments must offer free bilingual or interpreter services to all non-English speaking or limited English proficient persons. The California Department of Social Services (CDSS) has issued a new form, the CR 6181, to inform non-English speaking or limited English proficient persons of the risks of using their own interpreter instead of using a free interpreter provided the county.  Counties must use this form when applicants or recipients choose to use their own interpreter after being offer a free interpreter by the county.  The CR 6181 form replaces any county form previously used for this purpose.

The county must ensure that the applicant or recipient and their interpreter have read and understood the CR 6181 form.  The county must provide the CR 6181 form in the applicant or recipient’s primary language (if it has been translated into that language), and provide an interpreter to help with understanding the form.   If the applicant/recipient or their interpreter refuse to sign the form, the county must use a county-provided interpreter or bilingual staff member.

The form must be completed at redetermination, if it was signed over a year previous, or if the applicant/recipient chooses a different interpreter.

For telephone or virtual communication, the county must use a county provided interpreter unless a CR 6181 is already on file.  If there is a CR 6181 on file, the applicant/recipient can use their own interpreter.  If there is not a CR 6181 on file, it was signed over a year previous, or a different interpreter was named on the form, the county must read the form to the applicant/recipient in their primary language age get verbal consent to the risks of using their own interpreter.

The CR 6181 does not replace the GEN 1365 Notice of Language Services which informs individuals of their right to free language assistance services.  Counties are reminded that they must advise clients of their right to a free interpreter, and must provide interpreter services promptly and without delay.  Although clients can use their own interpreter, a county must not compel or encourage them to do so.  A client can use a minor as an interpreter only in extenuating circumstances.  (ACL 21-128, November 12, 2021.)