TCVAP

Waivers and flexibilities for application for RCA, ECA, TCVAP and RSS

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The California Department of Social Services (CDSS) has issued guidance regarding waivers and flexibilities that apply to Refugee Cash Assistance (RCA), Entrant Cash Assistance (ECA), Trafficking and Crime Victims Assistance Program (TCVAP), Refugee Support Services (RSS), and RSS set aside programs, such as Services to Older Refugees (SOR). The waiver and flexibility policies were issued in Office of Refugee Resettlement (ORR) letter 23-01.

The waivers and flexibilities are effective beginning October 1, 2021 through September 30, 2023 when they will automatically expire, without further notice. Once expired, waivers and flexibilities will no longer apply unless further extended by CDSS.

The requirement for written declarations from applicants of their immigration status has been waived to provide states time to increase their capacity to serve the influx populations. The process for obtaining the declarations may be conducted over the phone. Verbal declarations must be supported by a written declaration as soon as possible. If unable to meet in-person with applicants, counties can confirm immigrant status eligibility through a database or other electronic means without first checking documentation. A eligibility determination may be made if the declaration shows the applicant has the status or category that confers eligibility for services. Applicants must provide proof of their immigration status within 90 days of making a written or verbal declaration.

The determination that an applicant is not eligible for TANF/CalWORKs prior to providing RCA benefits has been waived in order to allow recipients to receive benefits and services while waiting for approval for TANF/CalWORKs. This includes inability to apply for or receive a Social Security Number.  If, however, the recipient of RCA benefits is later approved for TANF/CalWORKs and given retroactive payments, they must pay back the funds given to them through RCA. Counties should inform applicants about this possibility of recoupment. Counties must ensure that RCA benefits are discontinued for clients who are approved for TANF/CalWORKs before their eligibility for RCA ends.

Recipients of RCA funds must enroll or be referred to employment services within 30 days after issuance. CWDs may use virtual means to provide employment services only when it is in the best interest of the recipients.  Virtual services should be complementary to in-person instruction.

The eligibility criteria (except immigrant status/category) for ECA for Cuban Haitian Entrants is the same as RCA.  Therefore, the ECA program receives the same flexibilities and waivers as the RCA program. Similarly, the eligibility criteria (except legal status) for TCVAP are the same as RCA and as such the same flexibilities and waivers apply.  (ACWDL, July 14, 2023.)

General overview of Refugee Cash Assistance and Trafficking and Crime Victims Assistance Program

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California Department of Social Services (CDSS) has issued a general overview of the Refugee Cash Assistance (RCA) program and Trafficking and Crime Victims Assistance Program (TCVAP).

RCA is a federally-funded, 12-month cash assistance program available for non-citizen populations who are not otherwise eligible for cash aid. The state may operate a publicly-administered RCA program consistent with CalWORKs where program regulations relating to financial eligibility and payments apply, unless specifically superseded by RCA regulations.

RCA benefits are available to refugees, asylees, Cuban and Haitian Entrants, certified survivors of human trafficking, and Iraqi or Afghan Special Immigrant Visa holders.

Although humanitarian parolees are generally not eligible for federal public benefits, including RCA, Afghan Humanitarian Parolees (AHP), Cuban and Haitian Entrant Humanitarian Parolees (CHP and HHP), and Ukrainian Humanitarian Parolees (UHP) are now eligible.

Cuban and Haitian Entrant Humanitarian Parolees (CHP and HHP) previously received benefits from the Entrant Cash Assistance program. They do not meet the requirements for other state or federal cash assistance programs. The term “Cuban or Haitian Entrant” refers to benefit eligibility rather than an immigration status. Cuban-Haitian Entrants may be eligible for certain federal public benefits, including Medicaid, Refugee Cash and Medical Assistance, Refugee Social Services, Social Security, SSI, SNAP, TANF, and Federal Student Aid.

Cuban or Haitian Entrants must meet all RCA eligibility criteria except for refugee status. The twelve month time eligibility starts the date of parole, and they retain eligibility for services even if their parole status expires prior to the end of the twelve month time eligibility.

Refugees awarded RCA benefits and services must participate in employment services (unless exempt or found to have good cause) and other social services designed to assist them in becoming self-sufficient. Recipients must provide proof of registration and participation in CDSS or other county-approved employment services. If CDSS or county approved programs are unavailable, recipients must be referred to EDD for registration.

Individuals must be given the opportunity to apply for cash assistance and counties must determine eligibility no more than 30 days from date of application, including an evaluation of immediate need. In order to avoid RCA overpayments, counties should contact resettlement agencies that may assist refugees to find out what assistance they are providing to the refugee and possible Matching Grant enrollment. Participants in Matching Grant programs are not eligible to receive RCA. Refugees who lose contact with their sponsor may be granted RCA until they have another sponsor.

RCA applicants are not required to disclose their Social Security Number, but counties may ask them to voluntarily do so.

For information regarding required immigration documents, verifying the entry and eligibility dates and other specific program information for the eligible arrivals, refer to ORR PL 16-01 and the corresponding ORR Documentation Guide. If the county is unable to confirm immigration status, a written declaration under penalty of perjury may permitted and benefits issued while using other methods, such as SAVE, to verify information.

TCVAP is a state-funded program that provides critical support, benefits, and services to non-citizen victims of human trafficking, domestic violence, and other serious crimes who are not eligible for federally-funded benefits and services. TCVAP is available for holders of a nonimmigrant T-Visa or U-Visa which allows them to remain in the U.S. while cooperating with law enforcement in investigations and/or prosecution of the perpetrator. TCVAP is also available for victims who have a Continued Presence (CP) designation. CP designation is for victims of a “severe form of trafficking in persons” who may be potential victims. CP allows victims to remain in the U.S. temporarily and find employment while the investigations and any civil actions against their traffickers are ongoing. TCVAP benefits and services are state-funded equivalents of RCA and Refugee Support Services (RSS).

Eligibility for TCVAP benefits and services is dependent on applicants establishing that they are a victim of a severe form of human trafficking, domestic violence, or other serious crimes. Applicants must make a sworn statement or have documentation showing that they are a victim of a severe form of human trafficking, and show they meet the income and resource limitations. In addition, applicants must be able to show they are taking steps to meet eligibility conditions for federal benefits such as applying for a T-Visa with USCIS.

TCVAP recipients must participate in employment services, unless exempt or found to have good cause, and other social services designed to assist them in becoming self-sufficient. Recipients must provide proof of registration and participation in CDSS or other county-approved employment services. If CDSS or county-approved programs are unavailable, recipients must be referred to EDD for registration.

TCVAP also provides benefits and services to noncitizen victims of domestic violence or other serious crimes. The U Visa is available to noncitizen victims of qualifying crimes who have suffered mental or physical abuse as a result of having been a victim of criminal activity; have information about the criminal activity; and were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. Applicants are eligible for TCVAP if they have filed an application for a U-Visa or have been granted a U-Visa and meet the income and resource limitations.

Eligibility for state-funded benefits and services are extended to domestic violence and other serious crimes victims who have filed an application for a U-Visa or have been granted a U-Visa, and meet the income and resource limitations.

TCVAP-eligible individuals qualify for TCVAP Cash Assistance, TCVAP CalWORKs, TCVAP Employment and Social Services, and California Food Assistance Program (CFAP). TCVAP benefits and services are equivalent to benefits available in the RCA program.  TCVAP cash assistance is available for up to 12 months for adults/families without children, and up to 60 months for families with children and begins the date of initial application for public benefits.

Counties must determine the eligibility of applicants for TCVAP Cash Assistance within 30 days and TCVAP CalWORKs within 45 days.

Employment and training requirements must be appropriate for the recipient. If a recipient is not authorized to work, or is technically or legally unable to participate, they are exempt and cannot be required to participate. Recipients should be provided with activities that will help them prepare for future employment such as English language training, job skills development, and job specific training.

TCVAP recipients are also exempt if physical or psychological trauma related to or arising from the victimization impedes their ability to comply. A physician’s written statement is required to show that the illness or injury is serious enough to temporarily prevent their participation in an education or training program.

RSS program is available in impacted counties that provides up to five years of employability and other services that address certain barriers to employment. The employability services are designed to enable refugees to obtain jobs within one year of becoming enrolled by providing social adjustment, culturally and linguistically appropriate services, and acquisition of skills needed to gain employment and become self-sufficient.

In refugee-impacted counties, TCVAP services are available for up to 5 years and one year in non-impacted counties following the date of application. TCVAP provides services equivalent to those under the RSS program. Current refugee-impacted counties include Alameda, Los Angeles, Orange, Sacramento, San Diego, San Francisco, Santa Clara and Stanislaus. These counties have designated County Refugee Coordinators that can be contacted with questions regarding RCA/Entrant RCA or RSS.

Non-impacted counties refer RCA recipients to approved CDSS-funded or county-approved employment programs. If no employment programs are available to the recipient, the county must refer them to EDD for registration using the EDD-approved forms and clearly indicating the recipient’s immigration and eligibility status. (ACIN I-36-23, July 10, 2023.)

 

CalWORKs MBSAC increase

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The California Department of Social Services (CDSS) has informed counties that the CalWORKs Minimum Basic Standard of Care (MBSAC) will increase by 6.85% effective July 1, 2023.  This is an annual cost of living increase.  This will increase the MBSAC in Region 1 to $862 for a 1 one person assistance unit, $1,415 for a 2 person assistance unit, $1,753 for a 3 person assistance unit and increasing with increases in assistance unit size.  The MBSAC for Region 2 will increase to $818 for a 1 one person assistance unit, $1,343 for a 2 person assistance unit, $1,664 for a 3 person assistance unit and increasing with increases in assistance unit size.

The MBSAC is the maximum income before deductions that a family can have to be eligible for CalWORKs.

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, which is the maximum amount of in kind income that is counted against the grant. (ACL 23-48, May 26, 2023.)

 

Increase in CalWORKs vehicle value limit

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The California Department of Social Services has informed counties that the vehicle value for the CalWORKs program increases to $32,045 effective July 1, 2023.  This increase also applies to Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victims Assistance Program (TCVAP).  The vehicle value is the amount of the value of a vehicle that does not count toward the program resource limit.

The welfare department computer systems will be programmed for the increased vehicle value effective July 1, 2023.  (ACL 23-47, May 30, 2023.)

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.)