TCVAP

Changes to CalWORKs recipient financial eligibility test

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The California Department of Social Services (CDSS) has issued guidance regarding continuing financial eligibility for CalWORKs recipients.  When a family receiving CalWORKs has an income increase that takes over 130% of the Federal Poverty Level (the Income Reporting Threshold or IRT), they must report that to the county.  This is a report that must be made mid-period when it happens, this is between required semi-annual reports.

Counties must now determine continuing eligibility after an income report of income report determining: 1) whether the income is over the IRT; 2) if it is over the IRT, is it reasonable anticipated to continue; 3) if it is does the income reported, minus any of that income which is exempt from consideration for CalWORKs purposes, is more than the IRT.  If it is, the CalWORKs grant will be recalculated accordingly.  The critical change is subtracting any exempt income before redetermining eligibility and benefit amount.

Families must continue to report when their total gross and unearned income exceeds the IRT, but continuing financial eligibility will be determined after determining if the income is reasonably anticipated to continue, and whether it exceeds the IRT after subtracting exempt income.

This change also applies to Refugee Cash Assistance, Entrant Cash Assistance, and Trafficking and Crime Victim Assistance Program benefits.  (ACL 23-96, December 26, 2023.)

Prepopulated SAR 7

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The California Department of Social Services (CDSS) has developed a new SAR 7 semi-annual report form.  Effective the date automation is complete, counties must provide the new SAR 7 form prepopulated to recipients of CalWORKs, CalFresh, California Food Assistance Program, Refugee Cash Assistance, Trafficking and Crime Victims Assistance Program, and Entrant Cash Assistance.

CDSS also has a blank version of the new SAR 7 form to be made available in welfare department lobbies and online for on demand access.  For cash aid recipients, counties must also provide the new Domestic Abuse Addendum.

Most households are required to submit a report six months after benefits are granted, and six months after completing annual recertification.  Elderly and disabled households that do not have earned income are not required to submit semi-annual reports.

Counties must continue to provide the SAR forms to the household by mail, email or in person by so that it is received by the 5th day of the month it is due.

For CalFresh households, changes in immigration status, student status, fleeing felon status or a violation of probation or parole, are not required to be reported on the semi-annual report and the new SAR 7 does not ask those questions.

For CalWORKs and other cash aid, effective the date the prepopulated SAR 7 is automated, property and/or resources will no longer be evaluated semi-annually.  Property and resources will only be evaluated at application and annual redetermination.

The new SAR 7 form includes questions about exemptions from the Able-Bodies Adults Without Dependents (ABAWD rules because federal rules require that screening (and it will be needed if the ABAWD rules become effective again in California at some point in the future).

The new SAR 7DA allows households to disclose any history of domestic abuse in order to receive services or assistance.  Information about domestic abuse cannot be released to any outside party, agency, or county employee who is not directly involved in the case unless the information is required to be disclosed to law enforcement or the recipient gives written authorization.  When an individual completes the SAR 7DA, the county must privately contact them to provide information, resources or needed accommodations.

The SAR 7DA can only be released as part of an intercounty transfer if the recipient has signed a WTW 37 release form.

The disability question on the SAR 7/SAR 7B allows disclosure of a disability or a request for assistance because of a disability.  When households report having a disability or state that they need assistance because of a disability, counties must contact the household to assist and provide information, resources or needed accommodations.

When a household checks the “I am homeless” box, counties are strongly encouraged to screen households for homeless assistance or other available services, and to identify eligibility for an ABAWD exemption when necessary.  (ACL 24-06, February 2, 2024.)

Changes to RCA, ECA and TCVAP

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The California Department of Social Services (CDSS) informs counties about the effect of various CalWORKs changes on the Refugee Cash Assistance (RCA) program, Entrant Cash Assistance (ECA) program and Trafficking and Crime Victims Protection Act (TCVAP) benefits.  In general, CalWORKs financial eligibility and payment rules apply to RCA, ECA and TCVAP.

Paid Family Leave (PFL) benefits now are considered disability-based unearned income for purposes of CalWORKs.  PFL benefits fall under the CalWORKs disability-based unearned income disregard.  As a result, PFL benefits also fall under the RCA, ECA and TCVAP disability-based unearned income disregard.

PFL benefits are also a CalWORKs 60-mont time on aid limit time limit clock stopper. However, PFL benefits do not stop the 12-month eligibility time limit for RCA, ECA and TCVAP.

RCA, ECA and TCVAP applicants who are 16 or 17 years old, and are full time students are exempt from employment registration.  Parents under age 20 are also exempt from employment registration.  Because of a change in CalWORKs law, an individual who loses this exemption may again receive it if they resume full-time school attendance if they are otherwise eligible.

Counties can exempt RCA, ECA and TCVAP recipients from employment registration for good cause.  Because of a change in CalWORKs law, these good cause reasons have been expanded to include that hours of employment are unpredictable,  the recipient has one of a list of labor or employment law violations, the recipients states they have experienced sexual harassment or other abusive conduct at work, or the recipient states that their rights under and federal, state or local labor or employment law were violated.  (See ACL 23-30, summarized here.)  (ACL 23-95, November 14. 2023.)

Additions to county web pages regarding programs for immigrants

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The California Department of Social Services (CDSS) has issued guidance regarding revising or adding information to county websites regarding programs available for Refugees; Asylees; Cuban/Haitian Entrants; certain Humanitarian Parolees; Special Immigrant Visa Holders; Amerasians; and Noncitizen Victims of Human Trafficking, Domestic Violence, and Other Serious Crimes populations.

County webpages must include CalWORKs, CAPI, RCA, TCVAP, and all county programs available for Refugees; Asylees; Cuban/Haitian Entrants; certain Humanitarian Parolees; Special Immigrant Visa Holders; Amerasians; and Noncitizen Victims of Human Trafficking, Domestic Violence, and Other Serious Crimes. Counties that do not have this information on their webpages should include it as soon as possible.  Counties that do not have this information on their webpage should notify CDSS as soon as the webpage updates are completed, but no later than December 1, 2023.

The information in the website should be clear and in plain language, with simple instructions about how to apply for benefits. Information on how to apply for programs should include both the link to BenefitsCal and a description of other ways to apply, such as applying in person at their respective CWD offices.

For CalWORKs, counties should review their public-facing websites on a regular basis to ensure that content is accurate, and contains plain language information about how to apply, and services and services available through CalWORKs.

For the Cash Assistance Program for Immigrants (CAPI), county websites must direct CAPI applicants to the county social services office to apply in person because the CAPI application is not available in BenefitsCal.

For Refugee Cash Assistance, and Trafficking and Crime Victims Protection Act (TCVAP), applicants who have minor children should be evaluated for CalWORKs first.  If they are ineligible for CalWORKs, or they do not have minor children, they should be evaluated for RCA and TCVAP.

Counties should notify CDSS as soon as their websites are updated, but no later then December 1, 2023.  (ACWDL, October 19, 2023.)

New NA Back 9 form

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The California Department of Social Services (CDSS) has issued a revised version of the NA Back 9 form, which is the form on the back of every Notice of Action for a CDSS administered program about hearing rights and how to request a hearing.  The new NA Back 9 form includes the ability to request a preferred hearing modality, instructions on submitting hearing requests online or by email, and information about on-line hearings accounts.

Counties must begin using the new NA Back 9 form when automation in the CalSAWS computer system is complete.  All county generated notices must include the revised NA Back 9 after it is programmed into CalSAWS.  CDSS does not state when to expect the revised NA Back 9 to be programmed into CalSAWS or state a deadline for that programming.

Counties must include the local legal aid office(s) in the “Get Help” section of the new NA Back 9.

Agencies that use a form other than the NA Back 9 to request a hearing must have those forms reviewed and approved by the CDSS State Hearings Division.  (ACL 23-81, September 19, 2023.)

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.)