TCVAP

COVID-19 new unemployment programs as income for CalWORKs

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The California Department of Social Services (CDSS) has issued guidance regarding counting Pandemic Unemployment Compensation (PUC), Pandemic Emergency Unemployment Compensation (PEUC) and Pandemic Unemployment Assistance (PUA) as income for CalWORKs.

PUC is an extra $600 per week of regular unemployment insurance through July 31, 2020.  Pursuant to Executive Order N-59-20, PUC is exempt as income for CalWORKs recipients.  However, PUC counts as income for CalWORKs applicants.

PEUC is an additional 13 weeks of unemployment insurance for people who have exhausted regular unemployment insurance through December 31, 2020.  PUA is unemployment payments for persons not otherwise eligible for regular unemployment insurance including self-employed persons and independent contractors who are unemployed as a result of COVID-19.  PEUC and PUA are not exempt for purposes of CalWORKs and they count as unearned income.

This guidance also applies to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance program.  (ACWDL, May 5, 2020.)

COVID-19 CalWORKs pregnancy verification, identity verification, interview and signature requirements

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The California Department of Social Services (CDSS) has issued guidance implementing Executive Order N-59-20.  This guidance expires on June 30, 2020.

For aid to a pregnant person in a family that does not include another child, applicants can submit a sworn statement verifying pregnancy when medical verification of pregnancy cannot be provided.  Applicants who cannot provide either medical verification or a sworn statement can provide verbal attestation and medical verification within 30 days.  If after 30 days the applicant presents evidence of good-faith efforts to obtain and submit medical verification, the county must continue aid.  Pregnancy verification must be provided within 90 days after the California Department of Public Health no longer requires physical distancing.

In general, applicants must present photo identification in person before aid can be granted.  A sworn affidavit is acceptable but individuals must present photo identification within 30 days for aid to continue.  If county offices are closed because of COVID-19, aid will continue until the applicant can submit photo identification in person without needing to present evidence of good faith efforts to obtain or submit photo identification.   Applicants will be asked to submit photo identification electronically and to present photo identification in person within 90 days after the California Department of Public Health no longer requires physical distancing.

The requirement for signatures on the CalWORKs application and Rights and Responsibilities form is waived.  When a telephonic or electronic signature is unavailable, the county can document verbal attestation in the case file.  Following verbal attestation, the county must mail the Statement of Facts to the client to be returned via U.S. Mail within 30 working days.  If the applicant presents evidence of good faith efforts to submit the wet signature by mail, the county must continue aid.

The requirement for an interview for applicants is suspended for applicants whose identity has been verified and who have submitted all required verification.  This includes requests for immediate need.

Counties are reminded that when verification does not exist a sworn statement is adequate.  Counties cannot deny applications for failure to provide evidence if the county determines that the applicant is making a good faith effort.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crimes Victims Assistance Program.  (ACWDL, May 4, 2020.)

COVID-19 treatment of individual stimulus for CalWORKs and CalFresh

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The California Department of Social Services (CDSS) has issued guidance about how the individual stimulus payment is to be treated for purposes of CalWORKs, CalFresh and TCVAP.

Individual stimulus payments are excluded from being considered income in the month received and will not be considered as asset for 12 month following receipt.  (ACWDL, April 15, 2020.)

CalWORKs overpayment collection threshold and discharge

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The California Department of Social Services (CDSS) has issued guidance regarding the CalWORKs overpayment collection threshold and discharge policies.  This guidance supersedes ACL 19-19.

Effective July 1, 2019, the overpayment collection threshold for closed CalWORKs cases is increased from $35 to $250. Counties cannot demand collection of any non-fraudulent overpayments with a balance of $249 or less if the liable individual is no longer receiving CalWORKs.  The $250 threshold includes claims related to Welfare-to-Work supportive services.  The overpayment collection threshold applies to each individual claim, not to the total of multiple overpayment claims.

There is also a new discharge process for CalWORKs overpayments.  If the liable individual has not received CalWORKs for 36 consecutive months or longer, the county must deem a non-fraudulent CalWORKs overpayment uncollectable and must discharge it.  This rule applies even when there is a repayment agreement or a civil judgment if the overpayment is non-fraudulent.  This discharge rule applies to each individual overpayment claim, not to the total of multiple overpayment claims.  Counties must send a notice of action informing individuals when they are no longer liable for the overpayment.

The discharge policy does not apply to cases where fraud is alleged.  If a fraud investigation is pending when the 36 month timeframe occurs, collection is placed in suspense until the result of the investigation.  Collection can restart if the investigation determines there was fraud.

The discharge policy is not effective until it is programmed into the new single statewide computer system CalSAWS. However, when the discharge policy is programmed into CalSAWS, counties must apply it retroactively to any outstanding non-fraudulent CalWORKs overpayments established on or after December 1, 1996.

In addition, effective July 1, 2019, counties must now report any mass overpayment of CalWORKs benefits to CDSS.  A mass overpayment is an overpayment caused by the same action or inaction that impacts either eight percent of the county’s CalWORKs caseload or more than 1,000 CalWORKs recipients, whichever is greater.

Also effective July 1, 2019, a civil or criminal welfare fraud action cannot be commenced if case record, or any consumer credit report used in the civil or criminal case for the purpose of determining the overpayment, has not been made available or has been destroyed after the three year retention period.

These policies also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Programs.  (ACL 19-102, November 12, 2019.)

Fiscal year 2020 Income Reporting Threshold

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The California Department of Social Services (CDSS) has issued the new Income Reporting Threshold (IRT) amounts for federal fiscal year 2020.  The IRT is the amount that triggers reporting requirements mid-period.  The new IRT levels are effective October 1, 2019.

Assistance Units are required to report when their total combined earned and unearned income exceeds the IRT amount.  Assistance Units with only unearned income are not required to report when that income by itself exceeds the IRT mid-period.

When a family receives income over the IRT amount and reports it to the county, the county must determine of the reported income is reasonably anticipated to continue.  If the income over the IRT will continue but not at a level that will result in ineligibility, the county must use the new reasonably anticipated income to recalculate the grant.

Counties must send an informing notice to recipients that is individualized for each assistance unit.  Counties must inform recipients of their IRT at least one per semi-annual reporting period or whenever their IRT changes.  The IRT level in which the recipient was last notified is used for reporting purposes until the county has informed the recipient of a change to their IRT.

These instructions also apply to Refugee Case Assistance, Entrant Cash Assistance and Trafficking and Crime Victim Assistance Programs.  (ACL 19-85, August 15, 2019.)

CalWORKs grant cost of living increase

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Effective July 1, 2019, the Minimum Basic Standard of Care (MBSAC) that used to determine CalWORKs grants will increase by 4.15 percent.  This increase is annual cost of living increase.  The Income In Kind level will also increase by 4.15 percent.

If county computer systems are unable to implement the new MBSAC level by July 1, counties must take immediate steps to review and correct any applications denied on or after July 1 if the only reason for the denial was failure to pass the financial eligibility income test because of the MBSAC or Income In Kind amounts used.

This change is a county initiated mid-period change and should be used prospectively as soon as timely and adequate notice can be provided.

This change also applies to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program benefits.  (ACL 19-47, May 15, 2019.)