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New identity verification regulations

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The California Department of Social Services (CDSS) has issued regulations regarding identity verification for CalWORKs and CalFresh applicants.  These regulations repeal the finger-imaging requirement and replace them with a photo identification requirement.

Parents or caretaker relatives, each aided or applicant adult, and aided or applicant pregnant women must now provide photo identification.  Non-minor dependants, non-needy caretaker relatives applying for a relative foster child and applicants whose photo identification is part of a previous case file are exempt.  CalWORKs applicants will have 15 days from the date of application to provide photo identification.  The 15 days timeframe can be extended for good cause.  If after a good faith effort the applicant cannot provide photo id without paying a fee, the county must pay that fee.

Benefits can be issued prior to submitting the photo identification if the applicant is eligible for CalWORKs immediate need, the applicant does not have photo identification and signs a statement under penalty of perjury regarding identity, or if the applicant is applying remotely through telephone or other electronic means.  The applicant must provide photo identification within 15 working days or present evidence of good faith efforts to obtain photo identification for benefits to continue.  (ACIN I-66-19, November 15, 2019.)

Housing and Disability Advocacy Program guidance

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The California Department of Social Services (CDSS) has issued updated program guidance regarding the Housing and Disability Advocacy Program (HDAP).  HDAP offers funding to county agencies or tribal governments to assist homeless disabled individuals with applying for disability benefits programs while providing housing assistance.  39 counties currently have HDAP programs.  HDAP requires grantees to offer outreach, case management, advocacy and housing assistance concurrently.

Assistance should be provided until disability benefits are granted and the participant is stabilized in permanent housing. A dollar-for-dollar grantee match is also required.

There are several changes to the program because of legislation in 2019.  These changes include: 1) Funding is now available for federally recognized tribal governments; 2) Priority for assistance is for chronically homeless individuals or homeless persons who rely most heavily on government-funded services; 3) Programs can consider providing housing assistance after disability benefits are granted until housing placement is stable and affordable; 4) Case management staff must assist in developing a transition plan for housing support when disability benefits are granted or denied.

HDAP continues its principles of housing first, collaboration among programs and prioritizing assistance is for chronically homeless individuals or homeless persons who rely most heavily on government-funded services.  Providing services on first-come, first-served basis or by most likely to find housing is improper.

Required program components continue to be outreach, case management, benefits advocacy and housing assistance.  Limiting outreach to General Assistance/General Relief applicants or recipients is insufficient.

Additional program components include transition planning, workforce development for participants not likely to be eligible for disability benefits, interim assistance reimbursement, and data gathering.  (ACL 19-104, November 1, 2019.)

Third Party Assessment Process

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The California Department of Social Services has issued a clarification regarding its policy regarding referral for third party assessment when the county and the participant cannot agree on a welfare-to-work (WTW) assessment or a WTW plan.

If the participant does not agree with the results of their WTW assessment and does not reach an agreement with the county about their WTW plan, the county must refer the participant to an impartial third party for an independent assessment.  The county must refer for a third party assessment if the county and the participant do not agree on WTW assessment or the unsigned plan or a signed WTW plan in limited circumstances.

Prior to the appraisal, counties must provide an orientation that informs participants of their right to a third party assessment.  Participants must sign Rights and Responsibilities (WTW 1) and the Plan Activities form (WTW 2), each of which inform the participant of their right to a third party assessment.

After the plan is signed, the client has a once-in-a-lifetime 30 day grace period from the beginning of the WTW activity to request a change in the plan or reassignment to another activity.  The county must grant the request if another assignment is available, is consistent with the WTW plan, and the county determines the other activity will lead to employment.  The participant can request a third party assessment during the 30 day grace period.

The county must allow the participant three working days after signing the plan or amendments to the plan to request changes.  During the three working days after signing the plan, the participant can request a third party assessment.  If the participant expresses dissatisfaction with the plan in the first three working days, it will not trigger the use of the client’s once-in-a-lifetime 30 day grace period.  If the participant expresses dissatisfaction with the plan after three working days and has not used their once-in-a-lifetime 30 day grace period, the county can apply the 30 day grace period and grant a third party assessment.

The participant must adhere to the signed WTW plan if it is after the three working day or 30 day grace periods.  The county can revised a WTW plan at any time if it is in the best interest of the participant to do so.

The results of a third party assessment are binding and used by the client and the county to create an appropriate plan.  The participant is not entitled to a state hearing to challenge the assessment until a third party assessment has been performed. (ACIN I-03-19, January 17, 2019.)

Errata to EBT surcharge free ATM network

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CDSS has issued an errata to its ACIN regarding the surcharge free ATM network.

The ACIN stated that MoneyPass would be surcharge free only until September 30, 2018. The errata states that the MoneyPass Network will remain surcharge free until at least September 30, 2018.

The ACIN stated that Bank of American ATMs would be surcharge free.The errata states that cardholders withdrawing from Bank of America ATMs will incur a surcharge which will be refunded within 24 to 48 hours with no action required by the cardholder.  (ACIN I-39-18E, August 3, 2018.)

CalFresh exclusion of funeral agreement from resources

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CDSS has provided implementing instructions for changes to federal regulations that exclude the cash value of one funeral agreement per household member when determining if a household meets the resource limit.

Most households in California are not required to meet the resource limit.  For the households that must meet the resource limit, such as elderly and disabled households with gross income above 200 percent of the federal poverty level, the case value of one funeral agreement per household member will now be excluded when determining whether the household meets the resource test.  (ACL 18-16, February 14, 2018.)

CalWORKs mental health and substance abuse services

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CDSS has provided information about changes to CalWORKs mental health and substance abuse services that are effective between July 1, 2017 and July 1, 2018.  For that period, counties can provide mental health and substance abuse services to children of CalWORKs recipients, and can contract with community-based providers and other local agencies to provide these services.

Children are eligible for these services if the parent(s) are participating or required to participate in Welfare –to-Work (WTW), exempt volunteers or are sanctioned or removed from CalWORKs for failure to comply with WTW requirements.  At the county’s discretion, services can be provided to children of adults who have a temporary WTW exemption.  Services can be provided to children of timed out clients as a post aid service.  Children of adults who are ineligible for CalWORKs are not eligible for services.

This funding must be used in addition to, and not as a substitute for, available mental health or substance abuse funding available from other government programs.  Funding cannot be used for services covered under Medi-Cal or a county mental health plan.

A parent cannot be sanctioned because of a child’s refusal to participate in mental health or substance abuse services.  Refusal or failure of an adult to participate in assigned activities does not prevent children from being referred to or receiving mental health or substance abuse services.

Counties can now send clients to community based providers, including county mental health departments, for mental health evaluations.  That provider must evaluate the recipient and determine any treatment needs, including the extent to which the individual is capable of employment and under what conditions the individual can work. The evaluation must be considered in development of the WTW plan.  Activities and services in the WTW plan must accommodate any restrictions associated with any mental, emotional or substance abuse condition identified in the evaluation.  (ACL 18-04, January 25, 2018.)