COVID-19 IHSS provider enrollment and hours flexibility

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The California Department of Social Services (CDSS) has issued guidance regarding administration of the In Home Supportive Services (IHSS) provider enrollment process and flexibility in authorization of hours and overtime violations because of COVID-19.  These guidelines are in place until June 30, 2020.

CDSS is temporarily waiving the requirements for providers to submit original documents verifying identity of the provider for enrollment, and for providers to attend orientation in person and sign the IHSS Provider Enrollment Form, SOC 846, in person.  The requirement for the county to get a completed and signed SOC 846 remains in effect.

Counties can ask that documentation verifying the provider’s identity be mailed to the county.  However, these documents do not need to be received by the county prior to enrolling the provider.

Counties may, with the agreement of labor unions, offer orientation to new providers remotely.  However, providers should be enrolled prior to completing remote orientation.

Counties should be flexible in adjusting weekly authorized service hours to ensure adequate and timely services during the State of Emergency.  Counties should adjust hours when alternative resources such as school or community-based serves that were previously used are no longer available.

When IHSS providers will incur overtime or travel time violations for performing services that are “in critical need” during the State of Emergency, CDSS will remove the violations until June 30, 2020.  (ACL 20-32, April 10, 2020.)

COVID-19 federal instructions for PEUC

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The United States Department of Labor has issued instructions regarding the Pandemic Emergency Unemployment Compensation (PEUC) program.  PEUC provides up to 13 weeks of benefits for individuals who 1) have exhausted all rights to regular unemployment insurance under state or federal law for a benefit year that ended on or after July 1, 2019; 2) have no right to regular unemployment insurance for a week under any other state or federal unemployment insurance law, or to compensation under any other federal law; 3) are not receiving Canadian unemployment insurance; and 4) are able to work, available to work, and actively seeking work recognizing that states must provide flexibility if people are unable to search for work because of COVID-19.

An individual has exhausted regular unemployment insurance benefits when no payment of regular unemployment insurance may be made under state law because they have received all available benefits based on employment or wages during the base period, or the right to benefits has terminated because of the expiration of the benefit year for which rights existed.

An individual has no longer exhausted regular unemployment insurance when they can establish a valid new benefit year.  At each quarter change, states must check if the individual has earned enough wages establish a new benefit year in the State, establish a new benefit year in any other state, or establish a new benefit year if wages from one or more states are combined.  When the claimant qualifies for a new claim, the PEUC claim must stop.  If the individual remains unemployed and otherwise eligible, and has not used all of their 13 weeks of benefits, the PEUC claim can continue after the second regular claim is exhausted.

Benefits payable under PEUC are the same amount as a regular unemployment insurance claim.

The first possible week for which PEUC may be paid is the week of April 4, 2020.  PUEC is not payable for any week ending after December 31, 2020.

States must identify people potentially eligible for PEUC and give them written notice of their potential eligibility.  This includes people who have established a claim with a benefit year ending after July 1, 2019 and who have exhausted their claim or their benefit year has expired.

PEUC is payable in the same manner and amount to individuals filing interstate claims as for intrastate claims.  (Unemployment Insurance Program Letter No. 17-20, April 10, 2020.)

COVID-19 federal instructions for PUA

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The United States Department of Labor has issued instructions regarding the Pandemic Unemployment Assistance (PUA) program.  PUA provides benefits to individuals not eligible for regular unemployment insurance or extended benefits under state or federal law, including people who have exhausted rights to such benefits.  Covered individuals include self-employed, persons seeking part-time employment, persons lacking sufficient work history, and persons who otherwise do not qualify for regular unemployment insurance or extended benefits under state or federal law.

Individuals lacking sufficient work history means they have a recent attachment to the work force, do not have sufficient wages in the last 18 months to establish a claim for regular unemployment insurance, and who because unemployed for one of the COVID-19 related reasons listed below. Self-employed individuals include independent contractors, gig economy workers, and workers for certain religious institutions.

PUA is not payable to persons who can telework with pay or who are receiving paid sick leave or other paid leave benefits.  Persons receiving paid sick leave or other paid leave in an amount less than their customary work may be eligible for PUA but their PUA benefit will be reduced by the amount received in sick leave or other paid leave.  Individuals teleworking for less then what they worked prior to COVID-19 are eligible for PUA but their PUA benefit will be reduced by the amount of their work income.

PUA provides up to 39 weeks of benefits for persons otherwise able and available for work except that they are unemployed, partially employed or unable or unavailable to work because of one of the following COVID-19 related reasons:

  • The individual has been diagnosed with COVID-19 or is experiencing symptoms of COVID-19 and is seeking a medical diagnosis;
  • A member of the individual’s household has been diagnosed with COVID-19;
  • The individual is providing care for a family member or a member of the individual’s household who has been diagnosed with COVID-19. An individual is providing care if it requires ongoing and constant attention that the ability to perform other work functions is severely limited;
  • A child or other person in the household for which the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID-19 public health emergency and such school or facility care is required for the individual to work. This includes an individual who could telework, but the provision of care to the child or other person requires such ongoing and constant attention that it is not possible for the individual to perform work at home;
  • The individual is unable to reach the place of employment because of a quarantine imposed as a direct result of the COVID-19 public health emergency. This includes inability to reach place of employment because doing so would violate a state or municipal travel restriction;
  • The individual is unable to reach the place of employment because the individual has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. This includes an individual whose immune system is compromised by a serious health condition and has been advised by a health-care provider to self-quarantine because of greater than average risk of coronavirus infection.
  • The individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID-19 public health emergency;
  • The individual has become the breadwinner or major support for a household because the head of the household has died as a direct result of COVID-19.
  • The individual has to quit his or her job as a direct result of COVID-19;
  • The individual’s place of employment is closed as a direct result of the COVID-19 public health emergency.
  • Additional criteria established by the Secretary of Labor. The Secretary has determined that individuals who work as independent contractors with reportable income may qualify for PUA if they are unemployed, partially employed or unable or unavailable to work because COVID-19 has severely limited their ability to continue performing their customary work activities and as thereby forced the individual to suspend such activities. For example, a ridesharing service driver who is forced to suspend operations as a direct result of COVID-19 can be eligible for PUA.

Applicants must self-certify that they are able and available for work except for being unemployed, partially unemployed, or unable to work or unavailable for work because of one of the above categories.  States would consider that many of these qualifying circumstances are temporary.  For example, people exposed to COVID-19 may be able to return to work after a period of time, and a school is not considered closed because of COVID-19 after the date the school year was originally scheduled to end.

The benefit amount is computed based on a base period of the most recent tax year that has ended for the individual prior to the individual’s unemployment that was a direct result of the major disaster. Earnings for the base period will be the net income on the applicant’s tax return.  If the applicant did not file a tax return, they must provide documentation of wages earned. If the applicant cannot provide such documentation, the claim will be denied.  Regardless of the amount of wages earned, the minimum benefit payment is 50% of the average weekly payment for the state.

PUA benefits are payable starting January 27, 2020.  Benefits stop for any week ending after December 31, 2020.

States must verify that individuals do not have regular unemployment insurance eligibility before granting PUA.  If the individual is ineligible for regular unemployment insurance because there are insufficient covered wages or the individual has an active unemployment insurance claim with a definite or indefinite disqualification, then the state does not need to require the individual to file a regular unemployment insurance claim.  If the individual’s eligibility for regular unemployment insurance is questionable, then the state must first require the individual to file a regular unemployment insurance claim, and if the individual is found ineligible then the state can consider PUA eligibility.  (Unemployment Insurance Program Letter No. 16-20, April 5, 2020.)

COVID-19 federal instructions for FPUC

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The United States Department of Labor has issued instructions regarding the Federal Pandemic Unemployment Insurance Compensation (FPUC) program.  FPUC provides an additional $600 per week to individuals who are receiving regular unemployment insurance, including Unemployment Compensation for Federal Employees and Unemployment Compensation for Ex-Servicemembers.  In addition, FPUC is available to persons receiving Pandemic Emergency Unemployment Compensation, Pandemic Unemployment Assistance, Extended Benefits, Short-Term Compensation, Trade Readjustment Allowances, Disaster Unemployment Assistance and payments under the Self-Employment Assistance program.  FPUC is available until the week ending on July 31, 2020.

FPUC is not available to persons receiving extended benefits for persons in approved training who have exhausted benefits (in California that is persons receiving California Training Benefits).

FPUC benefits are disregarded for purposes of Medicaid and State Children’s Health Insurance Program.

States must notify potentially eligible individuals of their entitlement to FPUC.  That notice should include the beginning and end date of FPUC.

All terms and conditions of state or federal unemployment insurance that apply to claims for regular unemployment insurance apply to FPUC.

Individuals who are having their regular unemployment insurance intercepted to recover an overpayment are eligible for FPUC.

Child support obligations are deducted from FPUC in the same manner as they are deducted from regular unemployment insurance.

FPUC payments are taxable.  (Unemployment Insurance Program Letter No. 15-20, April 4, 2020.)

Foster Care infant supplement payment eligibility

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The California Department of Social Services (CDSS) has issued a clarification regarding infant supplement eligibility.  The infant supplement is an additional payment tied to AFDC-Foster Care, KIN-Gap and Approved Relative Caregiver (ARC) programs for children of parenting foster youth who live with their parent in foster care setting.  Several other categories of parenting youth who are living with their non-dependent child are also eligible including youth under delinquency jurisdiction who are living in foster care, non-minor dependents in Extended Foster Care, and youth in non-related legal guardianships who are receiving AFDC-FC. All eligible teens and non-minor dependents must be regularly screened for current or impending parenthood.

An infant supplement payment is given to the youth’s caregiver.  Non-minor dependents living in a Supervised Independent Living Placement receive their payment directly.  Infant supplements are to be used only for the care and supervision of the child of the eligible parent.  The supplement is paid on behalf of the parent who has primary physical custody of the child.  (ACIN I-10-20, February 7, 2020.)

Semi-Annual reporting and adding both a newborn and second parent

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The California Department of Social Services (CDSS) has issued a clarification to mid-period reporting rules for adding a newborn and second parent to an existing pregnant person only CalWORKs case.  The newborn and the second parent are treated separately.  Different analysis may be needed to determine how each would affect the CalWORKs grant for the existing Assistance Unit (AU).  The second parent and the newborn may be added to the pregnant person only case separately to maximize aid.

In general, when the AU voluntarily reports a new person in the home mid-period, that person is added to the AU mid-period if benefits would increase, but is not added to the AU until the first day of the next Semi-Annual Reporting period if benefits will decrease.  This rule applies to both newborns and second parents.

When the newborn reported and the second parent moves into the home, the county first evaluates whether adding the newborn will increase aid, and if so adds the newborn to the AU.  The county then evaluates whether adding the second parent will increase aid, aid if so adds the the second parent to the AU.  If either addition to the AU would cause a decrease in aid, the addition does not occur until the first day of the AU’s next semi-annual reporting period.

When the second parent is living in the home at the time the pregnant person applies for aid, the application includes the second parent but the second parent is an excluded member of the AU until the child is born.  The second parent’s income is considered in determining financial eligibility, and the second parent is subject the requirement to report increases in income that are more than the income reporting threshold.  However, even when the second parent was living in the home at the time the pregnant person applied for aid, the county determines whether adding the newborn increases or decreases aid and acts accordingly.  The county then separately determines whether adding the second parent to the AU will increase or decrease aid and acts accordingly.  (ACIN I-16-20, February 24, 2020.)