Limitations period for collecting CalFresh overissuances

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The California Department of Social Services (CDSS) informs counties that they must stop all noticing and collection efforts for CalFresh overissuances except for Treasury Offset Program, when a claim has been delinquent for three consecutive years.  This letter supercedes Manual of Policy and Procedure Section 63.801.53 which does not comply with federal regulations.  This applies to all CalFresh overissuance types.

A CalFresh overissuance claim is delinquent if the claim has not been paid by the due date and payment arrangements have not been made, or a repayment agreement has been made and a payment not made.  A claim is established when the initial notice of action is sent to the household.  When the claim is established, the household has 30 days to respond to state how they have chosen to pay or to request a hearing.  If a household that is no longer receiving aid does not respond in 30 days, the claim is delinquent.

A claim is not delinquent if it is being paid through a repayment agreement or through allotment adjustment.  A claim is delinquent on the date of a missed installment payment.  A claim remains delinquent until either a repayment agreement is established or resumed, a payment is made by a former recipient, payment is received in full, or the recipient reenrolls in CalFresh and allotment reduction begins.

Once a claim is delinquent for three years, the only allowable collection method is the federal Treasury Offset Program.  All other collection efforts by the county or county revenue and recovery department must stop.  (ACL 20-24, March 26, 2020.)

CalWORKs Stage One child care informing notices

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The California Department of Social Services (CDSS) has issued instructions regarding frequency of providing the Child Care Request Form and Child Care Payment Rules (CCP 7).  This notice must be provided by counties when there is 1) new participation in a program activity, 2) an increase of 20 hours of participation or more in a program activity, 3) new earned income, and 4) new employment.

The welfare department computer systems will look back 30 days from the date of the participant’s report to determine if the CCP 7 has been sent.  If a CCP 7 has not been sent in the last 30 days, it will be sent.  (All County Welfare Directors Letter, February 3, 2020.)

CalWORKs Stage One child care notices of action

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The California Department of Social Services (CDSS) has issued instructions regarding changes to required notices of action for Stage One child care.  These changes reflect the new immediate and continuous CalWORKS child care rules.

The notice of Child Care Services Approval (NA 832) is changed to 1) add an option to approve child care for 12 months or until the participant transfers to Stage Two child care or is otherwise ineligible; 2) inform exempt volunteers that continuing child care depends on signing a Welfare-to-Work plan, but the participant remains eligible for child care even if they do not participate in the activity; 3) revise child care reimbursement language regarding the TrustLine process.

The notice of Child Care Change (NA 833) is changed to 1) clarify that child care will only be reimbursed for time that services are rendered, and 2) add language regarding the TrustLine process.

The notice of Child Care Denial (NA 834) is changed to 1) add as a reason for denial that a participant is exempt from Welfare-to-Work, not currently participating in Welfare-to-Work, and does not intent to participate and 2) include new language about sanctioned cases.

The notice of Child Care Discontinuance (NA 835) is changed to add reasons for discontinuance that the participant meets the county definition of stable and is being transferred to Stage Two, that child authorization will end in six months, and that the participant did not submit documents required to renew child care.  (All County Letter 20-03, February 3, 2020.)

COVID-19 CalFresh waiver of interview and signature requirements

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The California Department of Social Services (CDSS) has issued guidance regarding federal waivers of the initial application interview and signature requirements.  These waivers are effective from March 27, 2020 to May 31, 2020.  The waivers can be applied to any application pending at the time of the release of the guidance.

Counties may waive the requirement for an interview at initial certification of eligibility for benefits if the county has verified the identity of the applicant and has completed all mandatory verifications.  Households entitled to expedited service and whose identity is verified within the three-day expedited service timeframe will have their initial interview waived prior to benefit issuance.  If an expedited service household does not provide missing mandatory verification, benefits will be discontinued per existing CDSS policy.

To verify identity counties must accept any readily available documentary evidence which reasonably establishes the applicant’s identity.  If documentary evidence is not readily available, counties may verify identity using collateral contacts.

For other verification, counties should use electronic verification such as Work Number when it is available.

Verification of job loss is not a mandatory verification for CalFresh.  Verification of job loss should be requested only if the job loss is questionable. A client’s statement of job loss is sufficient evidence that the client cannot reasonably anticipate income from that job.

For households whose interviews cannot be waived, counties may require the household to completed a telephone interview even if they request a face-to-face interview.

Counties can document in the case file that the client verbally attested to the information provided on the application instead of having an audio recording of a telephonic signature.  This flexibility can only be used when a telephonic or electronic signature is not available and a wet signature has not been provided.

Counties must ensure that their phone systems have capacity and staffing to implement these waivers.  Phone system performance, including dropped calls, wait times, call completion times and staff adequacy, must be monitored and adjusted to adequately serve incoming calls.  (All County Welfare Directors Letter, April 2, 2020.)

COVID-19 CalFresh emergency allotments

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The California Department of Social Services (CDSS) has issued information regarding emergency CalFresh allotments authorized by the Families First Coronavirus Response Act.  The emergency allotments will raise each household’s monthly allotment of CalFresh to the maximum allowable based on household size for March and April 2020.  CalFresh households already receiving the maximum allotment will not receive an emergency allotment.

The March, 2020 emergency allotment will be available on April 12, 2020.  The April emergency allotment will be available on May 10, 2020.  The emergency allotments will be issued on the client’s existing electronic benefits transfer card.

Counties must employ mass change informing practices to inform of the emergency allotment, including text messaging, robocalling, social media, client-facing websites and pre-recorded calls on interactive voice response systems.  (All County Welfare Directors Letter, April 2, 2020.)