Homeless Assistance clarifications

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The California Department of Social Services (CDSS) has issued clarifications regarding recent changes to the CalWORKs Homeless Assistance program.

Participants who become homeless because of a state or federally declared disaster qualify for good cause for failure to provide proof of housing search.  In addition, counties can waive the initial three-day limit on temporary homeless assistance and instead issue temporary homeless assistance in increments of more than one week for persons who become homeless because of a state or federally declared natural disaster.  There is no limit on the number of times in a year a family can receive homeless assistance because of a state or federally declared natural disaster, and receiving benefits on this basis does not count toward once every 12-month limit on Homeless Assistance.  Counties must indentify and inform CalWORKs in a state or federally declared disaster area of their eligibility for Homeless Assistance.

Homeless CalWORKs families who are receiving Family Reunification services are eligible to receive temporary homeless assistance if the county determines that these benefits will assist with reunification, despite the fact that these cases do not receive a cash grant.

CDSS has revised the CW 42 Homeless Statement of Facts to include information about expanded Homeless Assistance for persons fleeing domestic violence.  CDSS has also issued new and revised notice of action messages.  (ACL 19-77, July 31, 2019.)

Changes to CalWORKs income disregard and income reporting threshold

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The California Department of Social Services (CDSS) has issued guidance regarding changes to CalWORKs income disregards and income reporting threshold (IRT) in SB 80.  Effective June 1, 2020 or when CDSS notifies the legislature that the computer systems have been programmed, whichever is later, the disregard for earned income or disability based income will increase from $225 to $500 and 50 percent of the remaining earned income.  Effective June 1, 2021 or one year from the date the first increase is automated, the earned income disregard will increase to $550. Effective June 1, 2022 or two years from the date the first increase is automated, the earned income disregard will increase to $600.

Effectvie June 1, 2020 or when CDSS informs the legislature that programming is complete, whichever is later, grants will be reevaluated by the county using the new income disregard amount.

There are currently three different CalWORKs income reporting threshold amounts.  Effective June 1, 2020, or when automation is complete, whichever is later, there will only be two income reporting threshold amounts – 55 percent of the federal poverty level for a family of three plus the amount of income last used to calculate the grant, and 130 percent of the federal poverty level, or the level at which a family becomes ineligible for CalFresh.  This change will allow families to earn more income without losing eligibility.

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

CDSS issued modified notices to reflect the new income disregard and IRT amounts.  (ACL 19-76, August 2, 2019.)

CalWORKs changes to asset and vehicle value limits

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The California Department of Social Services (CDSS) has issued information regarding the increase in CalWORKs assets and vehicle value limits in SB 80.  Effective June 1, 2020 or when CDSS notifies the legislature that the computer systems have been programmed, whichever is later, the maximum resource limit for CalWORKs assistance units will increase to $10,000.  The maximum resource limit will increase to $15,000 for assistance units with a member who is 60 years of age or older, or disabled.  Beginning on January 1, 2021, or when CDSS notifies the legislature that the computer systems have been programmed, whichever is later, the resource thresholds will increase by an amount equal to the increase in the California Necessities Index for the most recent fiscal year.

Effective June 1, 2020, or when CDSS notifies the legislature that the computer systems have been programmed, whichever is later the maximum equity value of a car will increase to $25,000 for all applicants and recipients.  Beginning on January 1, 2021, or when CDSS notifies the legislature that the computer systems have been programmed, whichever is later, the maximum equity threshold for cars will increase by an amount equal to the increase in the United States Transportation Consumer Price Index for All Urban Consumers.  Current exemptions for cars will remain in place.

The rules regarding restricted accounts will not change.  (ACL 19-67, July 26, 2019.)

 

Applicant IEVS processing

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The California Department of Social Services (CDSS) has issued instructions to counties regarding use of the Applicant Income and Eligibility Verification System (IEVS). Applicant IEVS is a third party verification system that is used at initial application and each subsequent redetermination.  Counties must use Applicant IEVS to assist in resolving any potential discrepancies with what was reported on the application (SAWS 2) and/or in the interview.  These discrepancies must be resolved prior to the beginning of a new certification period.  However, the eligibility determination cannot be delayed pending receipt of Applicant IEVS if other information establishes eligibility.

Counties must request Applicant IEVS information at least 15 days prior to the redetermination interview.  If a county cannot resolve a discrepancy relevant to the eligibility determination, the county must provide the client with a CW 2200 verification letter.

The Applicant IEVS process does not impact the existing Recipient IEVS process for using the IEVS system to determine whether a recipient has earned or unearned income.  Counties should ensure that the client is not asked to provide identical information based on duplicate IEVS information.  (ACL 19-78, August 5, 2019.)

No CalWORKs sanction when meeting federal work participation requirements

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The California Department of Social Services (CDSS) has issued instructions implementing SB 1446 (2018).  Effective July 1, 2019, recipients meeting federal participation requirements cannot be sanctioned and are eligible for supportive services.  This applies to recipients who are in sanction status or noncooperation status.

For recipients who are in sanction status and who are meeting federal participation requirements, the sanction is deemed cured and aid is restored the first of the following month.

Recipients who are meeting federal participation requirements at any stage of the noncompliance process shall be found to be compliant with welfare-to-work and the county must stop the noncompliance process.  (ACL 19-68, August 5, 2019.)

IHSS provider general exception regulations

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The California Department of Social Services (CDSS) has issued new regulations implementing the process to request a general exception or waiver of criminal background for In Home Supportive Services (IHSS) providers.  The regulations address the crimes for which a waiver or general exception is possible (called Tier 2 crimes) and the process to request a waiver or general exception.

The regulations include define Tier 2 crimes as serious or violent felonies, felony offenses for which a person is required to register as a sex offender and felony offense of fraud against a public social services program.  Although not mentioned in the letter, the regulations also make non-violent property crimes a Tier 2 offense.

In general, an exception can be granted if the applicant demonstrates rehabilitation.  However, for sex offenses or crimes involving physical harm or risk of physical harm to another person, the applicant must show clear and convincing evidence that the applicant no longer poses a risk to the public if less than 8 years (10 years if two offenses) have passed since the applicant’s most recent incarceration, probation or parole.  For fraud or non-violent property offenses, the applicant must show clear and convincing evidence that the applicant no longer poses a risk to the public if less than 6 years (10 years if two offenses) have passed since the applicant’s most recent incarceration, probation or parole.  For any other excludable offense, the applicant must show clear and convincing evidence that the applicant no longer poses a risk to the public if less than 4 years (10 years if two offenses) have passed since the applicant’s most recent incarceration, probation or parole.

The regulations list documents to be included with the request.  The applicant must request a general exception or waiver request to the county within 45 days of the notice denying provider status because of a criminal record.  If the county denies the request, the applicant can do a written appeal to the state.

CDSS also issued a general exception request form and a form to appeal denial of a general exception request to the state.

The regulations are located at MPP section 30-778 et. seq.  The regulations are effective July 1, 2019.  (ACL 19-64, July 3, 2019.)