Using HSP to purchase housing structures

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The California Department of Social Services (CDSS) has issued guidance regarding use of Housing Support Program funds to purchase housing structures.  CDSS has set aside $1,500,000 to purchase housing structures, which includes RVs, mobile homes and tiny homes.  Housing structures do not include any type of housing that is permanently fixed to the ground.  Counties can submit plans to CDSS for purchase of structures, and each individual purchase must be approved by CDSS.

Counties generally will not purchase structures until they have identified a family for the unit.  Counties must ensure that a habitability inspection of the structure is completed before purchase. 

Counties must identify a space where the structure will be located before purchase.  CDSS encourages counties to locate space within a designated park.  If developed parks are not available, counties may seek private land to place the structure.  The county must ensure that the family has a written lease agreement with the land owner.

Maximum purchase price for the structure is $24,999.  This includes inprovements to make the structure habitable.  This cap does not include other Housing Support Program services such as assistance with move in costs and ongoing space rent.

Families must enter into an agreement with the county.  This agreement can include a creating a lien to protect the structure from being sold without county approval; client obligations such as not reselling the property for a period of time, paying the taxes, and paying rent and other fees; county obligations such as retaining title for a period of time and assisting the client with taxes and other fees; using the structure as a personal residence; and recovering the property if the family does not meet their obligations.

Counties must identify parameters for how they will target families receiving Housing Support Program for structure purchases.  (ACIN I-85-18, December 7, 2018.)

Use of the Work Number

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NOTE — The section of this ACL regarding the Work Number being used in conjunction with, but not in lieu of, existing income and eligibility sources, is superseded by ACL 21-16.

The California Department of Social Services (CDSS) has issued guidance regarding use of the Work Number consumer credit report in determining initial and ongoing eligibility for various programs. 

For CalFresh, if documentary evidence of income is unavailable, for example because a household member did not provide or does not have access to necessary documentation at the time of the application or interview, the Work Number can be used to verify income in real time at application, during the certification period, at recertification, or for a Quality Control review.

Information obtained through the Work Number is not considered verified upon receipt which means the applicant or recipient must be consulted before the county can use the information.  If the information provided by the Work Number is consistent with information provided by the applicant or recipient, consultation is not necessary.  If the household confirms the information from the Work Number is accurate or there is no discrepancy, the Work Number can be used to verify income.

The Work number can be used in conjunction with, but not instead of existing required income and eligibility sources including IEVS.

Counties cannot require the household to submit additional documentation that is duplicative of information received through the Work Number.  Counties can request additional documentation only if the household states that the information is inaccurate or the Work Number does not verify all income sources.

If the county takes adverse action based on information from the Work Number, the notice of action must state the name, address and telephone number of the Work Number, a statement that the Work Number did not make the adverse decision, a statement of the right to obtain free disclosure of the consumer’s file within 60 days, and a statement of the consumer’s right to dispute the accuracy or completeness of any information provided by the Work Number.

Counties can use the Work Number to verify information received at initial application or recertification.  This can allow same day service when documentary evidence is not available on the day the application is submitted.

Counties can use the Work Number to verify a voluntary report of a change in income or to verify income information provided at periodic report.

For Quality Control reviews, counties can use the Work Number to substantiate information provided by the household or if the household refuses to cooperate.

For CalWORKs, counties can use the Work Number to verify information at application, redetermination and to determine ongoing eligibility.  The Work Number can be used to verify welfare-to-work information for Work Participation Rate purposes.  Counties can use the Work Number to verify income when transitioning clients from State One to Stage Two child care.

The Work Number cannot be used to verify a missing mandatory report of income over the Income Reporting Threshold.

For IEVS matches, if the client does not respond to the verification letter, the county can use the Work Number as the independent verification source.

The Special Investigations Unit can use the Work Number to verify information from IEVS. (ACL 19-08, February 9, 2019.)

CalFresh recertification delayed processing

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The California Department of Social Services (CDSS) has issued guidance regarding delayed processing of CalFresh annual recertifications.  An application for recertification is considered delayed if the recertification process is not completed by the end of the final month of the certification period.

The county should consider an application for recertification timely if it was submitted before the 15th day of the final month of the certification period.

If a household files a timely application for recertification but recertification is not completed within the final month of the certification period because of county-caused delay, the county must continue to process the case and provide a full month of benefits for the first month after the new certification period as soon as administratively possible.

If a household files an application before the end of the certification period but the recertification process cannot be completed within the final month of certification period because of a client-caused delay, the county shall deny the application at the end of the period.  This applies whether the application for recertification was timely or untimely filed.  After the county denies the application, the household has up to 30 days after the end of the certification period to complete the recertification process.  If the household takes the required action within 30 days after the end of the certification period, the county shall withdraw the denial and provide prorated benefits retroactive to the date the client took the required action and completed the recertification process.

If the household files an application for recertification within 30 days following the last month of the certification period, benefits must be prorated based on when the application for recertification is received.  If the application is then delayed beyond what would be the first month of the new certification period because of fault of the county, that delay is considered county-caused delay.

If an application for recertification is received more than 30 days following the end of the last month of the certification period, delayed processing is not permitted.  However, the application for recertification shall be considered a new application for CalFresh and the county cannot require the client to submit an additional new application.

When the county receives an incomplete application for recertification, the county must send a denial notice.  The Notice of Expiration of Certification form does not satisfy the requirement for denying an application for recertification.

When a household misses their recertification interview appointment, the county sends the household a notice of missed interview.  The Notice of Missed Interview is dated to reflect the end of the certification period, even when the certification end date falls on a weekend or holiday.

The Manual of Policy and Procedure will be updated as soon as administratively possible to reflect this guidance.   In the interim, counties must comply with the guidance in this letter.  (ACL 19-10, February 3, 2019.)

Disability and domestic violence questions computer system flags

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The California Department of Social Services (CDSS) has issued directions regarding AB 2030.  AB 2030 requires CDSS to include in any amendments or revisions to standard application or semi-annual reporting forms after January 1, 2019 that allow applicants or recipients to disclose disabilities, the need for reasonable accommodations because of a disability and any experiences of domestic violence. 

CDSS states that initial application forms and semiannual report will capture the need for reasonable accommodations the next time they are revised.

The current welfare computer system vary in how they flag reasonable accommodations.  CalWIN has an icon for disability accommodations that is displayed in the upper-right side of the “Display Individual Demographics Summary” window.  CalACES North (formerly known as C-IV) can flag cases with an indicator type that county users can select (special accommodations, special circumstances etc.)  CalACES South (formerly known as LRS) allows any county user with access to falg a case to alert the first point of contact.  These flags are identified by a banner at the top of every page.  (ACL 19-13, February 21, 2019.)

CalWORKs overpayment collection threshold and discharge

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THIS ACL HAS BEEN SUPERCEEDED BY ACL 19-102, summarized here.

The California Department of Social Services has issued instruction regarding SB 726.  Effective July 1, 2019, SB 726 will increase the threshold for pursing CalWORKs overpayments and implement an expungement process for CalWORKs overpayments.

Previously, counties could not demand repayment of non-fraudulent CalWORKs overpayments that were less than $35.  Effective July 1, 2019, this overpayment threshold increases to $250.  The overpayment threshold applies only to closed cases.  When the case is active, counties must pursue collection regardless of the amount of the overpayment.  If the case involves a fraud allegation, the overpayment threshold does not apply.

If an overpayment is being repaid in installments, counties must cease collection when the outstanding balance falls under $250.  When there are multiple overpayments, the $250 threshold applies to each overpayment individually.

Effective July 1, 2019, counties must cease collection on non-fraudlent CalWORKs overpayments if the responsible individual has not received CalWORKs for 36 consecutive months or longer.  If a former recipient with an outstanding overpayment claim reapplies and becomes CalWORKs recipient within the 36 month time frame, the county will resume collection of the overpayment.  Overpayment discharge also applies to repayment agreements and civil judgment agreements.  When there are multiple overpayments, the 36 month time frame applies to each overpayment individually.  The 36 month time frame applies retroactively to non-fraudulent overpayments outstanding on July 1, 2019.


The 36 month discharge time frame does not when there is a pending fraud investigation unless the investigation is inconclusive or finds no fraud was committed.  The discharge time frame does not apply to overpayments established before December 1, 1996 because federal law requires collection of those overpayments.

In addition, mass overpayments, which are defined as an action or inaction that impacts either eight percent of the county CalWORKs caseload or more than 1,000 CalWORKs assistance units, whichever is greater, must be reported to CDSS.  After reporting, CDSS will determine if the mass overpayment was caused by negligence or fraud by the county, or a major system error by the state or the county.  CDSS will then determine if those overpayments can be discharged.  (ACL 19-19, February 21, 2019.)

IHSS provider enrollment issues

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The California Department of Social Services has issued clarification regarding various In Home Supportive Services (IHSS) provider enrollment issues.   

Prospective IHSS providers must undergo a background check in order to enroll as a provider.  If an individual has a Tier 1 conviction in the last 10 years, they are barred from being an IHSS provider.  Tier 1 offenses are specified abuse of a child, abuse of an elder or dependent adult and fraud against a government health care program or supportive services program.  Tier 2 crimes also bar an individual from being an IHSS provider for 10 years, but the prospective provider can apply for a waiver.  Tier 2 crimes are a violent or serious felony, a felony for which a person is required to register as a sex offender, and felony fraud against a public social services program. 

CDSS provided a new plain language list of Tier 2 exclusionary crimes and explanation of some of those crimes.  Issues in these explanations include that failure to register as a sex offender, by itself, is not a Tier 2 exclusionary offense, and that a provider who has a Tier 2 felony reduced to a misdemeanor is eligible to work as an IHSS provider.  In addition, any incarceration time for a probation or parole violation is considered part of the original sentence and the ten year bar ends when incarceration for the probation or parole violation ends. 

In general, court orders or court documents are not to be used to deny or terminate IHSS provider enrollment.  Only notice from the Department of Justice can be used to deny or terminate provider enrollment.  However, court orders or court documents can be used to clarify the charged offense or conviction.  In addition, court orders or court documents can be used to determine provider enrollment for non-California offenses.

CDSS also discussed rules regarding minors as IHSS providers.  Minors must be at least 12 years old to obtain a valid work permit.  Minors age 12-13 can only provide limited domestic services and may only be employed on school holidays, weekends or vacations.  Minors age 14-15 can provide cooking or food preparation services but only when supervised by another person over age 18, can work three hours per day school day outside of school hours and eight hours per day on any non-school day.  Minors under age 16 cannot provide medical accompaniment or grocery shopping/errands which would require them to operate a car, and it is recommended that they not administer or dispense medication to recipients.  Minors age 16-17 can provide cooking or meal preparation unsupervised, can work four hours per day school day outside of school hours and eight hours per day on any non-school day and may work a maximum of 48 hours per week.

CDSS also stated rules regarding expired immigrant work documents.   If a non-citizen’s green card or work permit has expired, they are not allowed to work in the United States and therefore cannot be IHSS provides until their work authorization is restored.

An applicant to be a provider must provide a photo identification issued by a United States federal government or state agency or a recognized Native American tribe.  The photo identification does not need to be reverified.   If the photo identification is valid at the time of application, it remains acceptable.

If an individual applies to be a provider in another county, the original county must transfer documents except for the criminal background check, which must be done again by the new county.

Counties must allow labor organizations representing IHSS providers to give a 30 minute presentation during the IHSS provider orientation.  (ACL 19-14, February 7, 2019.)