CalFresh waiver to combine reminder notice and notice of adverse action for periodic reporting

California has been granted a waiver which counties to continue to combine the reminder notice and the notice of adverse action for failure to complete semi-annual reporting.  This notice is sent to clients when they do not submit their semi-annual report on time or submit an incomplete semi-annual report.  New federal regulations require separate notices reminding clients that they failed to submit a complete periodic report and terminating benefits for not submitting a complete periodic report.  The California Department of Social Services (CDSS) issued instructions to implement the new federal regulation in ACL 18-18, summarized here.

Because of implementation challenges, CDSS requested a waiver of the federal regulation requiring separate reminder and termination notices.  The federal government approved the waiver for two years, effective May 1, 2018.  The waiver allows continuing the current practice of combining the reminder notice and the termination notice when the client does not timely complete their semi-annual report.

The waiver requires counties to send the combined reminder notice and termination notice no later than 10 days from the date the report should have been submitted, and, if the household files a complete report during the 10 day period following the combined notice, benefits shall be issued no later than 10 days after the normal issuance date.

As a result, CDSS will continue to use the existing NA 960 X (report not received) and NA 960 Y (report incomplete) notices and ACL 18-18 is no longer in effect.  (ACL 18-74, June 22, 2018.)

CalWORKs Welfare-to-Work requirements for two parent households with one disabled parent and pregnant women only assistance units

The California Department of Social Services (CDSS) has issued instructions implementing AB 910 about Welfare-to-Work requirements for two parent households with one disabled parent and pregnant women only assistance units.

Effective July 1, 2018, two parent assistance units with one disabled parent that are on the 24 month time clock must participate an average of 20 hours per week with a child under age 6 and 30 hours per week without a child under age 6.

To meet federal standards either to stop the 24 month clock or after exhausting of the 24 month clock, two parent assistance units with one disabled parent must participate an average of 30 hours per week of which 20 hours must be core.

Pregnant Woman Only assistance units that are on the 24 month time clock must participate an average of 20 hours per week.  To meet federal standards either to stop the 24 month clock or after exhausting of the 24 month clock, Pregnant Woman Only assistance units must participate an average of 30 hours per week of which 20 hours must be core.  (ACL 18-84, July 5, 2018.)

Criminal welfare fraud prosecution timeframe

The California Department of Social Services (CDSS) has issued instructions implementing SB 360 regarding criminal prosecution for welfare fraud based on a match from the Income and Eligibility and Verification (IEVS) system.

Counties must review and compare information from IEVS with the case record to determine any differences that affect eligibility or benefit levels.  If there are differences that would affect eligibility or benefit level, the county must mail the client a verification letter within 45 days of receiving the IEVS data.  In addition, counties must establish an overpayment or overissuance by the end of the quarter following the quarter in which the county received the IEVS data.

The client can no longer be subject to criminal prosecution for any month following the 45th day of the county’s receipt of the IEVS data if the county does not provide the client a verification letter within 45 days of receiving the data or the county does not establish the overpayment or overissuance by the end of the quarter following the quarter in which the county received the IEVS data.  (ACL 18-22, March 27, 2018.)

CalWORKs Immediate Need overpayments

The California Department of Social Services (CDSS) has issued instructions about overpayments of CalWORKs immediate need benefits.

Applicants are eligible for CalWORKs immediate need if they are apparently eligible for CalWORKs and have an emergency situation.  With limited exceptions, information does not need to be verified for immediate need eligibility.

An immediate need payment is only an overpayment if the applicant was not apparently eligible for CalWORKs when the immediate need payment was issued.  A finding by the county that the assistance unit is not eligible for CalWORKs after full evaluation of the case does not, by itself, mean that immediate need is an overpayment.

A change in circumstances between issuance of immediate need and full evaluation of the application does not make the immediate need payment an overpayment unless the applicant was not apparently eligible for CalWORKs when the immediate need payment was issued based on the circumstances at the time the immediate need payment was issued.  (ACL 18-26, June 6, 2018.)

Homeless Assistance for family reunification

The California Department of Social Services (CDSS) has issued instructions implementing AB 236 regarding homeless assistance for family reunification cases.

CalWORKs families receiving family reunification services are now eligible for 16 days of temporary homeless assistance while searching for permanent housing.  CalWORKs families receiving family reunification services are eligible if they are homeless and have no more than $100 in liquid resources.  Counties should offer additional services to assist with housing including Family Stabilization, Housing Support Program and Bringing Families Home program.  (ACL 18-71, June 25, 2018.)

Domestic Violence expansion of homeless assistance

The California Department of Social Services (CDSS) has issued instructions implementing AB 557 regarding the expansion of homeless assistance for persons escaping domestic abuse.

CalWORKs applicants who provide a sworn statement of past or present domestic abuse and are fleeing the abuser are eligible for up to 32 days of temporary homeless assistance benefits if found to be apparently eligible for CalWORKs regardless of the abuser’s income or assets.  This benefit is available even if the applicant has not spent a night homeless.  This benefit is available even if the applicant has a joint bank account that they claim belongs to the abuser.

Any income or assets the applicant has on hand will be evaluated toward the $100 limit for homeless assistance eligibility.  There is no requirement that the applicant verify homelessness beyond the sworn statement that they are fleeing domestic abuse.

CalWORKs applicants fleeing domestic abuse shall receive a lump sum equal to 16 days of temporary homeless assistance benefits on the date of application.  Applicants will received a lump sum for an additional 16 days of homeless assistance if they remain homeless and their CalWORKs application has not yet been granted.  Payments can be made to the applicant or to the temporary shelter at the applicant’s choice.  If the applicant does not provide verification that the funds were spent on shelter, the second 16 days can be issued by voucher.

Persons fleeing domestic violence are not required to provide proof of their search for housing unless they have also been granted immediate need or are issued their first month of CalWORKs benefits and therefore have been issued regular homeless assistance.  In such cases, counties are strongly encouraged to grant good cause from complying with the housing search verification requirement.

The homeless assistance benefit for persons fleeing domestic violence is available once in a lifetime.  (ACL 18-78, June 29, 2018.)