Changes to RCA, ECA and TCVAP

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The California Department of Social Services (CDSS) informs counties about the effect of various CalWORKs changes on the Refugee Cash Assistance (RCA) program, Entrant Cash Assistance (ECA) program and Trafficking and Crime Victims Protection Act (TCVAP) benefits.  In general, CalWORKs financial eligibility and payment rules apply to RCA, ECA and TCVAP.

Paid Family Leave (PFL) benefits now are considered disability-based unearned income for purposes of CalWORKs.  PFL benefits fall under the CalWORKs disability-based unearned income disregard.  As a result, PFL benefits also fall under the RCA, ECA and TCVAP disability-based unearned income disregard.

PFL benefits are also a CalWORKs 60-mont time on aid limit time limit clock stopper. However, PFL benefits do not stop the 12-month eligibility time limit for RCA, ECA and TCVAP.

RCA, ECA and TCVAP applicants who are 16 or 17 years old, and are full time students are exempt from employment registration.  Parents under age 20 are also exempt from employment registration.  Because of a change in CalWORKs law, an individual who loses this exemption may again receive it if they resume full-time school attendance if they are otherwise eligible.

Counties can exempt RCA, ECA and TCVAP recipients from employment registration for good cause.  Because of a change in CalWORKs law, these good cause reasons have been expanded to include that hours of employment are unpredictable,  the recipient has one of a list of labor or employment law violations, the recipients states they have experienced sexual harassment or other abusive conduct at work, or the recipient states that their rights under and federal, state or local labor or employment law were violated.  (See ACL 23-30, summarized here.)  (ACL 23-95, November 14. 2023.)

Changes to CalWORKs Homeless Assistance and referrals for Pregnancy Special Needs

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the CalWORKs Homeless Assistance program and referrals for Pregnancy Special Needs.

CalWORKs applicants can verify pregnancy by a sworn statement or verbal attestation, and submitting medical verification within 30 working days of submitting the sworn statement or verbal attestation.  This change now applies to requests for CalWORKs Homeless Assistance.  CalWORKs applicants with no other CalWORKs eligible children can satisfy the pregnancy verification requirement for Homeless Assistance by sworn statement or verbal attestation.  If the applicant does not submit medical verification within 30 days, counties cannot issue issue additional homeless assistance benefits unless the pregnant person presents evidence of good-faith efforts to get verification of pregnancy.

Counties can require a homeless avoidance case plan when a family receives homeless assistance for the second time in a 24-month period.  Effective October 1, 2023, counties that require a homeless avoidance plan must also provide a housing navigator to the family.  CDSS encourages that homeless avoidance plan be optional.  CDSS also encourages counties to refer all homeless assistance recipients to Housing Support Program and Family Stabilization.  Family may receive both Housing Support Program and Family Stabilization at the same time.

If a county requires a homeless avoidance case plan for a family that verifies domestic violence by sworn statement, the plan shall include providing domestic violence services.

Homeless Assistance eligibility is expanded to families who receive any notice that could lead to an eviction, regardless of the reason for the notice.  This change is effective July 1, 2024, or when computer automation is completed, whichever is later.

Note that counties must accept a sworn statement to verify homelessness.

For purposes of homeless assistance eligibility, domestic violence is expanded to include actions done by any roommate.  This expansion applies to both the domestic violence homeless assistance benefit, and the domestic violence exception to the once in 12 months limit on homeless assistance.  This change is effective July 1, 2024, or when computer automation is completed, whichever is later.

Effective October 1, 2023, counties must refer pregnancy special needs payment recipients to perinatal home visiting services administered county public health, county social services, or county home visiting providers.  This includes CalWORKs Home Visiting Program and California Home Visiting Program.  (ACL 23-83, October 6, 2023.)

Changes to CalFresh Able Bodied Adults Without Dependents time limit policy

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California Department of Social Services (CDSS) has issued guidance regarding changes to the CalFresh Able Bodied Adults Without Dependents (ABAWD) time limit policy.  These changes implement the federal Fiscal Responsibility Act of 2023.

Under existing policy, CalFresh recipients age 18 to 49 who are able bodied, do not have dependent children, and do not meet the criteria for an exemption are limited to three months of benefits in a 36 month period unless the recipient meets the ABAWD work requirement, qualifies for an additional three months of benefits, receives a discretionary exemption, or lives in a county or an area that has a waiver.  Current federal law allows discretionary exemptions for 12 percent of the state annual CalFresh caseload.

The Fiscal Responsibility Act of 2023 increases the age of those subject to the ABAWD rules to 50 effective September 1, 2023, 52 effective October 1, 2023, and 54 effective October 1, 2024.

The Fiscal Responsibility Act of 2023 also adds exemptions for individuals experiencing homelessness, veterans, and foster youth age 24 or younger who were in foster care on their 18th birthday.  The new exemptions are effective September 1, 2023.

The Fiscal Responsibility Act of 2023 reduces the number of discretionary from 12 percent of the caseload, to eight percent of the caseload.

Beginning September 1, 2023, the new exemptions must be applied at initial certification, recertification, and mid-period if a voluntary reports information that qualifies for one of the new exemptions.  Counties must screen for and document ABAWD time limit exemptions in the case file.

Verification of ABAWD exemptions is only required when information is questionable.  The county must support households in obtaining verification and must accept any reasonable documentary evidence provided by the household.

California currently has a statewide ABAWD time limit waiver through October 31, 2024.  However, counties must continue to identify ABAWDs, screen for exemptions, inform households of the ABAWD rules, provide the CalFresh Informational Notice, and track ABAWD data.  (ACL 23-80, September 21, 2023.)

Changes to CalFresh electronic theft replacement policy

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California Department of Social Services (CDSS) has issued guidance regarding changes to the CalFresh electronic theft replacement policy.  These changes are effective December 1, 2023.

CalFresh recipients are no longer required to report electronic theft to EBT Customer Service or the county within 10 days of the theft.  CalFresh recipients must file the EBT 2259 Report of Electronic Theft form with the county within 90 calendar days of the theft.  CalFresh recipients who had there benefits electronically stolen by scamming, that is, by getting tricked into disclosing their PIN, no longer need to also complete the EBT 2259A form.

The county or EBT Customer Service must immediately deactivate and replace an EBT card when the household reports theft.

CalFresh recipients who lose benefits to electronic theft can receive up to two months of replacement benefits for each countable replacement of electronic theft.  A countable replacement is each overall sequence of electronic theft transactions, regardless of how many transactions are involved.

A household can only receive two instances of electronic theft replacement each fiscal year (October 1 to September 30).  Replacements prior to December 1, 2023 do not count toward this limit.

The county has 10 business days from receipt of the EBT 2259 form to process the claim.

Automation of electronic theft claims, including availability of the EBT 2259 form on BenefitsCal, is expected by March 2024.

CalFresh recipients may be eligible for retroactive replacement of CalFresh benefits electronically stolen between October 1, 2022 and November 30, 2023.  To file a retroactive claim, CalFresh recipients must complete the revised EBT 2259 form no later than February 29, 2024.  Retroactive replacements are available if the cardholder was denied replacement benefits for not meeting the previous 10 day filing requirement, the cardholder only got one month of replacement benefits, but more than one month of benefits was electronically stolen, or the cardholder did not previously file an EBT 2259 form.  Retroactive claims are subject to the to countable replacements per fiscal year limit.

The county has 30 days to process retroactive claims and issue replacement benefits.  The county cannot require issuing a replacement EBT card.

Counties can no longer deny replacement benefits based on the dollar amount of a claim or the number of previous claims.  Counties must consider all facts of a claim to determine if an investigation is appropriate.  Counties can no longer delay replacement of benefits unless the county believes the claim itself to be fraudulent.  If the investigation determines that the claim is fraudulent, the county can pursue appropriate administrative or criminal actions.

(ACL 23-92, November 6, 2023.)

CalWORKs Home Visiting Program eligibility for pregnant persons

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California Department of Social Services (CDSS) has informed counties that eligibility for the CalWORKs Home Visiting Program has changed for pregnant persons.

The CalWORKs Home Visiting Program is a voluntary program that home visiting services to pregnant and parenting families.  Previously, pregnant persons who applied for CalWORKs within 60 days of the second trimester of pregnancy were eligible for the Home Visiting Program.  Effective July 1, 2022, a pregnant person became eligible for CalWORKs regardless of which trimester of pregnancy they were in.  As a result, effective July 10, 2023, any pregnant person who is a member of a CalWORKs assistance unit, is the parent or caretaker relative in a child-only CalWORKs case, or is apparently eligible for CalWORKs, is eligible for Home Visiting Program services.  (ACL 23-90, November 6, 2023.)

 

Treatment of income from Guaranteed Income Pilot Programs for various program

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Payments issued under the State Funded Guaranteed Income (GI) Pilot Program are exempt from being considered income and resource for various state and local benefit and assistance programs. There are seven pilot programs to support former foster youth and or pregnant individuals. This CDSS guidance only applies to State Funded Guaranteed Income (GI) Pilot Programs.

Cal Fresh: GI payments will not count as income but may count as resources.

Housing and Urban Development (HUD): HUD denied a waiver that would exempt payments from determinations. HUD did provide a list of options that may exempt GI.

Medical and Children’s Health Insurance Program: The federal government gave approval to disregard payments from a California pilot GI project as income for 12 months for Non-Magi eligibility. Medi-Cal will no longer count resources as an eligibility determination as of January 1,2024. Former foster youth are eligible for Medi-Cal regardless of income.

Refugee Cash Assistance: GI payments will not count as income or resources.

Tribal Temporary Assistance for Needy Families: The Administration of Children and Families may approve a GI exemption for individual’s tribes through an amendment to a tribes Tribal Family Assistance Plan

Women Infants and Children (WIC): If the person is currently enrolled in Medi-Cal, CalWORKs or Cal Fresh no income assessment is needed because participants in those programs are categorically eligible for WIC. If a WIC recipient is not enrolled in one of those programs, GI income may impact eligibility.

GI payments are exempt from all state benefit or assistance programs. This includes but is not limited to Assistance Dog Special Allowance, CalWORKs, Cash Assistance Programs for Immigrants, Trafficking and Crime Assistance Programs (TCVAP), California Food Assistance Program, and Childcare and Development Programs.

GI payments received under the pilot program cannot consider income or resources for any local befit or assistance program. This includes but is not limited to. General Assistance and General Relief (GA/GR).  (ACWDL, July 21, 2023.)