Changes to Social Security overpayment policies

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The Social Security Administration has announced four changes to its policies about overpayments.

  1. Reducing the default withhold for overpayments from Social Security benefits from 100 percent of monthly benefits to 10 percent of monthly benefits.
  2. Shifting the burden of proof away from the claimant when determining whether the claimant was at fault in causing the overpayment. This change should make it easier to have waiver of overpayment granted.
  3. Increasing the possible timeframe for a payment plan from 36 months to 60 months. This change should make it easier to enter into and follow repayment agreements.
  4. Making it easier to request waiver of overpayment. The policy is not specific about now it will be easier to request waiver of overpayment.

(Social Security Dear Colleague Letter, March 20, 2024.)

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Change to SSI In Kind income rule for food

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The Social Security Administration has published a final rule changing the In Kind Support and Maintenance (ISM) rule.  Currently, the ISM rule counts both food and shelter that a SSI recipient receives as unearned income that can reduce Supplemental Security Income.  The new rule counts only shelter and no longer counts food as in kind support that can count as income. The new rule is effective starting on September 30, 2024.  (Social Security Dear Colleague Letter, March 27, 2024.)

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Changes to the Bringing Families Home program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the Bringing Families Home Program. Bringing Families Home provides financial assistance and housing support services to families receiving child welfare services, including tribal child welfare services, where the family is experiencing or at risk of homelessness and housing stability will increase family reunification or prevent foster care placement.

For Bringing Families Home, grantees were required to provide dollar-for-dollar matching funds.  That requirement was waived beginning July 1, 2021.  That waiver is extended to June 30, 2025.

The definition of homeless is now expanded to include individuals or families who are fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual, family member, including a child.

The definition of permanent housing is now clarified to be no predetermined time limits on the length of stay at the premises.

CDSS must adopt regulations for the Bringing Families Home program by July 1, 2024.

Technical assistance about the Home Safe program is available to all grantees from CDSS.  (ACL 24-21, March 21, 2024.)

Changes to the Home Safe program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the Home Safe Program. Home Safe provides housing support services to older adults and dependent adults who are both at risk of homelessness, and who experience abuse, neglect, exploitation, or unable to care for their own needs interests.  The program is operated by counties and tribes with grant money from CDSS.

For Home Safe, grantees were required to provide dollar-for-dollar matching funds.  That requirement was waived beginning July 1, 2021.  That waiver is extended to June 30, 2025.

The definition of adult protective services was limited to meaning in Welfare and Institutions Code section 15610.10.  The definition of adult protective services is now expanded to include activities performed, in accordance with tribal law or custom, by tribes because of the potential for abuse or neglect.

The definition of older adult was limited to persons over age 60.  The definition of older adult is expanded to include individuals receiving services from a tribe within the age range established by the tribe for serving needy and vulnerable older adults.

Technical assistance about the Home Safe program is available to all grantees from CDSS.  (ACL 24-12, March 1, 2024.)

Changes to the HDAP program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the Housing and Disability Assistance Program (HDAP). HDAP provides housing support and disability benefits advocacy for people experiencing homelessness or who are at risk of homelessness.  The program is operated by counties and tribes with grant money from CDSS.

For HDAP, grantees were required to provide dollar-for-dollar matching funds.  That requirement was waived beginning July 1, 2021.  That waiver is extended to June 30, 2025.

CDSS is now required to adopt regulations for all aspects of the HDAP program by July 1, 2024.

Grantees are required to seek Interim Assistance Reimbursement from program participants, meaning that grantees must take necessary steps to recoup HDAP benefits from retroactive Supplemental Security Income payments.  That requirement was waived beginning July 1, 2024.  That waiver is extended to June 30, 2025.

Technical assistance about the HDAP program is available to all grantees from CDSS.  (ACL 24-13, March 1, 2024.)