Disaster Unemployment Assistance for February and March storms

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Residents of Kern, Mariposa, Monterey, San Benito, Santa Cruz, Tulare and Tuolumne Counties can now apply for Disaster Unemployment Assistance (DUA).  DUA is available to workers business owners, and self-employed persons who lost their job or business, or had their work hours reduced or interrupted because of impacts of the severe storms that began on February 21, 2023.

DUA applies to losses beginning the week of February 26, 2023.  Eligible full-time workers and self-employed persons can get between $171 and $450 per week for up to 32 weeks.  Part-time workers and part-time self-employed persons may be eligible.  The last payable week of DUA ends October 7, 2023.

DUA is available to storms victims who meet any of the following criteria:

  1. Worked or were a business owner or self-employed, or were scheduled to begin or resume work or self-employment, in the disaster area and lost work or had their hours reduced or interrupted because of the disaster.
  2. Cannot reach work because of the disaster or can no longer work or perform services because of physical damage or destruction to the place of employment or self-employment as a direct result of the disaster.
  3. Live in the major disaster area and cannot reach their place of work or self-employment outside the major disaster area because of the disaster.
  4. Cannot perform work or self-employment because of an injury caused by the disaster.
  5. Became the major support for their household because of the death of their head of household caused by the disaster.

Persons must have applied for and used all regular unemployment insurance benefits, or be ineligible for regular unemployment benefits, and remain unemployed, to be eligible for DUA.  In addition, the work or self-employment that the person can no longer do must have been their primary source of income.

Applicants must submit all required documentation within 21 days of applying.  Required documentation includes the most recent federal tax form or check stubs, or other documentation to support that the applicant was working or self-employed when the disaster happened.

Applications for DUA must be filed by May 15, 2023 unless the applicant has good cause.  (EDD News Releases 23-15, April 14, 2023.)

Disaster CalFresh April 2023

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The California Department of Social Services has issued guidance and information regarding implementation of Disaster CalFresh for April, 2023 for the California winter storms and power outages.  Disaster CalFresh has been approved for Kern, Mariposa, Monterey, San Benito, Santa Cruz, Tulare, and Tuolumne Counties.

Disaster CalFresh provides one month of temporary food assistance to households affected by natural disasters who were not already receiving CalFresh.

To be eligible for Disaster CalFresh, a household must have:

1) lived or worked in the disaster impacted county at the time of the disaster;

2) Purchased or planned to purchase food during the benefits period, which is February 21, 2023 through March 22, 2023;

3) Experienced an adverse effects because of the disaster, such as food loss, loss of income, inaccessible resources, or disaster-related expenses;

4) Meet the Disaster Gross Income Limit.  To be eligible, the household’s income received plus accessible liquid resources, minus disaster related expenses, must be less than the Disaster Gross Income Limit.

A Disaster CalFresh household includes people who lived and purchased and prepared food together on the start date of the disaster. A Disaster CalFresh household does not include people who the applicant is temporarily staying with at the time of application due to the disaster. A Disaster CalFresh household may include people who had been excluded from an ongoing CalFresh household at the time of the disaster.

Disaster CalFresh requires verification of 1) Identity; 2. Residency and loss/inaccessibility of income or liquid resources, if possible; and 3. Household composition and food loss, when questionable.

While identity verification is required, a specific type of documentary proof is not Acceptable identity verification may include, but is not limited to, a driver’s license, a work or school identification card, an identification card for health benefits, a voter registration card, a foreign passport, and “matricula consulares.”

A social security number is not required to apply for D-CalFresh.

To the extent possible, verification of residency should be satisfied via information from other sources, such as a rent or mortgage billing statement, utility billing statement, and identity documents. No specific type of documentary proof is required.

Counties should assist households in obtaining necessary verification. This includes, with the client’s permission, verifying information through alternative sources such as online banking or utility accounts, and using collateral contacts.

Certified households must be able to access benefits within 72 hours of application, which begins to run on the day of the interview.

Authorized representatives may assist with Disaster CalFresh applications following the same policy as for regular CalFresh.

The Disaster CalFresh application for April, 2023, is April 17, 2023 through April 21, 2023, and April 24, 2023 through April 25, 2023.  The filing date is the day that the interview is completed and not the day that county receives the application.  Applicants must complete the CF 385 form and submit it during the application period.  Applications can be submitted by phone, online or in person. When accepting Disaster CalFresh applications by phone, verbal attestation is acceptable. Applicants who submit the application and verification online will be called for an interview within 24 hours.  If an online application does not have a phone number, the county must send the applicant a reminder notice to complete the interview no later than April 28, 2023..

Disaster CalFresh interviews should be done in-person when possible, but they can be done by phone.  (ACWDL, April 14, 2023.)

County requests for approval of exemption of Guaranteed Income project income for CalWorks and CalFresh

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The California Department of Social Services (CDSS) has issued a notice to describe how counties with Guaranteed Income (GI) projects can request that their programs be approved as CalWORKs GI Projects and therefore not be counted as income for CalWORKs and CalFresh. GI payments will count as income CalWORKs unless CDSS grants an exemption requested by the county.  Counties that would like to receive the CalWORKs exemption must submit the TEMP 3023 form.  County requests that GI not be counted as income for CalWORKs must include a comprehensive plan, a research plan and an Institutional Review Board approval.  CDSS will approve requests by formal order of the Director.  The order cannot extend beyond three years.

Note that CalWORKs Guaranteed Income Projects are different than California Guaranteed Income projects.  Income from California Guaranteed Income projects is also exempt for CalWORKs and CalFresh if the program including any private funding.

GI income will count for CalFresh unless any part of the GI payments are funded by a  nongovernment source, and the GI program is approved by CDSS. (ACIN I-35-22, April 14, 2022.)

AB 2300 changes to sanctions, exemptions and good cause and counting of Paid Family Leave

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The California Department of Social Services (CDSS) informs counties of changes in sanctions, exemptions, good cause, and counting of Paid Family Leave.

For CalWORKs, the first $225, and then one-half of remaining disability-based income is disregarded.  Effective October 1, 2024 or when automation is completed, whichever is later, disability-based income will include Paid Family Leave benefits.  Note that the $225 initial disregard amount will also increase when the addition of Paid Family Leave benefits as disability-based income occurs.

In addition, effective October 1, 2024 or when automation is completed, whichever is later any month in which a CalWORKs recipient receives Paid Family Leave benefits will not count towards the CalWORKs 60-month time on aid clock.  This exemption only applies to the CalWORKs time on aid clock and does not apply to the federal Temporary Assistance to Needy Families time on aid clock.

16 and 17 year olds who are required to attend school, and qualifying custodial parents under age 20 are exempt from Welfare-to-Work participation as long as they are attending school.  Previously, individuals lost this exemption if they stopped attending school.  Effective January 1, 2023, these individual can regain their exemption if they return to school.

Effective January 1, 2023, there are several new reasons for good cause for not meeting Welfare-to-Work requirements.  A CalWORKs recipient should be granted good cause for nonparticipation in Welfare-to-Work if anticipated hours of employment are unpredictable,  the recipient has one of 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.  A recipient is not required to verify their statement, and is not required to reference any specific law.  These good cause reasons may not last longer than three months.

These good cause reasons also apply to CalFresh work requirements.  (ACL 23-30, March 22, 2023.)

Welfare-to-Work during COVID-19 pandemic recovery

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The California Department of Social Services (CDSS) has issued guidance regarding Welfare-to-Work during recovery from the COVID-19 pandemic.  Counties currently can grant blanket good cause, that is, not requiring anyone to participate in Welfare-to-Work, because of COVID-19.  The blanket good cause option will end 60 days after the federal Public Health Emergency is lifted.  Currently, the federal Public Health Emergency is scheduled to end on May 11, 2023.

After the Public Health Emergency ends, counties will have 60 days, or as soon as is administratively feasible, to re-engage participants who had blanket good cause.  Counties can continue to grant good cause on a case-by-case basis because the COVID-19 pandemic prevents or significantly impairs the individual’s ability to participate.

CDSS strongly recommends that counties grant good cause to CalWORKs participants who are experiencing homelessness or housing instability that interferes with their ability to participate in Welfare-to-Work.

Counties are encouraged to do avoid initiating noncompliance and saction procedures.  This includes promoting education; incentives for Welfare-to-Work participation; using Expanded Subsidized Employment, apprenticeship and pre-apprenticeship programs, and other employment and training activities; using family stabilization; and conducting meetings, appointments and signing documents electronically.

Counties are encouraged to allow partial or progressive engagement to assist in making incremental progress toward full Welfare-to-Work participation.

Counties can offer incentives for Welfare-to-Work participation, such as gift cards, cash, or vouchers.

Counties can continue Expanded Subsidized Employment and CalWORKs Work Study, even when worksites are closed because of COVID-19.

Electronic and telephonic signatures continue to be allowed and encouraged for Welfare-to-Work.  Counties are encouraged to conduct meetings and appointments with participants virtually.  Counties should give flexibility in scheduling to facilitate participation, including allowing virtual meetings.    (ACWDL, December 30, 2022.)

CalWORKs and winter storm disaster

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The California Department of Social Services (CDSS) has issued a reminder about policy for processing CalWORKs cases for victims and evacuees of state and/or federally declared disasters. Because of the winter storms, Governor Newsom issued statewide Emergency Proclamations affecting Amador, Kern, Los Angeles, Madera, Mariposa, Mono, Nevada, San Bernardino, San Luis Obispo, Santa Barbara, Sierra, Sonoma, Tulare, Butte, El Dorado, Fresno, Humboldt, Imperial, Inyo, Lake, Mendocino, Merced, Monterey, Napa, Placer, Plumas, Sacramento, San Francisco, San Mateo, Santa Clara, Santa Cruz, Stanislaus, Tuolumne, and Yuba counties. In addition, on December 20, 2022, Governor Newsom issued an Emergency Proclamation for Humboldt County due to the effects of the 6.4 magnitude earthquake.  These disasters have made it necessary for some families to evacuate their home counties.

For evacuees who apply for CalWORKs, if the applicant and the county make a good faith effort to obtain verification and are unable to do so, including identity, time on aid, and CalWORKs eligibility factors, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.

When an evacuee applies for CalWORKs, counties must establish that the evacuee was living in a county designated as a federal disaster and/or state-declared emergency zone and ask if the evacuee or anyone else in their family is receiving CalWORKs from that county or another disaster county.

Counties are reminded that COVID-19 flexibilities remain in place and apply to evacuees, including flexibility regarding pregnancy verification, in-person photo identification requirements, and signature requirements.  These flexibilities should allow for effective disaster response.

Disaster evacuees applying for or receiving CalWORKs aid must be informed of their semi-annual and annual reporting responsibilities. Counties must advise evacuees to try to get documentation of eligibility factors impacting for benefits, and to ask for help from the county in getting documentation if they need it.

CalWORKs recipients may be eligible for nonrecurring special needs payments because of emergencies from the fires, such as damage to or loss of shelter or belongings. Nonrecurring special needs funds can be used to repair or replace clothing or household equipment, to provide assistance for damages to the home, or to pay for interim shelter when the AU’s home was destroyed or made uninhabitable or inaccessible. The maximum nonrecurring special needs payment is $600 for each individual incident.

Disaster assistance from federal, state or local government or disaster assistance organizations is excluded from consideration as income.

For CalWORKs applicants, counties are encouraged to offer CalWORKs diversion to evacuees to address their specific crisis or item of need. Applicants in an emergency should be evaluated for Immediate Need Payments. Both applicant and recipient evacuees should be entitled to an exception to the once in twelve months limitation on receiving Homeless Assistance. Recipient evacuees may also be eligible the CalWORKs Housing Support Program.

A written statement from the applicant is sufficient to establish intent to establish residency in California and in the county of application for the foreseeable future. Receipt of benefits at an address outside of California for two months or longer is not apparent evidence of intent to reside outside of California when return to California is prevented by a disaster.

Families who are in an emergency should be evaluated for an immediate need payment.

For income, it is expected that some evacuees will no longer have reasonably anticipated income because of the disaster. For property and resources, counties must consider the applicant’s ability to access, occupy or sell their property at the time of application because of the disaster.

For families temporarily separated because of the disaster, a family member is considered temporary absent if they expect to reunite within one full calendar month. CalWORKs recipients can maintain a home in a different county than the county they are physically residing in if they intend to return to that home within four months.

Most evacuated families will not be able to participate in welfare-to-work activities. Counties should make a good cause determination for evacuated families for nonparticipation in welfare-to-work activities. Counties should also determine if an applicant needs barrier removal services such as mental health services or housing stabilization program services and provide these services as expeditiously as possible.

Counties must maintain the ability for families to apply for Homeless Assistance benefits during normal business hours.  Temporary Homeless Assistance must be issued or denied within the same working day as the request.  Permanent Homeless Assistance must be approved or denied within one business day.

Homeless Assistance can be issued in one lump sum payment for 16 days when homelessness is caused by a declared disaster.  Counties must accept sworn statements of how homeless assistance money is spent, or counties can grant good cause for not providing paper verification such as motel receipts.  Homeless Assistance applications are not required to be made in person or to include a face-to-face interview.  Counties can complete the homeless assistance Statement of Facts on behalf of the family and accept electronic signature or oral attestation.

The CalWORKs Housing Support Program can provide interim housing, including hotels and motels, for disaster evacuees.  CDSS does not limit the number of days the Housing Support Program can cover hotels or motels.

Counties must notify CDSS when they will be closed during normal business hours.  CDSS asks counties to report closures because of a disaster to CDSS as soon as it is safe to do so. (ACWDL, April 3, 2023.)

Addendum — Contra Costa, Riverside, San Diego, and Yolo counties are also now declared disaster counties and are subject to these policies.  (ACWDL. April 27. 2023.)