COVID-19 CalFresh emergency allotment for May, 2022

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California has been approved to issue an emergency allotment of CalFresh for May, 2022.  All households will receive at least the maximum CalFresh allotment.  Households eligible to receive the maximum allowable allotment based on household size are now eligible to receive an emergency allotment of $95 per month. Households who are not eligible to receive the maximum allowable allotment based on household size, but whose emergency allotment would be less than $95 per month to receive the maximum allotment, will receive additional CalFresh benefits to raise their emergency allotment to the $95 minimum.

The emergency allotment will be issued on June 12, 2022 for CalSAWS counties and June 19, 2022 for CalWIN counties.

Moving forward, emergency allotments may be approved by FNS on a month-to-month basis until the Secretary of Health and Human Services rescinds the public health emergency.  There will be a one-month phase out of emergency allotments after the public health emergency is rescinded.  (ACWDL, May 3, 2022.)

Eligibility of Ukranian nationals for federal and state benefits

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THIS LETTER HAS BEEN SUPERCEEDED FOR FEDERAL BENEFITS.  SEE ACWDL, July 6, 2022, summarized here.

The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Ukranian nationals for various public benefits programs.

Ukranian arrivals who have refugee or asylee status qualify for CalWORKs, CalFresh, SSI, and Refugee Cash Assistance (RCA).

Ukranian refugees and asylees are eligible for RCA. Persons with Temporary Protected Status are not eligible for RCA.  Counties must accept a declaration under penalty of perjury of the applicant’s immigration status while documentary verification is pending.

Ukranian nationals who have Temporary Protected Status are not eligible for most federal or state public benefits.

Ukranian humanitarian parolees can be eligible for CalWORKs with state funds.  This is because humanitarian parolees have Permanent Residence Under Color of Law (PRUCOL).  This includes eligibility for Homeless Assistance and Housing Support Program, both of which can supplement federal refugee resettlement funding.

Ukranian humanitarian parolees are eligible for the Cash Assistance Program for Immigrants (CAPI).  They are not eligible for SSI.

Ukranian humanitarian parolees are eligible for CalFresh or California Food Assistance Program (CFAP) if they have been paroled into the United States for at least one year.  Paroled for at least one year means the duration of parole.  A humanitarian parolee is eligible for CalFresh or CFAP from the day they are paroled into the United States if their parole will last at least one year.  Ukranian humanitarian parolees for less than one year are not eligible for CalFresh or CFAP.

Public interest parolees must be admitted to the United States for at least one year and must meet two additional criteria to be eligible for CalFresh, including five years of residence, working 40 quarters, children under age 18, elderly or disabled as defined.  People who do not meet two of the additional criteria can be eligible for CFAP.

Ukranians with refugee, asylee or humanitarian parolee status are eligible for Project Roomkey, Bringing Families Home, Housing and Disability Advocacy Program, and Home Safe.

Ukranian arrivals, including humanitarian parolees, can be eligible for Medi-Cal.

Regardless of the documentation presented, counties must verify immigration status with the SAVE system.  (ACIN I-40-22, April 22, 2022, ACIN I-40-22E, May 24, 2022.)

CalWORKs time limit exemption for indian country residents in areas with over fifty percent unemployment

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The California Department of Social Service (CDSS) has informed County Welfare Departments (CWDs) of Temporary Assistance for Needy Families program updates on whether the Indian Country residents who participate qualify for federal and state time limit exemptions. Members of federally recognized tribes that have over fifty percent unemployment are exempt from both federal and state time limits. The letter identifies federally recognized tribes that had over fifty percent unemployment in 2021. The exemption also applies to tribal TANF programs.

Individuals who live in these areas qualify for the time limit exemption for specified months. If an individual lives in the exterior boundaries of an Indian reservation that is not listed in the letter as having over fifty percent unemployment, the county or Tribal TANF program can get written documentation from the tribe that the individual lived in an area where unemployment of adults is 50 percent or higher.

The California Work Opportunity and Responsibility to Kids (CalWORKS) time limit is 48 months, and the federal TANF time limit for aid is 60 months. As of May 1, 2022, the CalWORKs time limit will increase to 60 months.

CalWORKs applicants and recipients must be informed of all program time limit requirements and of how to request an exemption. Recipients must also be provided with information about their accumulated time on aid at specific intervals.  (ACL 22-28, April 8, 2022.)

Extension of IHSS medical accompaniment for COVID vaccines and reinstatement of emergency back-up

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The California Department of Social Services (CDSS) has issued information to counties about Extension of In Home Supportive Services (IHSS) medical accompaniment for COVID vaccines and reinstatement of COVID emergency back-up providers.

IHSS recipients who have hours for medical accompaniment can use them to get COVID-19 vaccines.  IHSS recipients who do not have medical accompaniment hours can get a one-time provider payment for up to two hours for accompaniment to get a COVID-19 vaccine.  This can be applied retroactively to January 1, 2022 and is available until June 30, 2022.  To get this payment, providers must complete and submit the COVID-19 Medical Accompaniment Claim Form and have the recipient sign the form.  This medical accompaniment time cannot increase IHSS hours above the statutory maximum.

The emergency back-up provider pay rate differential is reinstated retroactive to February 1, 2022 and will be available through June 30, 2022.  (ACL 22-25, March 18, 2022.)

Reinstatement of COVID-19 supplemental paid sick leave for IHSS providers

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The California Department of Social Services has issued instructions reinstating supplemental paid sick leave for In Home Supportive Services (IHSS) providers.  IHSS providers who are impacted by COVID-19 now have up to 40 hours of supplemental sick leave for circumstances related to COVID-19.  This includes two hours of leave per dose of vaccine, and caring for a child whose school or child care is closed because of COVID-19.  IHSS providers can get an additional 40 hours of sick leave if the provider or a family member for whom they are providing care has a positive COVID-19 test.

COVID-19 sick leave will not impact the 16 hours of sick leave IHSS providers currently receive.

If the provider works full time, they will get 40 hours of sick leave.  If the provider works less than full time, the provider will get the total number of hours per week that they are scheduled to work as sick leave.

The COVID-19 supplemental sick leave is available retroactive to January 1, 2022 until September 30, 2022.  (ACL 22-18, March 9, 2022.)

AFDC-Foster Care eligibility and redeterminations

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The California Department of Social Services (CDSS) has issued a reminder and updated policy regarding Aid to Families with Dependent Children-Foster Care (AFDC-FC) eligibility and redeterminations.

AFDC-FC eligibility is established upon legal entry to re-entry into foster care, which is at the time a child is removed from the home or when a volunatary placement agreement is entered.  Annual deprivation redeterminations are not required.  Income and resources are not to be evaluated after the initial determination for the same foster care episode to determine continuing eligibility for AFDC-FC.

An eligibility redetermination is not required when a minor child or nonminor dependent in foster care receives income or property after the initial linkage determination is completed.  Counties must continue to assess for factors that impact AFDC-FC eligibility such as eligible placement, continued court jurisdiction, and, for nonminor dependents, participation in an employment or education activity.

Income and resources cannot be considered at any point in the foster care episode to determine eligibility a non-federal or federal AFDC-FC payment.  This is because a child in an eligible placement who is determined ineligible for a federal AFDC-FC payment is eligible to receive AFDC-FC without federal participation.

No redetermination can be conducted only because a youth turns age 18 while under an order for foster care placement.  Nonminor dependents who were eligible for AFDC-FC remain eligible until the youth exits foster care by court order.  A new AFDC deprivation determination is required only upon re-entry into foster care following a break in dependency.  That new determination is based only on the nonminor dependent’s income and resources, without regard for other family income and resources.

Beginning in 2022, there can be a new determination of AFDC-FC eligible for non-federally eligible youth who turn age 18 in order to access federal funds.

The Approved Relative Caregiver (ARC) program provides payments for relative placements that are not eligible for AFDC-FC.  Income or benefits on behalf of the child are not offset against the rate for ARC because the child’s income or benefits do not count in determining AFDC-FC benefits.  ARC benefits may only be reduced based on a partial month of placement.  Prior contrary guidance is superceeded.  (ACL 22-16, February 15, 2022.)