Limit on collection of CalWORKs overpayments of less than $250

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Effective July 1, 2019, the threshold for collection of CalWORKs overpayments from people no longer receiving CalWORKs increased from $35 to $250.  Counties cannot demand collection of non-fraudulent overpayments totaling less than $250.

The California Department of Social Services has issued guidance that debt collection cannot occur for administrative error or client error CalWORKs overpayments of less $250.  The collectable limit for Intentional Program Violations has not changed.  (ACL 21-124, November 4, 2021.)

Foster Care new expectant parent payment

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Beginning January 1, 2022, pregnant minors and nonminor dependents will be entitled to a payment made directly to them starting in the seventh month of pregnancy.  This payment is available to pregnant minors and nonminor dependents who receive AFDC-Foster Care or Adult Relative Caregiver benefits.

Prior to automation, this payment will be issued as a lump sum of $2,700.  When automation is finalized, an amount equal to the home-based foster care infant supplement will be paid monthly for the final three months of pregnancy.  Payments will not be automated until at least July 1, 2023.

The pregnant child or nonminor dependent cannot be required to submit any accounting or receipts to show how the funds are spent.  All items bought with these funds are property of the child or nonminor dependent and go with them when they change facility or age out.

Expectant parent payments are not available for children in the Adoption Assistance Program or the KinGAP program.

The expectant parent payment cannot be prorated and overpayments cannot be established or collected.  If the pregnancy is not identified before the seventh month, the child or nonminor dependent must still receive the entire three months of payment.

Counties should establish procedures for identifying and enrolling eligible children and nonminor dependents.  Counties should also identify opportunities in which case management workers can share information about this benefit.

Counties should request verification of pregnancy from a qualified medical professional.  (ACL 21-123, October 8, 2021.)

CalWORKs Housing Support Program funding and rules changes

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The CalWORKs Housing Support Program (HSP) is intended to foster housing stability for families experiencing or at-risk of homelessness in the CalWORKs program.  All CalWORKs recipient families are eligible for the HSP.  HSP eligibility now includes families in CalWORKs who are at-risk of homelessness including recipients who have not yet received an eviction notice, and for whom housing instability would be a barrier to self-sufficiency or child well-being.

In general, homeless for purposes of HSP means either 1) an individual or family who lacks a fixed, regular, and adequate nighttime residence, 2) An individual or family who will imminently lose their primary nighttime residence, 3) Any individual or family who is 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 or a family member, has no other housing and lacks resources to obtain other housing.

For the purposes of HSP, a person is defined as at-risk of homelessness when they are experiencing housing instability, including recipients who have not yet received an eviction notice, and for whom housing instability would be a barrier to self-sufficiency or child well-being; have no subsequent permanent residence secured; and lack resources to secure subsequent permanent housing.  Families must be allowed to self-attest that they are at-risk of homelessness.

HSP provides rapid rehousing service, which includes housing identification, rent and move-in assistance, and case management.  HSP can also provide homelessness prevention assistance, which includes payment rent or utility arrears, late fee payments, first month rent and/or security deposit, landlord mediation, repairs, habitability/accessibility improvements, and housing navigation.  Counties are encouraged to limit their spending on homelessness prevention assistance to no more than 30 percent of their HSP allocation.

HSP must operate in accordance with the United States Department of Housing and Urban Development Housing First principles.  This means that individuals should be connected to housing or housing support without preconditions, services must be voluntary, client choice must be respected, and client cannot be rejected on the basis of income, past evictions, substance abuse, or any other behavior that might indicate a lack of housing readiness.

HSP should assist participants who are behind in rent with accessing ERAP funds before using Home Safe funds to pay back rent.  This is not requirement for Home Safe eligibility, but is a requirement to use ERAP funds before Home Safe funds for rental assistance.  If ERAP rent relief would not prevent a loss of housing and the family is eligible for HSP, then HSP funds can be utilized to keep the family housed, including by covering arrears to prevent a loss of housing.  (ACWDL, December 13, 2021.)

Home Safe program funding and rules changes

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The Home Safe program provides housing services to Adult Protective Services (APS) clients. People are eligible for Home Safe if they 1) are an APS client or in the process of an APS intake, 2) are homeless or at imminent risk of homelessness, and 3) they voluntarily agree to participate in the program.  Home Safe must prioritize persons who are most likely to fall into homelessness without assistance.

Homelessness and imminent risk of homelessness are: 1) lacking a fixed or regular nighttime address and either living in a shelter, hotel, or motel designed to provide temporary living accommodations, or living in a place not designed for, or ordinarily used for, human habitation; 2) Receiving a court judgment for eviction; 3) receiving a notice to pay rent or quit, or will imminently lose their housing; 4) in a living situation associated with a substantiated report of elder abuse, neglect or financial exploitation.

Home safe eligibility has been expanded to include 1) individuals who are in the APS intake process, 2) individuals who may be served through a tribal social services agency who appears to be eligible for APS, 3) persons who will imminently lose their primary nighttime residence including persons who have not yet received an eviction notice, 4) persons who have a primary nighttime residence or living situation that poses an imminent health and safety risk and the individual lack resources to obtain other permanent housing.

Home Safe offers intensive case management, housing stabilization which includes legal assistance; eviction prevention, tenant education, credit repair, cleaning services, hazard removal, assistance with hoarding, and home repairs or modifications; housing navigation; and connection to long term support including referral to the local continuum of care

Home Safe must operate in accordance with the United States Department of Housing and Urban Development Housing First principles.  This means that individuals should be connected to housing or housing support without preconditions, services must be voluntary, client choice must be respected, and client cannot be rejected on the basis of income, past evictions, substance abuse, or any other behavior that might indicate a lack of housing readiness.

Homeless prevention can include eviction prevention, which can include short term or one-time financial payments, including payment of back rent, in addition to more substantial case management or other supportive services.

Home Safe should assist participants who are behind in rent with accessing ERAP funds before using Home Safe funds to pay back rent.  This is not requirement for Home Safe eligibility, but is a requirement to use ERAP funds before Home Safe funds for rental assistance.  (ACWDL, October 15, 2021.)

Eligibility of Afghan Humanitarian Parolees and Afghan Special Immigrant Conditional Permanent Residents for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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The California Department of Social Services (CDSS) has provided revised guidance regarding eligibility of Afghan Humanitarian Parolees Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits, and new guidance regarding eligibility for Afghan Special Immigrant Conditional Permanent Residents.  This guidance superceedes ACWDL September 3, 2021.

Afghan Special Immigrant Conditional Permanent Residents and Afghan Special Immigrant Lawful Permanent Residents are eligible for public benefits to the same extent as refugees.  Afghan Special Immigrant Conditional Permanent Residents are persons waiting for medical clearance to enter the United States.

Afghan Humanitarian Parolees, and their spouse and children, are eligible for benefits and services to the same extent as refugees.  They are eligible from October 1, 2021 or the date they are paroled in the United States, whichever is later, to March 31, 2023, or the end of parolees’ parole term, whichever is later.  Benefits that Humanitarian Parolees, and their spouse and children, are eligible for are Refugee Cash Assistance, CalWORKs, CalFresh, SSI, Refugee Support Services, and Services for Older Refugees.  Counties should redetermine eligibility for benefits when parole has expired or by March 31, 2023, whichever is later.

For CalWORKs, Afghan Humanitarian Parolees are not subject to the five-year ban on federally funded CalWORKs benefits.

For CalWORKs, reception and placement cash benefits count as property because they are considered recurring lump sum payments.

Afghan Humanitarian Parolees can be eligible for CalWORKs Housing Support Program.  Housing Support and Homeless Assistance can supplement federal refugee resettlement funds.  (ACWDL, December 2, 2021.)

COVID-19 CalFresh emergency allotment for December, 2021

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California has been approved to issue an emergency allotment of CalFresh for November, 2021.  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 January 16, 2022.

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, December 17, 2021.)