IHSS able and available spouse rule

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The California Department of Social Services (CDSS) has issued clarification regarding the In Home Supportive Services (IHSS) able and available spouse rules.

An able and available spouse is presumed to be available to provide without compensation any IHSS service except for personal care services and paramedical services.  This includes Domestic Services, Related Services, yard hazard abatement, teaching and demonstration, and heavy cleaning.  Spouse includes persons who are legally married or legal domestic partners, or two individuals of the opposite sex are holding out to be married.  As long as the couple remains married and does not obtain a divorce or annulment, or are not legally separated, the able and available spouse rule apples, even if the couple lives in separate locations and are estranged.

Any spouse who does not receive IHSS benefits is presumed to be able to provide all IHSS tasks except for personal care services and paramedical services, unless there is medical verification of the spouse’s inability to do so. If the spouse submits medical verification of inability to perform a task, the county should authorize house for a non-spouse provider to provide those IHSS services.  The spouse would continue to be counted as an able and available spouse for any other services that there is not verification of inability for the spouse to perform.

Services can be performed by another provider when the spouse is unavailable because of employment, health, or other unavoidable reasons such as incarceration, military deployment, a restraining order against the non-recipient spouse, or when recipient spouse has left the home or evicted the non-recipient spouse because of domestic violence, or the recipient spouse has left the home because of domestic violence.  This means that meal preparation, medical accompaniment and protective supervision that must be performed while the spouse is unavailable can be provided by another provider.

In addition, if an able spouse is out of the home for employment, health, or other unavoidable reason, for over 24 hours, the spouse is presumed to be unavailable to provide any IHSS services during the period of absence from the home.

If the spouse must leave full-time employment or is prevented from full-time employment because no other provider suitable is available, the spouse may provider medical accompaniment and protective supervision.

This ACL supersedes ACL 08-18, Question 7, that incorrectly stated that the able and available spouse rule does not apply when a married couple does not reside together.  (ACL 21-91, September 29, 2021.)

 

COVID-19 vaccination requirement for In-Home Supportive Services workers

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The State Public Health Officer has ordered that all In Home Supportive Services (IHSS) providers be vaccinated by November 30th 2021.  This requirement does not apply to IHSS providers who live with or are family members of the recipient.

To be eligible for these exemptions, the provider must only provide to a single household. If a provider services multiple households, the exemption does not apply and the provider must adhere to the vaccination requirement.

Providers may also be granted an exemption if they provide the recipient with a COVID-19 Vaccination Exemption Form signed by the provider either stating:

  • The provider is declining the vaccination based on religious beliefs; or
  • The provider is excused from receiving the vaccine due to an eligible medical reason (with an exemption form signed by a physician, nurse practitioner, or other licensed medical professional).

The recipient’s responsibilities include requesting documentation showing that the provider has been vaccinated or can provide an exemption form. The recipient is responsible for reviewing the exemption form and determining if the provider has met the criteria to meet one of the exemptions listed above.  A recipient may not enforce the vaccination requirement.

Once the recipient determines that the exemption is met, the unvaccinated provider must meet the requirements when entering or working in the recipient’s residence:

  • The unvaccinated provider must be tested weekly for Covid-19 with either an authentic PCR or antigen test.

 

  • The unvaccinated provider must always wear a surgical mask or respirator while in the home. Each county can distribute Essential Protective Gear to any IHSS recipient or provider who requests it.

The provider’s responsibilities include maintaining all records regarding their vaccination status, vaccination records, or documents showing their medical exemption status. If the provider is exempt, they are responsible for keeping records of their weekly testing results.  Providers who are not currently working with a recipient must show proof of their vaccination or their exemption when they are hired.  Providers may use their annual State sick leave, if eligible, to take time away from work to get vaccinated or tested for COVID-19 infection.

Notices to inform all IHSS providers who are not live-in providers or provide services to nonfamily members have been sent on October 2021 stating the new vaccination/exemption requirements.  (ACIN I-81-20, October 11, 2021.)

 

CalFresh Mid-Period actions

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The California Department of Social Services (CDSS) has provided guidance regarding action on information received mid-period for CalFresh.

In general, the county must act on mid-period change that would increase benefits and must not act on mid-period information that would decrease the household’s benefits.  The county must act on the following mid-period information that decreases benefits: the household voluntarily asks that the case be closed, the county has information that is considered verified upon receipt, a household member has been identified as a fleeing felon or parole violator, there has been a change in the household’s CalWORKs, SSI or general assistance grant, and the county certifies that a member of the household has received substantial lottery or gambling winnings (defined as equal to or greater than the CalFresh resource test in a single game or bet).

There are three changes that must be reported within 10 days: gross monthly income over the income reporting threshold, reduction in work hours below average 20 hours per week for persons subject to the Able Bodied Adults Without Dependents time limit, and receipt of substantial lottery or gambling winnings.

The county must also act on certain mass changes mid-period.

The county must ensure that mid-period changes that are reported but not acted on are reported on the household’s next SAR or recertification.

When a household reports a change that results in benefits increase, the change must be effective no later than the first allotment issued 10 days after the change was reported.  There are only two situations when the county must issue a supplement to increase benefits when a change is reported too late in the month to increase the household’s next monthly benefit amount: when there is an increase in benefits because of a new household member, and when there is a decrease of more than $50 in the household’s monthly income.

In cases where the county requires verification to act on the change that would result in increased benefits, the county must inform the household in writing of the additional verification needed and that failure to provide the verification will result in no change to benefits.  If the household does not provide the verification within 10 days but provides it later, the time to take action on the change runs from the date of the verification.  The county cannot require verification of changes in income if the income source has not changed, and the change is less than $50, unless the information is incomplete, inaccurate, inconsistent or older than 60 days.

Households certified with income between 131 and 200 percent of the federal poverty level do not have a mandatory mid-period income reporting requirement because they already have met their income reporting threshold reporting requirement.

Counties must act mid-period on one of 10 changes whether it increases or decreases benefits.  One of those categories is information that is verified upon receipt.  To be verified upon receipt, the information must be obtained from the primary source, complete, not questionable, and requires no further verification. There are 13 categories of information that is considered verified upon receipt.

The county must follow up on information that is unclear, which is when the county cannot readily determine the effect on the household’s eligibility or benefit amount.  The county must follow up on unclear information by sending a CW2200 request for verification form if it is less than 60 days old and was required to have been reported, or if the unclear information presents significantly conflicting information form that used by the county at initial certification or recertification.  If the unclear information is more than 60 days old, the county cannot act on it.

The county does not need to act on information reported for another program, does not result in a change for the other program, but would decrease CalFresh benefits.  (ACL 21-101, October 15, 2021.)

Social Security in-office appointments

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The Social Security Administration (SSA) has issued instructions about when to schedule in-office appointments.

In-office appointments are available for two reasons: 1) To address a limited critical need and the client is unable to use automated services, which includes immediate payments, death corrections, economic or health support, needing an original social security card, and needing a replacement social security card to get income, medical care or ither services or benefits; and 2) If SSA needs to review original documents.

In-office appointments are not scheduled for initial claims or redeterminations unless one of the above criteria are met.  Important documents such as driver’s licenses, passports and immigration documents should not be submitted by mail or drop box.  (EM 21056, September 8, 2021.)

Appointing Authorized Representatives (AR) in the Cash Assistance Program for Immigrants (CAPI)

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The California Department of Social Services (CDSS) has provided guidance for the Cash Assistance Program Immigrants (CAPI) regarding appointing authorized representatives (AR).

An AR can be appointed by the CAPI claimant (if they have the legal capacity to make decisions), a parent of a claimant under 18, or a legal guardian or a conservator.  Counties may not recognize an organization, firm, or entities as the AR.  An individual from that entity or organization must sign as the AR.  More than one person can serve as an AR.

The process for appointing an AR is:

-The claimant signs a written notice or AR form stating that they want a representative when dealing with the state or county regarding their case.

-The representative needs to agree and sign the notice (an attorney is not required to sign a notice of appointment); and

-The notice is signed and filed at their county office.

Temporary COVID procedures allow for electronic or digitized signatures on AR are acceptable but require verbal confirmation from the claimant. If the claimant is unavailable for verbal confirmation, the appointment of AR is not added to the claimant’s document.  When the COVID procedures are no longer in effect, all AR forms must have a wet signature.

The claimant may file an AR form by mail, email, fax, or in person, so long as the claimant or the AR retains the initially signed document.

An AR acts on behalf of the claimant for the duration of their appointment. An AR’s authority includes signing applications or forms on behalf of the claimant, gathering the information that would be disclosed to the claimant if they are unable to do so, submitting evidence, examining documents, requesting appeals, and being notified of any decision made on behalf of the claimant. More than one individual may serve as a claimant’s AR at any time. When there are multiple ARs, there needs to be specificity on will be a primary representative.  The county will send all written communication about the case to both the claimant and the AR unless the claimant has limited to scope of the AR’s authority.

The county may disclose information to an AR over the phone if the AR verifies who they are and discloses the claimant’s identifying information. County officials authenticate the request by verifying appointment time, information and reviewing any limitations the claimant has set in place.

The AR does not have the authority to change personal information on records, including names and mailing addresses, unless the AR is qualified. The county may disclose information by telephone to AR after verifying the claimant’s identifying information. The county must send all written communications to both the claimant and the AR unless the AR does not have clearance to receive such notices.

The claimant can revoke an AR when the claimant, responsible party, or AR notifies the county in writing.

AR forms are not required when a friend or family member can assist in applying for CAPI benefits. Providing general help or accompanying a claimant to an appointment does not require appointing an individual. An AR cannot sign a “Supplemental Security Income/State Supplementary Payment” (SSP 14) form for reimbursement to the state if SSI is granted.  (ACL 21-120, October 1, 2021.)

Changes to CalWORKs Homeless Assistance program

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The California Department of Social Services (CDSS) has issued guidance regarding changes to the CalWORKs Homeless Assistance program in SB 1065.  These changes will become effective when CDSS notifies the legislature that the statewide computer system can perform necessary automation to implement them, which is estimated to be in 9 to 12 months.

The $100 liquid resource limit for applying for Homeless Assistance will be removed.  There will no longer be a liquid resource limit for applying for Homeless Assistance.

A county will be required to accept a sworn statement to verify homelessness.  The CW 42 is a sworn statement so it will meet that requirement.  The county will not be allowed to seek additional verification.

Counties can refer families to their early fraud prevention and detection unit if they believe the applicant is questionably homeless.  SB 1065 defines “questionable homeless” as “when there is a reason to suspect the family has permanent housing.”  The county must have evidence to suspect that the family has safe and stable permanent housing in which the family can continue to reside without support for a referral of the family as questionably homeless.

Homeless assistance for domestic abuse victims is for two 16-day periods. When SB 1065 is implemented, the family will be eligible for the second 16-day period even if CalWORKs is granted during the first 16-day period.  Note that homeless assistance for domestic abuse victims is in addition to any other temporary or permanent homeless assistance the family may be eligible for.

For families affected by disaster, SB 1065 will remove the requirement for eligibility for disaster homeless assistance that the state or federally declared disaster be a natural disaster.

SB 1065 removes the requirement that security deposit or last month rent be reasonable.  Counties will no longer be allowed to reject payment of security deposit or last month rent that is a condition of securing a residence.

SB 1065 will require that any refund of permanent homeless assistance funds be returned to the family.  Counties will no longer be allowed to collect homeless assistance funds that are refunded to the family. (ACL 21-121, October 6, 2021.)