COVID-19 CalFresh emergency allotment for September, 2021

California has been approved to issue an emergency allotment of CalFresh for August, 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 new $95 minimum.

The emergency allotment will be issued on October 24, 2021.  The emergency allotment can be issued manually if a household should have received the emergency issuance through the batch process but did not.

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  There will be a one-month phase out of emergency allotments after the public health emergency is rescinded.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, September 2, 2021.)

Changes to CalFresh Notice of Denial or Pending Status

The California Department of Social Services has released a new Notice of Denial or Pending Status, CF 377.1A.  Changes to the Notice include that every CF 377.1A must inform the household that they may become categorically eligible if they have applied for SSI and the application is granted.  The Notice now must state the specific items of verification that the county alleges are missing for denial of either an application or recertification.  The Notice also must state, when the application is pending because of missing verification, what specific items of verification that the county alleges are missing.

Finally, when the county receives a complete recertification and denies the household, the county must send a separate denial notice.  The Notice of Denial or Pending Status is insufficient to deny recertification when the county receives the recertification application.  (ACL 21-93, August 5, 2021.)

CalWORKs eligibility for fire victims

The California Department of Social Services (CDSS) reminded counties about CalWORKs regulations and policies for processing applications and documents on behalf of disaster victims and evacuees.  Emergency proclamations have been issued for Siskiyou County because of the Antelope Fire, for Nevada and Placer Counties because of the River Fire, for Trinity County because of the McFarland and Monument fires, for Tehama County because of the McFarland and Dixie Fires, for Shasta County because of the McFarland fire, and for El Dorado County because of the Caldor fire.

Some evacuees will apply for CalWORKs in disaster counties or counties other than the county in which they live because of disaster related-relocation.  Many evacuees will not have documentation.  If the applicant and the county make a good faith effort to obtain verification of identity, time on aid, and linking and non-linking conditions of CalWORKs eligibility and are unable to contact the evacuee’s financial institutions or necessary entities or institutions, the county must accept the evacuee’s statement signed under penalty of perjury.

CalWORKs recipients may be eligible for nonrecurring special needs payments because of emergencies such as damage to or loss of shelter because of fires.  Funds can be used to repair or replace clothing or household equipment, to provide assistance for damage to the home or to pay for interim shelter.  Nonrecurring special needs payments are a maximum of $600 for each incident.  An assistance unit is eligible if it has less than $100 in nonexempt liquid resources.

Federal disaster and emergency assistance, and comparable disaster assistance from state or local governments, and disaster assistance organizations, is exempt from consideration as income or resources.

Counties are encouraged to explore diversion eligibility for fire evacuees.

Fire evacuees are in an emergency and should be evaluated for an immediate need payment.

Because of the disaster, some income that evacuees had will no longer have income that can be reasonably anticipated.

Many evacuees will not be able to access, occupy or sell their property.  The county shall consider the ability to access or sell property and make a good faith effort to obtain needed verification or accept a statement signed under penalty of perjury.

A family is considered temporarily absent from their county if they expect to reunite within one calendar month.  Evacuee recipients can maintain a home in a different county if they intend to return to their home county within four months.

Counties should make a Welfare-to-Work good cause determination for evacuees.  Counties are encouraged to exercise flexibility in this regard.  Counties should determine if an applicant or recipient needs barrier removal services such as mental health services, housing support program, or temporary homeless assistance.  For homeless assistance, disaster is an exception to the once-every-12-month limit. (ACWDL, August 16, 2021 and August 19, 2021.)

COVID-19 CalFresh emergency allotment for August, 2021

California has been approved to issue an emergency allotment of CalFresh for August, 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 new $95 minimum.

The emergency allotment will be issued on September 5, 2021.  The emergency allotment can be issued manually if a household should have received the emergency issuance through the batch process but did not.

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, August 11, 2021.)

COVID-19 CalWORKs overpayments

All CalWORKs overpayments established on or after August 1, 2021 for the period April, 2020 to either the end of the COVID-19 state of emergency or June 30, 2022, whichever is earlier, must be classified as administrative error.

Overpayment claims that include any month during the COVID-19 state of emergency must be classified as administrative error, regardless of the cause of the overpayment.  For example, an overpayment from November, 2019 to April, 2020 must be classified as administrative error because one month of the overpayment period is during the COVID-19 state of emergency.

Counties are reminded that unearned income must be paired with earned income for that month to be considered over the Income Reporting Threshold and thus triggering a mid-period reporting obligation.  Counties are also reminded that failure to report a change of address cannot, in and of itself, result in a reduction or termination of aid.  Failure to report an address change cannot be the basis of an overpayment allegation.

These rules also apply to Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program.  (ACL 21-85, August 5, 2021.)

Funding and rules changes for CDSS housing program

The Budget Act of 2021 appropriated $795 million for CDSS housing programs and made changes to program rules.

The CalWORKs Housing Support Program is intended to foster housing stability for families experiencing homelessness in the CalWORKs program.  Housing Support Program funds must be used to support projects that follow evidence-based housing interventions, including rapid rehousing.  All state-funded housing program must follow the core components of Housing First.  The Budget Act amended the program to expand eligibility to families at risk of homelessness, including families who have not yet received an eviction notice.

The Bringing Families Home Program provides housing related services to families receiving child welfare services, increase family reunification, and prevent foster care placements.  Funds can be used for evidence-based housing interventions including rapid rehousing, supportive housing and/or subsidies to make rental housing affordable.  The Budget Act amended the program to expand eligibility to families where the living situation cannot accommodate the child or multiple children in the home, and that families at risk of homelessness can include families who have not yet received an eviction notice.  The Budget Act also exempts counties and tribes from the dollar-for-dollar match requirements for one-time funds awarded between July 1, 2021 and June 30, 2024.

The Housing and Disability Advocacy Program provides outreach, case management, disability benefits advocacy, and housing assistance.  The Budget Act amended the program to exempt counties and tribes from the dollar-for-dollar match requirements for one-time funds awarded between July 1, 2021 and June 30, 2024, that individuals at risk of homelessness can include families who have not yet received an eviction notice, and that the interim assistance reimbursement requirement is waived through June 30, 2024.

The Home Safe Program provides housing-related assistance using evidence-based practices for homeless assistance and prevention for persons involved in Adult Protective Services. The Budget Act amended the program to include that persons at risk of homelessness can include families who have not yet received an eviction notice, that persons in the process of Adult Protective Services intake and individuals served through a tribal social services agency who appeal to be eligible for Adult Protective Services, and that counties and tribes from the dollar-for-dollar match requirements for one-time funds awarded between July 1, 2021 and June 30, 2024.

The Budget Act appropriated an additional $150 million to continue Project Roomkey.  (ACWDL July 19, 2021.)