Child support in lieu of CalWORKs clarifications

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The California Department of Social Services (CDSS) has issued clarification regarding implementation of SB 380 and previous guidance in ACL 18-82.  SB 380 provides CalWORKs applicants and recipients the option to exclude the needs of stepsiblings and half-siblings of CalWORKs-eligible children from determining the maximum aid paid and instead keep 100 percent of child support payments made on their behalf.

To exclude a stepsibling and half-sibling, they must live with at least one CalWORKs eligible child, the current child support received for them received is more than the cash aid amount for them, and the parent or caretaker relative asks in writing that the stepsibling or half-sibling not be included in the number of persons used to calculate the maximum aid payment.

Parents or caretaker relatives can exercise this option only at application, semi-annual reporting or annual redetermination.  The only exception is a child can be added back to the assistance unit maximum aid payment determination if child support received stops or decreases below the amount the child would receive if they are included in the assistance unit’s grant.

Counties must give the CW 52 informing notice at application and annual redetermination.  The CW 52 informs applicants and recipients of the option to exclude the needs of stepsiblings or half-siblings who receive child support in an amount greater than their CalWORKs grant.  The CW 52 also allows a parent or caretaker relative to make a written request to exclude a stepsibling or half-sibling on the back of the form. Such requests must be in writing.  Counties are not required to process verbal requests unless it is a reasonable accommodation for a disability.  Counties are strongly encouraged to offer the CW 52 form to anyone making a verbal request.

Child support does not need to be received from the Local Child Support Agency for the parent or caretaker relative to exclude a stepsibling or half-sibling, and a child support order in not required.

Child support court orders must be allocated among children to allow exclusion of the stepsibling and half-sibling.  Allocation can be determined from the court order or a printout from DissoMaster or other program that is incorporated into the order.

If the applicant or recipient does not have their court order, counties are encouraged to contact the Local Child Support Agency to get that information.

The Child Maximum Aid Payment is used to determine if the monthly child support received by a child exceeds the CalWORKs grant amount that the child receives or would receive if approved.  CDSS has a chart showing the Child Maximum Aid Payment.

When the statewide Maximum Aid Payment increases, the Child MAP will also change.  If the change causes the child to no longer be receiving child support in excess in the amount of CalWORKs, the county must add the child’s need to the assistance at the next semi-annual report or annual redetermination.

Teens with school attendance penalties are eligible to be excluded under SB 380.  When the penalty is lifted, the county must reevaluate eligibility for SB 380.

When a case with a SB 380 child has the only CalWORKs child receiving assistance becomes ineligible mid-period, the county cannot take action mid-period to discontinue the case or add the SB 380 child to the assistance unit’s maximum aid payment.  The county must continue aid until the end of the semi-annual or annual reporting period and then reevaluate the case and give the family the option to add the SB 380 child to the assistance unit maximum aid payment or stop receiving CalWORKs.  (ACL 20-109, October 13, 2020.)

Extension of deadline to register for stimulus payment to November 21

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The Internal Revenue Service (IRS) has extended the deadline to register for the $1,200 federal stimulus payment.  The non-filer portal to register for a stimulus payment will now be open November 21.

The non-filer portal is for people with income below $24,400 for married couples and $12,200 for singles who cannot be claimed as dependents by someone else.  (IR 2020-229, October 5, 2020 and IR 2020-253, November 9, 2020.)

Disaster CalFresh for November 2020

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California has been approved to issue Disaster CalFresh in Fresno, Los Angeles, Madera, Mendocino, Napa, San Bernardino, San Diego, Shasta, Siskiyou, and Sonoma Counties for persons affected by the wildfires.

Disaster CalFresh provides food assistance to households affected by natural disasters.  To be eligible, families must live or work in the disaster area, plan to purchase food during the benefit period, experience adverse effects from the disaster and meet Disaster CalFresh income guidelines.

Disaster CalFresh has three verification requirements: identity, residency and loss or inaccessibility of income, and household composition and food loss, if questionable.  Benefits should be issued within 72 hours of application.

The application period is Monday November 16 to Friday November 20.  Applications can be submitted by phone, online or in person.  However, this Disaster CalFresh plan emphasizes a phone-based approach because of COVID-19 including phone interviews for applicants and allowing telephonic signatures. Applications will not be accepted by mail.  Applicants can verbally attest to information. Verification can be submitted, using the Disaster CalFresh pre-registration tool, the SAWS client portals, secure email or fax, and in person at application sites. Disaster CalFresh applicants verify identity, residency and loss/inaccessibility of income or liquid resources if possible, and household composition and food loss, if questionable.

Because the fires started on different dates, different benefit periods will be used by counties to determine Disaster CalFresh eligibility.  The benefit periods are:

  • Fresno and Madera: September 4, 2020 through October 3, 2020
  • San Bernardino and San Diego: September 5, 2020 through October 4, 2020
  • Los Angeles: September 6, 2020 through October 5, 2020
  • Mendocino: September 7, 2020 through October 6, 2020
  • Siskiyou: September 8, 2020 through October 7, 2020
  • Napa, Shasta, and Sonoma: September 27, 2020 through October 26, 2020

(ACWDL, November 9, 2020.)

CalWORKs special needs

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The California Department of Social Services (CDSS) provides guidance about CalWORKs special needs payments.  A special need is a need not common to a majority of CalWORKs recipients for goods or services which are essential for their support.  Counties are responsible for assisting the applicant or recipient in identifying any special needs which they may have.  Counties must provide applicants or recipients with a clear explanation of the types of special needs allowances, and the procedure for getting them.  Special needs payments are based on either recurring or nonrecurring special needs.

A recurring special need is a need that results in added cost to the family and which is expected to occur during two or more months in a calendar year.  The recurring special needs allowance for each family per month must not exceed $10 per for each recipient in the family who is eligible.

Recurring special needs include therapeutic diets, unusual costs of transportation, laundry, telephone, housekeeping service, and utilities.

Persons who are not aided because they are excluded from the assistance unit are not eligible for a recurring special need allowance, nor is an individual with a penalty that requires that their needs not be considered in the Maximum Aid Payment.  Individual who have a child support penalty may be eligible for special needs payment because their needs continue to be considered in the Maximum Aid Payment determination.

Nonrecurring special needs are for household emergencies resulting from sudden and unusual circumstances beyond the assistance unit’s control, and homelessness when the assistance unit is seeking permanent housing.  After a family has used all available resources in excess of $100, an assistance unit is entitled to receive a nonrecurring special needs payment for household emergencies.  The maximum payment is $600.  Sudden and unusual does not necessarily mean clients must be unaware of the circumstances happening in advance.  Examples of nonrecurring special needs are: clothing and household equipment, damage to the assistance unit’s home, and interim shelter.

Nonrecurring special needs also include homeless assistance and pregnancy special needs.

Before a special need payment is authorized, evidence must establish the conditions under which the need may be allowed are met, the total cost of the need and the payment plan, the proportion of the cost borne by the recipient if the need is shared with others, and the period over which the need will continue.  In addition to medical verification where applicable, clients must provide receipts stating the amount paid or owed for the expense.

Mid-period reports of a special needs request is mandatory.  As such, a CalWORKs recipient may report having a special need at any time during the payment period.  (ACIN I-72-20, October 28, 2020.)

COVID-19 county welfare department office access

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The California Department of Social Services (CDSS) reminds counties of their legal requirements to ensure applicants and recipients have access to public social services benefits and services during an emergency or disaster.  Absent an order from federal, state or local officials to close counties to the public, counties must continue to offer in-person assistance to applicants and recipients in addition to telephone and internet assistance.

If a county closes during regular business hours, the county must: 1) provide the opportunity to file an application for and receive benefits within mandated timeframes by making applications available and providing a drop-box, mail slot or other reasonable means for filing applications; 2) provide the opportunity to file an application for and receive expedited CalFresh, immediate need CalWORKs, and homeless assistance by maintaining sufficient staff to accept and act on all such applications, and/or maintain a local telephone service with sufficient staff to accept and act upon all applications as if the requests has been made in person at the county office; 3) have a telephone announcement with working days and times, when the offices will be closed, and procedures for applying for benefits, and 4) post notices at welfare department offices of times when the office will be closed, procedures to obtain and file applications, and procedures for applying for and receiving expedited CalFresh, immediate need CalWORKs and homeless assistance within mandated time frames.

Counties must provide access to benefits and services by telephone in a timely manner.  Extended wait times, which require applicants and recipients to hold for hours or call back on multiple days are not compliant.

Best practices for counties include triaging client needs to limit lobby traffic and the number of people in the lobby, setting up stations outside of the county office to accept applications and screen for eligibility, providing accessible phones for clients when the county provides applications in boxes outside of a partially closed office, setting up drive through drop-off stations for no contact delivery of documents, issuing homeless assistance benefits to the client’s EBT card, and offering pick-up mail services for homeless clients.

Counties can also set up a laptop pilot program to loan participants mobile devices such as smart phones and tablets, and establish a Digital Navigator program to help clients with digital access and learning, and developing digital skills.  (ACIN I-76-20, November 4, 2020.)

COVID-19 Pandemic EBT extension

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The California Department of Social Services (CDSS) has issued information about the extension of Pandemic EBT (P-EBT).  P-EBT was a food benefit for eligible school aged children for March through June, 2020.  California was approved to issue additional P-EBT benefits for August and September, 2020 to provide nutrition benefits for children who would otherwise receive free or reduced-price school meals if not for COVID-19.

Most children who received P-EBT will receive P-EBT extension benefits.  Children who received P-EBT will receive extension benefits if they are still a California registered student, can be assumed to be attending school via virtual instruction, and are found to be eligible through the State’s data match program.  New P-EBT cards with additional benefits will be automatically mailed to families without the family needing to apply online.

Children who are newly eligible for free or reduced-price school meals for the 2020-21 school year are not eligible for P-EBT extension benefits.  This includes children who just started school for the first time as a preschooler or kindergartner.

There is no standard amount due under the P-EBT extension.  Benefit amounts are based on individual student and school level data.  The amount an individual child is eligible to receive depends on the child’s start date of virtual instruction for the 2020-21 school year. P-EBT extension will be provided based on the school meal reimbursement rate of $5.86 per day for each qualifying day of virtual instruction.  The maximum amount of P-EBT extension benefits is $246.

With the issuance of P-EBT extension benefits, counties will no longer be responsible for providing cardholder support.  The P-EBT Helpline will provide ongoing cardholder support.  During a two-week transition period, counties and the P-EBT Helpline will provide cardholder support simultaneously.  The P-EBT Helpline is (877) 328-9677.  The P-EBT Helpline can assist with PIN set-up and P-EBT card replacement.  The P-EBT Helpline cannot help with children not found in the system.  The time for eligibility appeals has expired.

California has been granted authority, pending federal approval, to provide P-EBT for the 2020-21 school year, including children attending qualifying child care.  That program will be called P-EBT 2.0.  CDSS will provide more information after California’s plan is approved.  (ACWDL, November 2, 2020.)