COVID-19 Information about Lost Wage Assistance, change to certification form and fraud changes

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The Employment Development Department (EDD) has issued information about Lost Wage Assistance (LWA), change to certification form and fraud reporting.  LWA is the temporary $300 per week benefit pursuant to presidential executive order.  EDD is paying LWA benefits based on the order in which EDD received certification forms for Unemployment Insurance or Pandemic Unemployment Assistance for the three week period July 26 to August 15.  People who have certified for those weeks that their full or partial unemployment is because of COVID-19 will receive LWA payments first.  Claimants must also have a weekly benefit award of at least $100 per week to be eligible for LWA.

Claimants who submitted their certification for all three of those weeks at the same time will receive one lump sum check of $900.  Claimants who did not submit their certification for all three of those weeks at the same time will have their payments split in two depending on when certifications for those three weeks was submitted.

Starting September 15, EDD will start accepting self-attestations for claimants who had not yet verified that their full or partial unemployment was because of COVID-19 (phase 2).  EDD will be sending email, texts or mailed notices advising claimants to complete the self-attestation online through their UI Online account or to mail a paper form.

After phase 1 and phase 2 payments are made, EDD will distribute two more weeks of LWA payments.  More information will be coming about when to expect these additional two weeks of benefits.  California has requested a 6th week of LWA benefits contingent on availability of federal funds.  EDD will issue additional information if this is approved.

EDD has issued a new certification form for people receiving Pandemic Unemployment Assistance (PUA).  The new form requires PUA recipients to attest each week that they are unemployed as a direct result of COVID-19.

EDD will no longer automatically backdate new PUA claims because of fraud concerns.  To backdate a PUA claim, claimants can submit an online inquiry through AskEDD, select Unemployment Insurance, the claims question subcategory, and then the topic backdate the effective date of my claim due to COVID-19.  Claimants can also speak to a representative by calling 833-978-2511 or other numbers listed on the Contact EDD page.

People who are concerned that fraud is occurring on their EDD account can send any fraudulent documents to EDD investigators at P.O. Box 826880, MIC 43, Sacramento, CA 94280-0225.  (EDD News Release 20-46, September 10, 2020.)

CalFresh Water Pilot

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The California Department of Social Services (CDSS) has issued guidance for the CalFresh water pilot, which is a time-limited supplemental benefit to CalFresh households that live in a disadvantaged community, and receive drinking water from a public water system that does not meet primary drinking water standards.

Based on workgroup recommendations, the pilot will take place in two zip codes in Kern County, 93241 and 93203.  CalFresh recipients living in those zip codes at the beginning of the pilot can be eligible.  Based on workgroup recommendations, the benefit will be $50 per month per household.  The pilot will last for 12 months, and will be completed by November, 2021.  CDSS estimates 6,147 households will be eligible for the pilot.

The pilot also includes creation and automation of a flexible benefit issuance mechanism in CalSAWS that can be used in the future for purposes beyond the initial pilot.  (ACL 20-97, September 2, 2020.)

CAPI couples benefit rate calculation

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The California Department of Social Services (CDSS) has issued clarification about benefit calculation rules for Cash Assistance Program for Immigrants (CAPI) couples when these individuals are determined eligible for CAPI in different months.

When both spouses are eligible for CAPI, the benefit payment for each spouse is one-half of the CAPI couple payment standard.

When one spouse is aged, and the other spouse is under 65 and has applied for CAPI based on disability, the aged spouse receives the CAPI individual rate until the other spouse is determined eligible.  When both spouses are found eligible, the couples payment standard is applied, and each spouse will receive one-half of the couples rate.  Retroactive payment for the newly eligible spouse will be the difference between the amount the couple would have received and what the aged member received as an individual CAPI recipient.

When one spouse is aged, and the other spouse under 65 and is presumptively disabled, the couple should be granted the CAPI couple rate.

When one spouse is aged and the other spouse is almost age 65 but not blind or disabled the spouse who is over age 65 will receive the individual CAPI rate until the other spouse becomes eligible for CAPI, at which time the couple will begin to get the couples rate.

When one spouse is aged and applying CAPI for the first time, and the other spouse is requesting reinstatement of CAPI the couple will begin receiving the benefit rate the first month that the first spouse’s application is granted and the second spouse’s benefits are reinstated.  (ACIN I-66-20, September 10, 2020.)

COVID-19 CalWORKs Welfare-to-Work guidance

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The California Department of Social Services (CDSS) has issued continued guidance regarding the impact of COVID-19 on CalWORKs Welfare-to-Work (WTW).

Counties should exercise discretion regarding optional documentation and verification in order to continue providing WTW services and supports.

Counties can issue temporary blanket good cause for not meeting WTW requirements.  This includes all initial engagement activities, all assessments and evaluations, completion or maintenance of a WTW plan and WTW participation.

Counties are encouraged to serve clients remotely through distance learning activities.  CDSS has partnered with Cell-Ed to provide customizable distance learning options.  (See ACIN I-55-20.)

Sanctioned clients may now have good cause not to participate or who have a cure plan with activities that are no longer available.  For those clients, counties should implement cure plans documenting that the activity that the client failed to do is not available because of COVID-19.  The cure plan can specify an alternative activity such as reviewing orientation materials or conducting job search online.  When assigning another activity is not practical or feasible because of COVID-19, counties may implement cure plans stating the lack of available activities and that the client temporarily has good cause not to participate.

Counties cannot cure all sanctioned participants because of COVID-19. Clients must sign a cure plan.  Counties are encouraged to issue pre-populated sanction sure plans for individuals to sign without solicitation from the client.  Counties should consider telephonic, electronic or mail-in signatures.  For counties that cannot accept electronic or recorded telephonic signatures, counties must enter a case not stating the individual attested to the information provided.

For clients who are in noncompliance but are not yet sanctioned, counties should make all attempts to avoid imposing sanctions by offering other available and appropriate activities, or by applying good cause.

Counties can continue subsidizing wages in the Expanded Subsidized Employment program even when the worksites are closed because of COVID-19.

CalWORKS Work Study subsidies can continue where work hours are reduced, worksites are closed or students are otherwise unable to meet work study obligations because of COVID-19.  For example, the subsidy may continue when students are unable to work because of lack of supportive services, such as when the student’s child care provider is closed because of COVID-19.  The subsidized payment can be made directly to the CalWORKs recipient, or through the employer or third-party payor if they are able to issue subsidized wages to the recipient.  (All County Welfare Directors Letter, September 1, 2020.)

COVID-19 treatment of Lost Wages Assistance and Disaster Unemployment Assistance

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The California Department of Social Services (CDSS) has issued guidance regarding treatment of Lost Wages Assistance (LWA) and Disaster Unemployment Assistance (DUA).  LWA is $300 per week issued to persons who are unemployed or partially unemployed because of COVID-19 and are eligible for at least $100 per week in unemployment insurance.  LWA is being issued pursuant to Presidential Memorandum dated August 8, 2020.

LWA is not considered income for purposes of CalWORKs, Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program (TCVAP).  LWA is exempt because it is assistance issued under the Stafford Act.

Disaster Unemployment Assistance (DUA) is also not counted as income for purposes of CalWORKs, Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program (TCVAP) because it is assistance issued under the Stafford Act.   (ACWDL, September 10, 2020.)

COVID-19 reinstatement of IHSS overtime violations

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The California Department of Social Services (CDSS) has reinstated overtime and travel time violations for IHSS providers that were suspended because of COVID-19.

In ACL 20-32, CDSS stated that overtime and travel time violations incurred while performing services that were in critical need because of the COVID-19 state of emergency would be removed.

Effective September 1, 2020, violations for exceeding overtime and travel time limits are reinstated.   Going forward, counties should use the process in ACL 16-46 to determine requests to rescind overtime and travel time violations for services that are necessary because of COVID-19.  Counties can override overtime violations if: 1) the additional hours are necessary to meet an unanticipated need; 2) the additional hours are related to an immediate need that could not be postponed until a backup provider arrives; and 3) the additional hours are related to a need that would have a direct impact on the IHSS recipient and would have been needed to ensure their health or safety.

COVID-19 may require IHSS providers to work additional hours of overtime.  These hours may fall under the above criteria. Counties should consider such situations when determining whether to override an overtime or travel time violation.   (ACL 20-103, September 8, 2020.)