COVID-19 extension of COVID-19 time on aid exemption

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The California Department of Social Services (CDSS) has issued guidance regarding extension of the CalWORKs 48-month time on aid clock because of COVID-19.  In Executive Order N-75-20, Governor Newsome extended the exemption of months receiving CalWORKs counting on the 48-month time on aid clock until July 1, 2020, or when the state of emergency ends, whichever is sooner.  The exemption does not apply if the family will exceed the federal 60-month time on aid limit.

The executive order only extends time on aid for months in which CalWORKs aid are services are received.  Former CalWORKs recipients who were discontinued for meeting the 48 month time on aid limit must be eligible for a time limit extender to be added back to an assistance unit.   (ACWDL, August 31, 2020.)

COVID-19 Pandemic EBT update

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The California Department of Social Services (CDSS) has issued information regarding Pandemic EBT (P-EBT).  P-EBT provided a temporary emergency nutrition benefit to children who otherwise would have received free or reduced school meals if not for school closures because of COVID-19. CDSS operated the program.

Effective August 31, 2020, counties have responsibility to assist with PIN set-up for P-EBT cards and requests for replacement P-EBT cards.

Counties cannot assist with eligibility issues because the deadline for applications for and appeal of denials of P-EBT has passed.  Counties cannot determine P-EBT eligibility or issue P-EBT benefits.  CDSS is processing appeals and anticipates that all appeals will be processed by September 17.  Clients who submitted an appeal and are found to be eligible will receive a confirmation when their P-EBT card is mailed.  Clients who appeal and are found to be ineligible will get a confirmation email with information about the outcome of the appeal.  (ACWDL, September 1, 2020.)

CalWORKs, CalFresh, RCA/ECA and TCVAP guidance regarding California wildfires

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The California Department of Social Services (CDSS) has issued guidance flexibility for counties serving communities affected by wildfires.

If a county office closes during regular business hours, they must make it possible for people to apply for and receive CalWORKs, CalFresh, Refugee Cash Assistance/Entrant Cash Assistance (RCA/ECA) and Trafficking and Crime Victims Assistance Program (TCVAP) including emergency benefits, within timeframes required by state and federal law.  Counties must also provide notice of their hours of operation, and the procedures for applying for and receiving benefits when the office is closed.

For CalWORKs, for evacuees who apply for CalWORKs, if the applicant and the county make a good faith effort to obtain verification and are unable to do so, the county must accept the evacuee’s statements signed under penalty of perjury in lieu of verification.  If a social security number is unavailable, the individual must apply to the Social Security Administration for a new card and provide verification the completed application.  If the applicant has attempted in good faith to get verification but cannot, the county must temporary accept the evacuee’s statement under penalty of perjury.

When an individual or family displaced by fires applies for CalWORKs, counties must establish that the evacuee was living in a county designated as a federal disaster and/or state-declared emergency zone and ask if the evacuee or anyone else in their family is receiving CalWORKs from that county or another disaster county.

Counties are encouraged to offer CalWORKs diversion to evacuees to address their specific crisis or item of need.

Disaster assistance from federal, state or local government or disaster assistance organizations is excluded from consideration as income for CalWORKs.

For new applicants, evacuees should be informed pf the option to apply for temporary and permanent homeless assistance.  Applicant families are entitled to an exception to the one-every-twelve months limit because of a disaster.  When homelessness is the result of a state or federally declared disaster, the county may issue all 16 days of temporary homeless assistance in one lump sum payment.  If homelessness is caused by a disaster, the family is entitled to 16 days o disaster homeless assistance and then 16 days of regular homeless assistance.  Counties are also encouraged to refer clients to the Housing Support Program when a family is approved for CalWORKs.

Evacuee families should be evaluated for CalWORKs immediate need.  In determining eligibility for immediate need, liquid resources only include items that are immediately available.  Many evacuees may not be able to convert resources to cash prior to or after evacuation.

In counting income, some evacuees will no longer have income that is reasonably anticipated because of the disaster.

In counting property, only real and personal property that is actually available is considered for CalWORKs eligibility.  Many evacuees will not be able to access, occupy or sell their property at the time of application because of the disaster.  The county must consider the applicant’s ability and circumstances in meeting property provisions.

For families temporarily separated because of the disaster, a family member is considered temporary absent if they expect to reunite within one full calendar month.  CalWORKs recipients can maintain a home in a different county than the county they are physically residing in if they intend to return to that home within four months.

Counties should make a good cause determination for welfare-to-work nonparticipation in welfare-to-work activities.  Counties should also determine if an applicant needs barrier removal services such as mental health services or housing stabilization program services and provide these services as expeditiously as possible.

Current RCA/ECA and TCVAP recipients are eligible for the same waivers of existing rules as CalWORKs recipients.

Note that applicants for RCA/ECA and TCVAP are not required to provide Social Security Numbers.

RCA/ECA and TCVAP applicants impacted by the fires should be evaluated for an expedited emergency payment.

For CalFresh, counties statewide must serve displaced households under regular eligibility rules, including expedited service, regardless of whether the household is a permanent resident of the county of application.  When verification of residency is impossible, the county must accept self-certification.  Counties cannot impose a length of residency.  If the displaced household cannot provide necessary verification, self-certification or an affidavit can be used in place of the requested verification.

For recipients, food lost due to household misfortune, including fire, flood or loss of electricity, can be replaced.  CalFresh household must report the loss to the county within 10 days of the loss unless the county has been approved for an extension of timely reporting rules.  (ACWDL, September 1, 2020.)

Paper copies of electronically submitted CalFresh applications

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The United States Department of Agriculture  Food and Nutrition Service (FNS) has granted a statewide waiver for the California Department of Social Services (CDSS) to allow counties to not provide a paper copy of an electronic CalFresh application submitted in person at a local office unless the client requests one.  The waiver is effective until June 30, 2024.

Counties must give clients who submit an electronic application in person at a local office the opportunity to review the information recorded electronically.  Counties must give clients the opportunity to get a paper copy of information submitted electronically.

Counties must inform clients who submit an electronic application in person at a local office that they will be given a paper copy upon request.  Each local office must post clear and visible signs or posters in the area where clients apply for benefits electronically, or use other methods, to inform clients of their right to get a paper copy of the information submitted electronically.  (ACL 20-98, August 31, 2020.)

 

COVID-19 extension of reverification of employment and appraisals for FHA Single Family loans

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The United States Department of Housing and Urban Development has extended temporary changes to re-verification of employment and appraisal rules for FHA Single Family programs that were announced in Mortgagee Letter 2020-05, summarized here.  Until October 31, 2020, mortgagees do not need to re-verify employment within 10 days of the Note or within 10 days of loan disbursement if there is no loss of employment by the borrower.

Appraisers may do Exterior-only (viewing from the street) or Desktop-Only (relying on various documents and not viewing the property) appraisals for FHA Single Family loans.

There changes also apply to refinances and reverse mortgages.  (Mortgagee Letter 2020-28, August 28, 2020.)

COVID-19 Extension of FHA mortgage and eviction moratorium

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FHA has extended until December 31, 2020 its directive that properties secured by FHA- insured Single Family mortgages are subject to a moratorium on foreclosure, announced in Mortgagee Letter 2020-04, summarized here. This is the third extension of this moratorium.  The moratorium applies to initiation of and completion of the foreclosure process.

Evictions of persons from properties secured by FHA- insured Single Family mortgages are suspended until December 31, 2020.

Deadlines for the first legal action and reasonable diligence timelines are extended by 90 days from the date of expiration of this moratorium.  (Mortgagee Letter 2020-27, August 27, 2020.)