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Purpose
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( ) To release a new policy
( ) To release a new form
( ) To convert existing policy to new writing style only – No concept changes
(X) Revision of existing policy and/or form(s)
The purpose of this release is to provide policy and procedures that must be followed by CalWORKs Eligibility staff when processing CalWORKs cash aid applications.
What changed?
Telephone application interviews can be conducted over the phone beginning March 16, 2020. Detailed information is found in Administrative Release (AR) 40-131.1 Interview Requirement. In addition, Customer Service Center (CSC) staff will assist individuals apply for CalWORKs through Your Benefits Now (YBN) and capture a telephonic signature.
Additionally, Executive Order N-59-20 suspends the interview requirement only for applicants whose identity has been verified, have submitted all required verifications and when information on the application is not questionable. This includes interviews for applicants who have requested an Immediate Need (IN) payment. Furthermore, Executive Order N-59-20 grants a verbal attestation for the SAWS 2A SAR, Rights, Responsibilities and Other Important Information, and child support forms (CW 2.1, Notice and Agreement for Child, Spousal and Medical Support and CW 2.1 Q, Support Questionnaire). The suspension became effective May 1, 2020, which was originally scheduled to expire June 30, 2020; however, the suspension was subsequently extended to August 14, 2020. Most recently, as a result of Executive Order N-71-20, the suspension has been extended until further notice.
Note: Changes are shown highlighted in gray throughout the document.
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Requirements
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Requirement
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Limit/Condition
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CalWORKs Eligibility Requirements Overview
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CalWORKs is available to the following types of families:
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Single parents with child(ren) deprived of parental support or care because of absence, disability, or death of either parent;
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Two parents with a child and the principal wage earner is unemployed or has not worked for more than 100 hours in the four weeks prior to the application date;
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Caretaker relatives (non-parent) caring for a child who is related within the 5th degree;
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A pregnant teen (18 or younger) in her first trimester; or
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A pregnant woman (19 or over) in her second trimester.
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For CalWORKs purposes, a child is an Assistance Unit (AU) member who:
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Has not yet reached their 18th birthday; and
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Is not a parent or caretaker relative.
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In addition, a child is an AU member who:
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Is 18 years old;
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Is enrolled in high school or vocational school; and
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Is expected to graduate from high school or complete the vocational program before reaching their 19th birthday.
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Detailed information is available in ARs 82-820 Assistance Unit and 82-832 Excluded Members.
Deprivation
Children must be deprived of parental support or care due to absence, death, or incapacity. Detailed information is available in AR 41-400 Deprivation.
Income Limits
The family's income must pass the applicant and recipient test.
As part of this process, the gross income (for earnings, deduct $90 from the gross income) must be under the Minimum Basic Standard of Adequate Care (MBSAC) for the family.
If income is below the MBSAC, a Recipient Test is applied where $225 ($500 effective June 1, 2020) is disregarded from earnings and certain disability-based income and an additional 50 percent is disregarded from the remaining amount.
Note: Unearned income (with the exception of some disability income) is counted dollar for dollar.
The remaining income must be less than the Maximum Aid Payment (MAP) level for the family size.
Detailed information is available in AR 44-113 Net Income.
Property/Resource Limits
The family's property/resources must be at or below:
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$2,250 ($10,000 effective June 1, 2020); or $3,500 if a member of the family is disabled, or age 60 or over ($15,000 effective June 1, 2020).
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$9,500 equity value for vehicles ($25,000 effective June 1, 2020).
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Detailed information is available in ARs 42-200 Property and 42-215 Determining Value of Property – Vehicles.
Other Requirements
Applicant/Participant families must also:
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Have proof of identity.
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Have a Social Security Number (SSN) or have applied for one for each person requesting aid, with some exceptions.
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Cooperate with Child Support requirements, unless exempt.
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Provide immunizations for all children under the age of six who are not enrolled in school, unless exempt.
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Participate in GAIN, unless exempt.
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Comply with Semi-Annual or Annual Reporting requirements.
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Be a United States (U.S.) Citizen or eligible noncitizen.
Note: Eligible noncitizens must provide acceptable proof of eligible noncitizen status.
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Intend to reside in California.
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Apply for potentially available income.
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Detailed information is available in the following ARs:
Benefits
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A CalWORKs grant based on the MAP for the Assistance Unit (AU) minus net countable income.
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A special need allowance may be allowed for diets, transportation, etc.
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A special non-recurring allowance may be given to replace clothing and household equipment if the loss was due to a sudden and unusual circumstance (fire, flood, earthquake, etc.).
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A variety of Homeless Assistance benefits.
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A Diversion payment for applicants who need help to meet a one-time-only expense that prevents current employment or who are likely to find employment in a short period.
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Child Care and other supportive services are available for Welfare-to-Work (WtW) participants.
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Applicant’s responsibilities
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During an initial application and Redetermination (RD) process, the applicant or participant is responsible to assume as much responsibility within their capabilities (i.e., physical, emotional, educational, or other limitations). Responsibilities may include:
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Completion of application interview.
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Completion of all required documents;
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Providing required documents that are available or in their possession, such as earnings, deductions, etc.;
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The County will assist the applicant with obtaining verification as long as they ask for help and have made a good faith effort to provide the requested documents.
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Providing the kinds of evidence which may be needed to establish eligibility;
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Reporting all known facts that may affect their eligibility;
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Reporting any changes within five calendar days of the occurrence;
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Identifying and providing information about third parties who may be liable for medical care and services;
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Applying for and taking appropriate steps to obtain specific benefits for which they appear to be potentially eligible; and
Detailed information is available in AR 82-610 Potentially Available Income.
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Cooperating in Quality Control/Assurance Reviews.
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Providing a photo identification (ID) in person.
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Who must be included on the Statement of Facts (Filing Unit)
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The SAWS 2 PLUS, Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs, must include the following persons if living in the home:
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An applicant child;
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All children who are siblings or half-siblings of the applicant child;
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The parents of any child listed above;
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A pregnant woman, in a one-person AU;
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The caretaker relative, step-parent and second parent of a Supplemental Security Income/State Supplementary Payment child when aid is requested;
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The caretaker relative, step-parent and second parent of a child who is sanctioned by GAIN;
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The Senior Parent;
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The spouse of persons mandatorily included; and
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The optional person(s), including an Alternative Sentenced Person, when aid is requested.
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Whenever the applicant/participant refuses to include required persons on the SAWS 2 PLUS (at Intake, RD, or when adding a person) aid must be denied/discontinued.
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Who must attend the application interview
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The following person(s) must attend the face-to-face application interview:
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Applicant;
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Both parents in a two-parent household;
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Stepparent, if included as an optional person;
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Caretaker/Caretaker relative; or
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Senior and Minor Parent in the AU when the Minor Parent has care and control of their child(ren).
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In-Person
Photo ID
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Applicants, regardless of citizenship or legal status for living in the United States (U.S.), must provide a photo ID, in person.
Once the photo ID is provided, the photo ID on file continues to meet the requirement, even after the ID has expired.
The entire AU is denied or discontinued for failure to cooperate with the ID requirements.
Exceptions
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Applicants/Participants who have a photo ID on file and non-needy caretaker relatives of children placed with them by the Department of Children and Family Services (DCFS) are exempt from the photo ID requirement.
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Persons who are making a good faith effort to provide the photo ID but are unable to do so due to circumstances beyond their control are provided with additional time and the application can be approved.
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See AR 40-131 Photo Identification In-Person Requirement for detailed policy and procedures.
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Processing timeframes – new applications
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Approval Timeframes:
The determination of eligibility, including the gathering of any necessary evidence, must be completed promptly within 30 days.
The following must be mailed/provided within 30 calendar days, starting with the day after the application date:
· An aid payment; and
· A notice of approval; or
· A notice of denial.
The processing timeframe can be exceeded in situations where completion of the determination of eligibility is delayed because of circumstances beyond the control of the applicant.
An example would be the inability of the applicant to provide essential verifications, such as proof of income.
Immediate Need (IN)
IN requests must be processed by the next working day following the date of request. If IN is requested, the interview and the evaluation for IN must be conducted within one working day of the application date.
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When an IN payment has been issued, the case must be authorized/approved within 15 working days from the date of receipt of the IN request. This also applies when the IN request was denied when the need was met by issuing CalFresh benefits or Homeless Assistance.
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Denial Timeframes:
When the applicant does not meet eligibility requirements within set time frames, the Eligibility Worker (EW) will deny the application and send an appropriate Notice of Action (NOA). An application will be denied:
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At the time of application if the ineligibility is obvious (i.e., no eligible child in the home);
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When ineligibility occurs prior to authorization, even if the AU was eligible for aid in the month of application; or
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When there has been no contact with the applicant and 30 calendar days from the date of application/request have elapsed.
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Exception:
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If the AU is not income eligible for the month of application only, aid will be effective the first of the following month.
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A case cannot be denied just because all the required documentation was not received within 30 days:
The inability to complete the determination of eligibility within a 30-day period shall not be a basis for denying the application unless the delay is caused by the refusal of the applicant to participate in the gathering or providing of evidence.
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Example:
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An applicant owns property which may cause the family to exceed the CalWORKs property limits. The applicant is told that evidence of the value of the property will be required to establish eligibility for aid. The applicant agrees to provide the required information by a certain date. At the time of the due date for the verification, the applicant informs their EW that they need more time to obtain it. The EW grants the additional time past the 30-day processing timeframe. At a later date, the applicant contacts the EW and states that the value of the property is irrelevant to their current need and states that they will not provide any additional information. The application is denied due to refusal of the applicant in providing evidence.
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When the applicant is cooperating but is unable to provide required documentation timely:
The specified time limit may be exceeded in situations where completion of the determination of eligibility is delayed because of circumstances beyond the control of the applicant, in which instances the case record shows the cause for the delay by properly documenting the system Journal page. These instances include:
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Inability on the part of the applicant to provide necessary clarification, such as the applicant or a child is hospitalized, delay caused by the agency where applicant is obtaining verification from, etc.;
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Failure or delay on the part of an examining physician to provide all needed information; and
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Application is made prior to the date on which the applicant meets the eligibility requirements and the 30-day period terminates before the applicant meets such requirements (e.g., when the individual, family, or child is ineligible at time of application but it appears there will be eligibility within 60 days).
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All actions taken must be documented on the system Journal page.
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Mandatory reports – new applications
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Applicants are required to report any change in the family’s circumstances, which may affect eligibility and grant amount within five calendar days of the occurrence.
Eligibility changes can include, but are not limited to any changes in:
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Income and resources;
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AU composition; or
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Marital status, etc.
Any changes reported by the AU while the EW is still determining eligibility for CalWORKs must be used to make a correct final determination of eligibility and grant amount.
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Income changes – new applications
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Eligibility staff must use information provided in the SAWS 2 PLUS to determine eligibility and grant amount for applicants based on actual and reasonably anticipated income.
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Actual income is used to determine if the applicant passes the first income eligibility test.
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The second financial eligibility test is based on the family’s combined reasonably anticipated monthly net non-exempt income for the upcoming payment period.
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Eligibility staff must use any and all information available to them, including income that they identify through other sources, such as Income and Eligibility Verification System (IEVS) or information from the Employment Development Department, when determining eligibility and grant amount. However, the EW must not delay the determination of eligibility pending receipt of IEVS information if other information establishes the individual’s eligibility.
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Once eligibility and grant amount is determined, aid must be granted back to the date of application (presuming the AU was eligible on that date) or the date on which the applicant meets all eligibility conditions, whichever is later.
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Once aid is granted, no overpayment should be assessed based on any differences between the amount of income the EW and the applicant reasonably anticipated the AU would receive during the payment period and the income the AU actually received, provided the applicant’s reports were complete and accurate. However, if it is determined that the applicant did not report all required changes during the application process, their reporting would be considered incomplete and an overpayment may be assessed.
Child Support Income:
Child support income is counted differently from other types of income when initially determining eligibility and grant amount of an AU.
When an AU is receiving direct child support income, Eligibility staff must count the income for purposes of determining whether the AU passes the initial applicant financial eligibility test. However, since the child support will be assigned to the County and will not be received by the applicant once they are receiving CalWORKs, that child support income cannot be counted as income for purposes of determining the AU’s grant amount.
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For AUs with a K1 or 3F aid code child support payments are not assigned to the County and are sent directly to the AU either by the absent parent or the Child Support Services Department. See AR 82-500 Child Support Enforcement Program, for detailed information.
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Deprivation changes – new applications
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In order to be eligible for CalWORKs the child for whom aid is being requested must be deprived of parental support or care. If deprivation is established based on unemployment, the Principal Wage Earner (PWE) must have been employed for less than 100 hours during the four-week (28-day) period prior to the date of eligibility for CalWORKs.
If at the time of application:
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The family does not meet deprivation requirements based on the 100-hour rule, but it appears that they will within 60 days, Eligibility staff must hold action on the application (up to 60 days); and
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Once the family meets the 100-hour rule, their financial eligibility must be determined based on their current circumstances.
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On the contrary, if the family meets deprivation standards at the time of application, but the PWE has a full-time job offer for a job that will not start until a later date, the family will still be determined eligible as long as they meet the 100-hour rule at the time their application is processed.
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Household composition changes – new applications
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Applicants must report within five days if their household composition changes during the application process (i.e., if anyone moves in or out of the home). If aid has not yet been granted, these changes will be taken into consideration when determining initial eligibility and grant amount.
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When adding a new person to the AU, the new person's Beginning Date of Aid (BDA) is the same as the application date as long as the application has not been approved.
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If the application was already approved, these reports will be treated as voluntary mid-period reports for Semi-Annual Reporting (SAR) cases and will only be acted on if the change results in an increased grant.
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For Annual Reporting/Child-Only (AR/CO) cases (once aid has been granted), household composition changes are mandatory mid-period reports and must be reported within ten days. Eligibility staff must take action on the reported change regardless of whether the change results in a grant decrease or increase.
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BDA rules – new applications
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Aid will begin on the date of application or the date on which the applicant meets all eligibility conditions, whichever is later.
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If eligibility exist for each mandatory member of the AU, the BDA is the application date, provided the eligibility requirements are met for each member prior to authorization.
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Example:
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A pregnant woman with no other children applies for CalWORKs on December 5th and on December 9 provides all verification including pregnancy verification to establish eligibility. Their BDA is December 5th.
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If changes take place after the BDA, but before the determination of eligibility, and the change results in applicant ineligibility, the EW must deny aid.
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If the changes do not result in ineligibility, but will have an effect on the grant amount, they must be used to determine the correct grant amount for the AU.
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Conversely, if the applicant is ineligible at the time of the application, but will become eligible within 60 days, the EW must withhold action on the application until the applicant family will be eligible. Using the appropriate NOA, the applicant must be notified that the application is being held and the date when action will be taken.
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Example:
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An AU applies for CalWORKs on November 1st, but is not able to complete the application interview with the EW until November 28th. On the day of the interview, the EW determines that the applicant was over resource limits on November 1st, but was below resource limits on November 28th. The BDA is November 28th, as the applicant met CalWORKs eligibility conditions on that date.
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Written withdrawal of application
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When the applicant provides a written request for withdrawal of application, the EW will complete the CW 10, Notice of Withdrawn Application, and give to the applicant. A denial NOA is not required when the applicant requests an application withdrawal in writing and an evaluation to deny or approve the case has not been completed. All actions taken must be documented on the system Journal page.
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Verbal withdrawal of application
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When the applicant provides a verbal request for withdrawal of the application, the EW will complete the CW 10 and give to the applicant. If the applicant is in the district office, the EW can provide the CW 89, Application Withdrawal Request.
A denial NOA is required if the CW 89 or other written request is not submitted.
A denial NOA is not required when the applicant requests an application withdrawal in writing and action to deny or approve the case has not been completed. All actions taken must be documented on the system Journal page.
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Voter registration
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All applicants/participants, registrants/visitors must be offered the opportunity to vote.
Public contact staff must follow the procedures contained within the AR 40-103.4 National Voter Registration Act.
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Language services
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Staff must take reasonable steps to ensure that
applicants/participants are provided effective services in their self-declared preferred language.
When an applicant/participant chooses to use their own interpreter, the PA 6181, Interpreter Services Statement and Confidentiality Agreement, must be used to:
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Document language services requirements when customers use their own interpreter;
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Inform customers about risks when they use their own interpreter: interpretation accuracy, benefit errors, and loss of confidentiality; and
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Document customer’s own interpreter confidentiality agreement.
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Eligibility staff must document the system Journal page with information about the compliance with language services.
Note: Civil Rights Memo 17-01, dated March 30, 2017, discontinued the use of the PA 481, Language Designation and the PA 481 A, Interpreter Services Statement, effective March 1, 2017.
Please see the Language Services in the Procedures Section for detailed information.
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Temporary Changes Due to Executive Order N-59-20
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Executive Order N-59-20 suspends the interview requirement only for applicants whose identity has been verified, who have submitted all required verifications, and when information on the application is not questionable. This includes interviews for applicants who have requested an IN payment. In addition, Executive Order N-59-20 grants a verbal attestation for the SAWS 2A SAR and child support forms (CW 2.1 and CW 2.1 Q).
The suspension is applicable as follows:
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Executive Order N-59-20: The suspension became effective May 1, 2020 and was originally scheduled to expire June 30, 2020.
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Executive Order N-69-20: Extended the suspension until August 14, 2020.
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Executive Order N-71-20: Extends the suspension until either the Executive Order is rescinded or modified, or the State of Emergency is terminated, whichever occurs first.
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Staff will be informed of any changes in the future.
Note: The interview requirement will remain suspended until further notice.
Verification requirements and policy have not changed under this Executive Order. For purposes of securing required verifications, workers must proactively use electronic verification when available. Additionally, when verifications do not exist, a sworn statement is considered adequate, except for verification of citizenship or noncitizen status (and medical verification of pregnancy, also waived under this Executive Order which can be referenced within AR 82-836 Pregnant Women Only).
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Scheduling Interviews
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When IN is not requested, a telephone interview must be scheduled within seven working days. If IN was requested, the interview must be scheduled/conducted by the next working day. See AR 40-131.1 Interview Requirement.
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Cooperation –
Interview & Required Verification
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The applicant must cooperate in completing the CalWORKs application interview and providing required verification needed to determine eligibility.
Denial of Application Due to Failure to Cooperate
Aid can be denied when the applicant fails to keep their interview appointment under certain conditions, such as failure to cooperate when a presumption of noncooperation has been established.
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Example:
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During the application interview, the applicant reports income which may cause the family to exceed the CalWORKs income limits. The applicant is told the income verification will be required to establish eligibility for aid. The applicant is given a request for the verification due within ten days at which time they are expected to have the needed evidence. The applicant misses the appointment and does not contact the EW to resolve the issue. The application is denied based on failure to cooperate.
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For detailed information on the scheduling of the application interview, see AR 40-131.1 Interview Requirement.
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CalWORKs Application Packet
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Certain forms and pamphlets are required to be part of the CalWORKs application packet and must be distributed and reviewed with the applicant as part of the CalWORKs application process. Applicants must receive the same forms and information regardless of the interview method (telephone or face-to-face).
See the 'Forms' section of this release for a complete list of forms that make up the CalWORKs application packet. District Office management must ensure that the contents of the packets assembled are legible, up-to-date, and reflect the latest revision of the forms.
YBN Applicants
Applicants submitting a CalWORKs application through YBN should be mailed a CalWORKs application packet upon assignment of the application to the EW.
Since the SAWS 2 PLUS was completed electronically through YBN, the application packet that is mailed should not include a blank hard copy of the SAWS 2 PLUS. This will prevent Quality Control errors related to duplicate applications on file.
For YBN application submitted by CSC staff for which a telephonic signature is captured, the SAWS 2 PLUS that is completed through YBN must be printed and mailed to the applicant together with the CalWORKs application packet.
In-Person Applicants
Applicants submitting a CalWORKs application in person must be provided with a CalWORKs application packet on the day of the application. The completed and signed hard copy of the SAWS 2 PLUS must be obtained from the applicant before they leave the district office. The applicant should be informed that the remaining forms in the packet must be signed after they complete the application interview with the EW. This includes the SAWS 2A SAR, Rights, Responsibilities and Other Important Information, form.
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Request For Needed Forms/ Verifications
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Upon completion of the interview, if verification documents or other forms are needed to complete the determination of eligibility, staff must initiate the CW 2200-LA, Request for Verification, specifying the document(s)/form(s) that are needed and for whom. The EW must:
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Control for receipt of verification;
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Be specific and consistent about deadlines for verifications;
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Ensure that only information necessary to determine eligibility is requested; and
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Inform the applicant that requested verification(s) or form(s) can be returned by mail, document upload via YBN at www.yourbenefits.laclrs.org, the DPSS Mobile App. (see attached flyer), or by fax.
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The CW 2200-LA can be initiated from the Template Repository or Verification List page. Detailed information regarding the completion and generation of this form is found in Form Instructions, CW 2200-LA Request For Verification Form. No need to image the CW 2200-LA as it is saved as part of the case record upon generation.
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Assist the applicant in obtaining evidence
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The EW may assist the applicant with obtaining the necessary documents when it is determined that the applicant has made a good faith effort to obtain the documents but could not, or the applicant does not have the funds necessary to obtain the evidence (e.g., obtaining verification of income, disability, bank account balance, etc.).
A “good faith effort” means that the applicant has attempted to comply within the limits of their resources but was not able to obtain the requested document from the third party.
All actions taken must be documented on the system Journal page.
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Rescind denial/restoring aid
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A denial can be rescinded as long as the reason for denial was based only on the applicant’s failure to cooperate in providing evidence of eligibility as opposed to instances when the applicant has refused to cooperate.
Aid can be restored as long as the applicant provides the evidence of eligibility within 30 calendar days from the date of the denial NOA.
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Evidence for eligibility has already been submitted
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The case record, including supporting documents, must be reviewed to determine if there is evidence of eligibility before requesting the information from the applicant.
This will avoid unnecessary requests for information from applicants, as well as assist them when they are unable to provide verification due to one of the following:
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The applicant cannot obtain the verification;
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The applicant must pay for the verification; or
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The time needed to obtain the verification would delay the application.
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There is no requirement to review the case if it seems likely the verification needed did not exist during the period the applicant previously received aid. Evidence of verification may include earnings, photo ID, bank accounts, or evidence related to new persons in the AU.
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Example:
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A family’s aid was discontinued in November. In January, a second child is born. The family reapplies for aid the following May. It would be unreasonable to expect that the second child’s birth certificate would be in the case record. The child was born after the family’s aid was discontinued.
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Approved cases in Intake files
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One of the major factors in an efficient and effective Intake operations is emphasis on the expectation that approved/denied cases are transferred from Intake files as quickly as possible. Approved/Denied cases in Intake files have a major impact on timely application processing due to the workload involved.
CalWORKs applications processed must be transferred out of Intake files as soon as possible, but no later than between one to ten calendar days from the processing date.
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Home visit for application interviews
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Applicants who are unable to participate in a telephone or face-to-face interview due to a physical and/or mental health limitation/disability or other barrier, can be accommodated with a home visit.
The need for a home visit is determined on a case-by-case basis, requires the applicant’s verbal/written statement, and is based on case circumstances.
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