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.1 General
(SAR).11 A special need is a need not common to a majority of recipients for certain goods or services which are essential for their support. The county is responsible for assisting the applicant or recipient in identifying any special needs which he/she may have. In order to meet this responsibility, the county shall give the applicant or recipient a clear explanation of the types of special need allowances which are available, and of the procedure for securing payment for those needs. See Section 44-316.312(d) (SAR).
(AR/CO) A special need is a need not common to a majority of recipients for certain goods or services which are essential for their support. The county is responsible for assisting the applicant or recipient in identifying any special needs which he/she may have. In order to meet this responsibility, the county shall give the applicant or recipient a clear explanation of the types of special need allowances which are available, and of the procedure for securing payment for those needs. See Section 44-316.312(d) (AR/CO).
.12 Repealed by Manual Letter 83-27, 5/5/83.
.13 Before a payment is made which includes a special need allowance, evidence is required to establish:
.131 That the conditions set forth below under which the need may be allowed are met,
.132 the total cost of the need and the payment plan,
.133 the proportion of the cost which should be borne by the recipient if the need is shared by others in the household,
.134 the period over which the need will continue.
STANDARDS OF ASSISTANCE
.2 Recurring Special Needs
(SAR) A recurring special need is a special need for one of the items set forth below which results in added cost to the family and which is expected to occur during two or more months in a calendar year.
(SAR) The allowance for a recurring special need cannot exceed the actual increase in costs to the family as a result of the special need. Actual costs must be verified every six months on the SAR 7 or the SAWS 2 except that if special need allowance guidelines established below are utilized, the county may authorize payment at the rate indicated without verification of actual cost. However, the special need must be resubstantiated at least annually upon redetermination of eligibility and may be required more often considering the type of need and potential for change.
(SAR) The total allowance which is available for each AU per month for all recurring special needs shall not exceed the amount resulting from multiplying $10 by the number of persons in the AU.
(AR/CO) A recurring special need is a special need for one of the items set forth below which results in added cost to the family and which is expected to occur during two or more months in a calendar year.
(AR/CO) The allowance for a recurring special need cannot exceed the actual increase in costs to the family as a result of the special need. Actual costs must be verified at redetermination on the SAWS 2 except that if special need allowance guidelines established below are utilized, the county may authorize payment at the rate indicated without verification of actual cost. However, the special need may be resubstantiated more often considering the type of need and potential for change.
(AR/CO) The total allowance which is available for each AU per month for all recurring special needs shall not exceed the amount resulting from multiplying $10 by the number of persons in the AU.
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STANDARDS OF ASSISTANCE
.21 Therapeutic Diets
.211 Special need for a therapeutic diet shall be authorized when recommended by a physician and therapeutic diets are not limited to those listed below, except that final determination of the need may be based upon consultation with the county medical consultant.
.212 The recipient is entitled to establish actual expenses related to the diet plan if it is to his or her benefit to do so. However, if the recommended diet plan includes one or a combination of the following diets, the county may pay the amount indicated for the highest cost diet without verification of actual costs:
$15 for the following diets:
Diabetic, 2200 calories or more
High Calorie -- High protein (including special formula for infant)
Lactation (while breast feeding)
$9 for the following diets:
Diabetic, under 2200 calories
Bland
Low Fat -- Cholesterol
Low Salt (sodium, under three grams)
.22 Other Recurring Special Needs
A recipient is eligible for a special need allowance for the following recurring special needs when the county verifies that they occur for reasons not common to a majority of recipients and that they are essential for support. Determination of any allowance shall be consistent with the following guidelines and limitations:
.221 The actual cost of special transportation except that the allowance shall not exceed the actual cost of the least expensive mode of the transportation (including common carrier) reasonably available to the recipient. The county may compute the costs for a private automobile according to the number of miles traveled at the rate of $0.12 a mile without further documentation by the recipient. Examples of special transportation needs are where the recipient must journey an unusual distance or travel daily to receive required medical treatments.
STANDARDS OF ASSISTANCE
.222 The actual cost of special laundry. The county may allow $3.00 per month without verification of actual cost by the recipient. An example of special laundry needs would be where a recipient is required to change and clean bedding or clothing more than usual because of a medical condition.
.223 The actual cost of employing someone to do the cooking, washing, ironing, household cleaning, and similar chore services for members of the FBU when the county verifies that the family caretaker is unable to perform any one or more of these functions, and that such duties cannot be performed without charge by persons in the household.
.224 The actual cost of special telephone service or equipment such as the cost of an amplifying device when a member of the household is handicapped by an auditory impairment.
.225 The actual costs of excessive use of utilities when the county verifies that the excessive use is required for a reason not common to a majority of recipients and is essential for their support. Excessive use of utilities means the FBU's share of the actual cost of utilities is in excess of the in-kind income values for utilities for that size FBU. The county may allow $5.00 per month without verification of actual cost by the recipient.
.23 Where a recurring special need also qualifies as an allowable service-connected expense pursuant to Section 10-305 or Chapter 30-500, the county may authorize any combination of such funds to meet the family's needs so long as there is no duplication in aid payment. When a special need is to be met from a combination of such funds, the allowance must be based on the actual costs and not the guidelines specified above.
.3 Nonrecurring Special Need Payments
.31 A payment for a nonrecurring special need shall be granted to an eligible AU when any of the following conditions exist:
.311 Household emergencies resulting from sudden and unusual circumstances beyond the AU's control. (See MPP 44-211.4.)
.312 Homelessness when the AU is seeking permanent housing. (See MPP 44-211.5.)
(a) Repealed by Manual Letter No. EAS 06-03, effective 11/16/06
STANDARDS OF ASSISTANCE
.32 An AU is ineligible to receive a nonrecurring special need payment, except for homeless assistance pursuant to Section 44-211.5, if it has over $100 in nonexempt liquid resources with the exception of funds deposited in a restricted account described in Section 42-213.231.
.321 The county shall evaluate nonexempt liquid resources when an AU requests a nonrecurring special need payment for any of the following.
(a) An emergency resulting from sudden and unusual circumstances beyond the AU's control (see Section 44-211.4);
.322 For homeless assistance pursuant to Section 44-211.5, there is no liquid resource limit. Counties shall not consider an AU’s resources for purposes of homeless assistance eligibility.
.33 Liquid resources of $100 or less shall not be considered for purposes of computing the nonrecurring special need payment.
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See MPP 42-211.2 for definition of liquid resources; see MPP 40-129.21 for exceptions to the MPP 42-211.2 definitions.
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.4 Emergencies Resulting from Sudden and Unusual Circumstances Beyond the AU's Control
.41 An AU is entitled to receive a nonrecurring special need payment to repair or replace clothing or household equipment; to provide assistance for damages to the home; or to pay for interim shelter when the AU's home was destroyed or made uninhabitable or inaccessible. (See MPP 44-211.42, .43, and .44 respectively.)
.411 The loss or damage must have been caused by sudden and unusual circumstances beyond the AU's control.
.412 The CWD shall determine the most feasible and economic method of repair or replacement including the provision of donated or used serviceable items.
STANDARDS OF ASSISTANCE
.413 The total amount allowed for the payment for household emergencies shall not exceed $600 for each incident resulting from the circumstances described in MPP 44211.41 and .411.
(a) The amount of the payment for each item to be repaired or replaced, or to assist with damage to the home, shall be the actual cost, including sales tax, up to a total maximum not to exceed the amount allowed in MPP 44211.413.
(b) Payment shall not be made to repair or replace clothing, household items or damage to the home occupied by the AU, unless the clothing, household items or home belonged to a member of the AU.
.42 Clothing and Household Equipment
.421 Within the limit specified in MPP 44-211.413, a payment made to replace clothing may not exceed $25 for each member of the AU.
.422 Items of household equipment which may be repaired or replaced include, but are not limited to the following:
(a) Bedding, dishes, kitchen utensils - $12 for each person in the AU
(b) Cook stove - $142
(c) Refrigerator - $190
(d) Space heater - $73
(e) Double bed including mattress - $143
(f) Other essential furniture - $50
.43 Damage to the AU's Home
.431 Within the limit specified in MPP 44-211.413, a payment may be made for the costs of essential repair or replacement resulting from damage to the AU's home.
.432 The payment shall be allowed for the following costs:
(a) Moving and/or storage costs necessitated by the damage to the home.
(b) Labor and material costs for repair of the home in which the AU lives and which a member of the AU owns.
STANDARDS OF ASSISTANCE
.44 Interim Shelter
.441 An AU may receive a nonrecurring special need payment for the costs of interim shelter when its home has been destroyed, made uninhabitable or inaccessible.
.442 An AU is not eligible to receive a nonrecurring special need payment for the costs of interim shelter if it is eligible to receive the nonrecurring special need payment for homeless assistance described in MPP 44-211.5.
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(a) If an AU has received the nonrecurring special need for homeless assistance pursuant to Section 44-211.5, and the AU's home is subsequently destroyed, made uninhabitable or inaccessible, the AU may qualify for interim shelter assistance in accordance with Section 44-211.441.
(b) If an AU has already received the nonrecurring special need for homeless assistance pursuant to Section 44-211.5 within the last 12 months, and their home is subsequently destroyed, made uninhabitable or inaccessible due to a state or federally declared disaster, then the AU is eligible to receive 16 days of temporary homeless assistance benefits based on the exception to the once every 12-month rule due to a state or federally declared disaster and uninhabitability of the home as described in Sections 44-211.541(a) and 44-211.541(b)(2), respectively. After the AU has received their 16 days of temporary homeless assistance benefits under this disaster exception to the 12-month rule for homeless assistance, they may be eligible to receive additional days of temporary shelter payments under the special needs interim shelter Section 44-211.441.
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STANDARDS OF ASSISTANCE
.5 Homeless Assistance
.51 General
A homeless AU seeking permanent housing is eligible to receive homeless assistance. Homeless assistance is available to meet the costs of securing permanent housing, preventing eviction pursuant to Section 44-211.531(b), and meeting the costs of temporary shelter while the AU is seeking permanent housing (see Sections 44-211.52 and .53). Any AU applying for homeless assistance shall be informed that these benefits are limited to once every 12 months, with exceptions (see Sections 44-211.514 and .54).
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See Section 44-211.52 for specifics regarding the payment for temporary shelter assistance; see Section 44-211.53 for specifics regarding the payment for permanent housing assistance; see Section 44 211.527 for specifics regarding the expanded temporary homeless assistance for applicants that are fleeing domestic abuse.
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511 An AU is considered homeless when:
(a) It lacks a fixed and regular nighttime residence; or
(b) It has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or
(c) It is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or
(d) It receives a pay rent or quit notice.
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STANDARDS OF ASSISTANCE
.512 Payment Requirements:
(a) A homeless assistance payment shall not be made unless the provider of housing is any of the following:
(1) A commercial establishment.
(2) A shelter.
(3) A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.
(b) Although an AU may be considered homeless, in accordance with the definition in Section 44-211.511, a homeless assistance payment shall not be issued to an AU if the CWD establishes that the AU has ongoing shelter at no cost.
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(1) Example: An otherwise eligible AU, who temporarily resides with another family, requests homeless assistance payments to obtain separate housing. The county determines that the AU is eligible to receive homeless assistance payments because: (1) they have a need for shelter per Section 44 211.512, and (2) they lack a fixed and regular nighttime residence. This is in accordance with the preliminary injunction ordered in Merriman v. McMahon, which remains in full force and effect.
(2) A family residing in a publicly or privately-operated homeless shelter or car should not be considered to be in receipt of ongoing shelter at no cost and should be issued homeless assistance payments.
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.513 An AU is eligible for a nonrecurring special need payment for homeless assistance once every 12 months unless the exception criteria in Section 44-211.54 or .514 is met. For each 12-month period, homeless assistance is limited to a maximum of 16 days of temporary assistance and one payment of permanent housing assistance, with exceptions. A homeless assistance payment may be granted for either, or both, temporary shelter or permanent housing. A permanent housing payment may be granted whether or not a payment for temporary shelter has been issued.
STANDARDS OF ASSISTANCE
(a) The AU must complete a separate Statement of Facts for Homeless Assistance (CW 42, rev. 9/23), which is hereby incorporated by reference, to apply for a temporary shelter payment and/or permanent housing assistance. The CW 42 is designed to gather information specific to the elements of eligibility for the nonrecurring special need for homeless assistance. The AU shall provide a sworn statement that they are homeless via the CW 42, which is sufficient for the purpose of verifying homelessness, except when the family meets the criteria for questionable homelessness per Section 44-211.523(e)(1).
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(1) Example: A parent and their children who are apparently eligible for CalWORKs apply for temporary shelter assistance. In order to verify homelessness at the time of the application, the parent completes a CW 42, providing a sworn statement that they meet the definition of homelessness. The CWD confirms that the applicant has not received temporary shelter assistance within the prior 12 months, excluding exceptions, and that there is no evidence to suspect that the family has permanent housing. The CWD shall not request additional information about income or liquid resources for purposes of homeless assistance eligibility. The CWD shall not seek additional verification or obtain a copy of the pay or quit notice for purposes of verification of homelessness.
(2) Example: On January 2, 2023, an AU is issued temporary and permanent homeless assistance payments under Section 44-211.513. The AU may be eligible for regular homeless assistance payments again on January 2, 2024, under the standard once every 12-month rule in Section 44.211.513, or sooner if they meet an exception as specified under Section 44-211.54.
(3) Example: An AU submits a CW 42. Upon receiving the form, the county worker notices that it is missing information and is not signed. The homelessness verification requirement of a complete and signed CW 42 form is not met, and benefits are not issued until the applicant submits a complete and signed CW 42 form.
(4) Nothing in Section 44-211.513(a) requires HA applications to be submitted in person or include a face-to-face interview. Applications may be submitted in person, or electronically.
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STANDARDS OF ASSISTANCE
(b) The period of homelessness begins:
(1) For temporary and permanent homeless assistance, on the day the CWD issues the first payment of temporary shelter or permanent housing to the recipient or landlord. This also marks the beginning of the 12-month limit on eligibility described in Section 44-211.513.
(2) For those exceptions limited to once in 12 months, the period of homelessness begins on the date when the first temporary or permanent homeless assistance payment is issued under one of these exceptions.
.514 An otherwise eligible AU that has received a homeless assistance payment on behalf of an eligible child in the last 12 months shall not be eligible for further homeless assistance payments, except as specified in Section 44-211.54 or under the following conditions:
(a) There is a new caretaker relative who was not living with the AU at the time the original homeless assistance payment was issued, and
(b) The new caretaker has not received homeless assistance during the previous 12 months on behalf of or as part of another AU, and
(c) The former caretaker relative is no longer living in the home with the AU.
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STANDARDS OF ASSISTANCE
.515 In intercounty transfer cases, the county where the AU is physically located and intends to reside shall be responsible for the homeless assistance eligibility determination and issuance of the homeless assistance payment from the date of the request.
(a) The MAP amount for the county where the AU is physically located and intends to reside shall be used in the calculation of the total monthly household income for purposes of determining eligibility for permanent homeless assistance.
(b) The new county of residence must determine if the AU has received homeless assistance in the previous county in the last 12 months and if so, how many of their 16 days they received. If not all 16 days were issued, the AU may be eligible for the remaining days of homeless assistance benefits in the new county.
.516 The county shall comply with an AU's written request to make payments to the AU or to the providers of temporary shelter, permanent housing or utilities unless the conditions in Section 44-211.517 exist.
(a) The CWD shall determine the most appropriate method of payment to third parties which includes, but is not limited to, direct vendor payments, twoparty or restrictive endorsement checks, or voucher payments.
.517 The county shall make restricted payments when the county establishes a finding of mismanagement of CalWORKs cash assistance. A restricted payment is a vendor or two-party payment to a provider of temporary shelter, permanent housing or utilities for any future homeless assistance payments associated with the incident of homelessness.
(a) Mismanagement exists only when:
(1) The county determines that the homeless assistance payment was not used for shelter; or
(2) The AU fails to provide verification
(A) that the temporary shelter payment was spent on shelter; and/or
(B) as required under Section 44-211.535(d) for permanent housing; or
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STANDARDS OF ASSISTANCE
(3) The AU provides verification which shows the homeless assistance payment was not paid to a person or establishment with whom the AU has a valid lease, sublease, or shared housing agreement.
(4) The recipient's homelessness is the result of the failure to pay rent, other than for the following:
(A) A rent increase which results in the AU's rent or share of the rent being over 80 percent of the AU's total monthly household income, without special needs, for an AU of that size.
(B) Reasonable exercise of a tenant's right to withhold rent for cause.
(C) Domestic violence by a spouse, partner, or roommate.
(b) The CWD shall do all of the following when restricted payments are provided to an AU:
(1) Issue the payment by one of the following methods, at the discretion of the CWD:
(A) Mail or delivery to the AU for delivery to the service provider.
(B) Mail or delivery directly to the service provider.
(2) Develop greater ability on the part of the recipient to manage funds in such a manner as to protect the welfare of the family by:
(A) Providing each family with informational materials.
(B) Referring the family to appropriate services where such services exist.
.52 Temporary Shelter
The temporary shelter payment is available once every 12 months, with exceptions (see Section 44-211.541), to a homeless AU for temporary shelter, when the AU is also seeking permanent housing.
.520 The temporary shelter payments are also available to homeless CalWORKs families receiving family reunification services, as defined in Section 80-301(r)(3), if they are otherwise eligible and the county determines that such benefits are necessary for reunification to occur.
STANDARDS OF ASSISTANCE
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See Sections 82-812.674 and .675 for more information about services available to family reunification parents.
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.521 The temporary shelter payment is also available to homeless applicant AUs who are apparently eligible for CalWORKs.
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(a) Apparent eligibility is defined in Section 40-129.11.
(1) The potentially eligible AU must meet technical conditions of eligibility as specified in Section 40-129.214(a).
(2) Information from any source may be considered.
(b) In determining an apparently eligible AU, do not include:
(1) A non-citizen applicant who does not provide verification of their eligible non-citizen status,
(2) A person with no eligible children who does not provide verification of pregnancy,
(A) A pregnant person may provide verification of pregnancy by means of a sworn statement or, if necessary, a verbal attestation.
(3) A person who is sanctioned.
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STANDARDS OF ASSISTANCE
.522 The payment for temporary shelter shall be issued or denied within the same working day in which the AU requests homeless assistance.
(a) When the CWD arranges for shelter in the interim, the temporary shelter may be issued no later than the close of business on the working day following the request.
(b) The temporary shelter payment, or CWD arranged interim shelter, shall be issued to an otherwise eligible AU on the last CWD working day before a weekend or holiday when it is established that the AU will lack shelter on the weekend or holiday.
.523 An AU determined to be homeless may be eligible for up to 16 days of temporary shelter assistance, regardless of the CWD's schedule for issuance of payments.
(a) The first day for which a temporary shelter payment is provided to an AU marks the beginning of the 12-month period during which the AU may receive their homeless assistance benefits.
(b) The AU must request all temporary shelter assistance before the end of the 12-month period. After the 12-month period has passed, the family may be eligible for a new issuance of up to 16 days of homeless assistance benefits.
(c) The AU must provide verification of shelter expenditures and a housing search to receive the next issuance of temporary shelter assistance or reimbursement for temporary shelter assistance for expenses incurred up to 16 days within the 12-month period.
(d) Unless homelessness and, when applicable, an exception have been verified as described in Sections 44-211.513(a) and 44-211.54, an initial temporary shelter payment shall be issued for up to three working days plus any nonworking days that are bracketed by the working days. If homelessness has been verified, payments are issued in accordance with Section 44-211.523(f) which permits an extension of benefits.
(1) Counties may waive the initial three-day limit and provide temporary shelter payments in increments of more than a week, up to a total of 16 days, when the family's homelessness is a direct and primary result of a state or federally declared disaster.
STANDARDS OF ASSISTANCE
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(A) EXAMPLE:
An AU requests temporary shelter on a Thursday. The following Monday is a national holiday and the CWD will be closed. The CWD may issue temporary shelter benefits for six days to pay for Thursday through Tuesday nights' shelter.
(B) EXAMPLE:
An AU's place of residence burns down in a fire that is declared a natural disaster by the State. The family requests temporary shelter payments. The county knows that many families were displaced by the fire, and that this family will likely have to travel some distance to find an available motel. The county issues the family all 16 days of temporary shelter payments on the day they apply.
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(e) The CWD shall verify the family's homelessness within the first three working days of the AU’s request for homeless assistance when additional verification is required due to the family meeting the criteria for questionable homelessness or when the family is requesting homeless assistance under an exception (See Section 44-211.542).
(1) If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the CWD shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within the first three working days of the AU’s request for homeless assistance.
(f) After homelessness and, when applicable, an exception have been verified as described in Sections 44-211.513(a) and 44-211.54, benefits shall be issued on a weekly basis thereafter (up to seven days at a time) for a maximum total of 16 days. An extension of benefits beyond the initial payment shall be based upon:
STANDARDS OF ASSISTANCE
(1) (Reserved)
(2) The AU's continuing need for temporary shelter benefits.
(3) The AU's documentation of a search for permanent housing while receiving temporary shelter benefits.
(A) The CWD shall issue a housing search form to the AU for the AU to document its search for housing.
(i) Other than cases of suspected fraud handled by the fraud unit, when the county chooses to make a collateral contact to verify housing search, the CWD must obtain the AU's consent.
(B) A minimum of one contact with prospective landlords for each day the AU receives temporary shelter benefits shall be required unless the AU has good cause for not searching for housing. An AU may contact prospective landlords in person, by telephone, or in writing including via email.
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(i) EXAMPLE
An AU requests temporary shelter benefits on a Monday and is issued three days of benefits and a search form by the CWD. The AU returns to the CWD on Thursday. The search form shows that the only contacts were with three landlords on Thursday prior to returning to the CWD. The CWD will consider the AU to have cooperated with the housing search requirement in Section 44-211.524(f)(3)(B), and issue up to seven more days of temporary shelter benefits.
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(ii) Good cause for not searching for permanent housing includes, but is not limited to, the following situations:
STANDARDS OF ASSISTANCE
a. The AU does not have access to a telephone, either through having one itself, or through a friend, shelter or accessible public place, and the AU also has no transportation and is living in a rural setting that makes public transportation unfeasible.
b. The permanent housing located by the AU is not yet available for occupancy.
c. The AU became homeless due to a state or federally declared disaster.
(iii) Good cause for not providing proof of permanent housing search also includes situations when the county determines that the AU, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter.
(C) Temporary shelter benefits shall be issued while the AU is cooperating, as outlined in Section 44-211.523(f)(3)(B) regarding housing search.
(D) An AU shall not be issued temporary shelter benefits if the AU has not met the housing search requirement, as outlined in Section 44-211.523(f)(3)(B), and if applicable, has not submitted verification of an exception. If the AU subsequently meets the housing and/or verification of an exception requirement(s), the AU shall continue to receive temporary shelter benefits until the 16 days are exhausted, if otherwise eligible.
STANDARDS OF ASSISTANCE
(g) The applicant/recipient shall provide verification of the amount expended for temporary shelter after receiving a temporary homeless assistance payment but before receiving any subsequent homeless assistance payment made directly to the applicant/recipient.
(1) Repealed by Manual Letter No. EAS-92-01, effective 1/1/92.
(2) CWDs may accept a sworn statement if an AU is unable to provide receipts or other verification of the amount expended for temporary shelter.
.524 The amount of the nonrecurring special need payment for temporary shelter shall be specified by the State Department of Social Services pursuant to the Budget Act. See Welfare and Institutions Code Section 11450(f) for the latest daily shelter rates.
(a) Effective January 1, 2019, an AU with four or fewer members shall receive a daily amount of $85.
(b) Effective January 1, 2019, the fifth and each additional member of an AU shall each receive an additional $15 a day, up to a maximum of $145 a day.
.525 In order for the homeless assistance program to be available to meet shelter costs, the AU shall use a provider of housing who is a commercial establishment, shelter, publicly funded transitional housing, or person or establishment with whom the AU has a valid lease, sublease, or shared housing agreement.
(a) When the AU fails to pay a provider in accordance with this requirement, the county shall follow the restricted payment provisions of Section 44-211.517.
STANDARDS OF ASSISTANCE
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(1) Example:
The AU receives three days of temporary shelter assistance in the amount of $255. On the fourth day, the AU returns to the CWD for an extension of benefits. The AU provides a shared housing agreement that shows the AU stayed with a friend and paid the friend $60 for three nights. The county determines that the AU has met the requirement to stay with a person with whom they have executed a valid shared housing agreement. There is no misuse of funds in this example.
(2) Example:
The AU receives three nights of temporary shelter in the amount of $255. The AU returns on the fourth day to request an extension of benefits. The AU provides a receipt that shows the AU stayed in a shelter three nights at a cost of $15. The AU has met the requirement of staying in a shelter or commercial establishment. There is no misuse of funds in this example.
(3) Example:
The AU receives $255 for three nights of shelter. The AU returns on the fourth day for an extension of benefits. The AU provides verification that shows $200 was spent on two nights of shelter at the XYZ Motel and the third night the AU paid a friend $60 to stay with them. The AU has met the requirement of staying in a commercial establishment and with a person whom they have a valid shared housing agreement. There is no misuse of funds in this example.
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.526 Expanded temporary homeless assistance for CalWORKs applicants that are fleeing domestic abuse
CalWORKs applicants who are apparently eligible pursuant to Section 40-129.11 and actively fleeing domestic abuse may be eligible for up to 32 cumulative days of temporary homeless assistance payments. These benefits are in addition to any temporary and permanent homeless assistance benefits the family may be eligible to receive under Section 44-211.51 and Section 44-211.541(b).
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STANDARDS OF ASSISTANCE
CalWORKs applicants that are fleeing domestic abuse and applying for homeless assistance shall be informed that these 32 days of temporary homeless assistance benefits are limited to two periods of not more than 16 cumulative calendar days each and only available once in a lifetime to CalWORKs applicants that are actively fleeing past or present domestic abuse. If a family has utilized all 32 days of benefits, they will have exhausted their once-in-a lifetime benefit for expanded temporary HA for applicants that are fleeing domestic abuse.
(a) In addition to being apparently eligible for aid, the applicant must:
(1) Sign a sworn statement on the CW 42, (rev. 9/23), which is hereby incorporated by reference, that they are actively fleeing past or present domestic abuse.
(A) This sworn statement is sufficient verification that the applicant is homeless.
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(i) Example: A parent and their children apply for CalWORKs and homeless assistance. The parent signs a sworn statement that they are fleeing their abuser. The county determines that they are homeless without further verification, despite the fact that they have not yet spent a night unsheltered. The county issues their first 16 days of expanded temporary homeless assistance payments the same day they applied.
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STANDARDS OF ASSISTANCE
(b) Income and assets that are attributable to the abuser shall be disregarded when determining eligibility for expanded temporary homeless assistance.
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(1) Example: A parent applies for aid for themselves and their children and signs a sworn statement that they are fleeing domestic abuse by their partner. They report that their partner has income and a bank account in the partner’s name and that the parent applying for aid does not have access to these assets. The partner’s income and assets shall be disregarded when determining eligibility for expanded temporary homeless assistance. The partner’s resources should also be disregarded when determining apparent eligibility for CalWORKs cash aid.
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(c) The 32 days of expanded temporary homeless assistance for applicants fleeing domestic abuse shall be available in two 16-day increments. However, fewer than 16 days at a time may be issued upon request.
(1) The first issuance of temporary homelessness assistance shall be granted the same working day the applicant applies for benefits.
(2) The 32 days of expanded temporary homeless assistance payments do not need to be used consecutively and may be issued for different instances of homelessness when, at the time of the request for additional days, the family is eligible for CalWORKs homeless assistance and establishes that they are fleeing domestic abuse.
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(A) Example: On March 20th a family applies for CalWORKs and receives 16 days of expanded temporary homeless assistance for applicants fleeing domestic abuse through April 4th. On April 5th, after utilizing the 16 days of temporary shelter, the applicant returns to their prior residence before receiving the second issuance of 16 days. The applicant family returns on April 12th and requests the second issuance of 16 days. Upon eligibility verification, the family is granted the second issuance of 16 days. This counts as full utilization of this once-in-a-lifetime benefit.
(B) Example: On March 20th a family applies for CalWORKs and is approved for expanded temporary homeless assistance. The family requests, and the county issues, 16 days of expanded temporary homeless assistance. Two years later, the family returns to the county saying they are fleeing domestic violence and experiencing homelessness and are issued five days of expanded temporary homeless assistance from the second set of 16 days. The family is able to find permanent housing but returns a year later because they are fleeing domestic violence and experiencing homelessness again. The county determines the family is still eligible for CalWORKs homeless assistance benefits and may issue the remaining 11 days of expanded temporary homeless assistance to the family, at which point the family has utilized this once-in-a-lifetime benefit.
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(3) The two 16-day increments of expanded temporary homeless assistance do not need to be used consecutively. However, if the two 16-day increments are requested consecutively, the second 16-day period shall be issued on the last business day before the first 16 days have been exhausted.
(A) If the CalWORKs application has been approved prior to issuing the second 16-day payment, the AU will still receive the second 16 days of expanded temporary homeless assistance for applicants fleeing domestic abuse.
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Example: A family applies for aid and signs a sworn statement that they are fleeing past or present domestic abuse. The county determines them eligible for expanded temporary homeless assistance for applicants fleeing domestic abuse and issues them 16 days' worth of benefits. On day 14, the family's CalWORKs application is approved. The AU, now a CalWORKs recipient, is still eligible for the expanded temporary homeless assistance for applicants fleeing domestic abuse.
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(B) If the CalWORKs application has been denied, the family will not receive the second 16 days of expanded temporary homeless assistance for applicants fleeing domestic abuse. The family may receive the second set of 16 days if they later reapply and are found eligible pursuant to Section 44-211.526. If the family receives all 32 days, this counts as full utilization of the once-in-a-lifetime benefit.
(4) If the applicant does not provide verification that they spent the first 16 days on shelter at a commercial establishment, shelter, publicly funded transitional housing, or from a person or establishment with whom they have a valid lease, sublease, or shared housing agreement, as required by Section 44-211.525, the remaining 16 days shall be issued as a restricted payment.
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See Section 44-211.517(b) for more information about restricted payments.
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(d) Applicants receiving expanded temporary homeless assistance for applicants fleeing domestic abuse do not need to show proof of a daily search for permanent housing.
(1) Once the county issues an immediate need payment or issues CalWORKs benefits for the month of application, then the family must show proof of the daily search for permanent housing as required under Section 44-211.523(f)(3).
(e) If the CalWORKs application is denied, the expanded temporary homeless assistance benefits that were issued to the applicant family will not be assessed as an overpayment, provided the family was apparently eligible at the time that they received these benefits.
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(f) See Section 44-211.544, which mandates that a county shall immediately inform these victims of domestic abuse of the availability of domestic violence counseling and services and shall refer the victim to services upon request.
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.53 Permanent Housing
The permanent housing payment is available once every 12 months, with exceptions (see Section 44-211.541), to assist homeless recipient AUs in obtaining or retaining permanent housing.
.531 Permanent housing payments are available to:
(a) Help homeless families secure a permanent residence; or
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(b) Pay up to two months of rent arrearages if these payments are a reasonable condition of preventing eviction. Each month of the rent arrearage payment shall not exceed 80 percent of the Total Monthly Household Income (TMHI), as defined in Section 44-211.534(b) and without special needs.
.532 A nonrecurring special need payment for permanent housing assistance to secure a permanent residence shall be made only to AUs presenting evidence that the AU has found permanent housing which does not rent for more than 80 percent of the AU's TMHI, without special needs, for an AU of that size.
(a) If the CWD determines that an AU intends to share housing costs, and the AU's share of the total housing costs does not exceed 80 percent of its TMHI, Section 44-211.532 above shall not apply.
(b) Shared housing includes, but is not limited to, the following:
(1) Two or more AUs residing together;
(2) SSI/SSP recipient(s) residing with CalWORKs recipient(s);
(3) An AU residing with unaided person(s) providing that the AU's share does not exceed 80 percent of the TMHI.
.533 A nonrecurring special need payment for Permanent Housing Assistance to prevent eviction shall be made to AU's when payment of arrearages will prevent the AU from being evicted.
(a) In order to be eligible for Permanent HA arrearage payments, the AU must also submit a completed sworn statement on the CW 42, (rev. 9/23), which is hereby incorporated by reference, that the arrearage payments would prevent eviction.
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(b) The county shall pay up to two months of an AU's rent arrearage, provided each month's arrearage amount does not exceed 80 percent of the AU's TMHI without special needs.
(c) If the CWD determines that the AU that is being evicted has been sharing housing costs as described in 44-211.532(b), the county shall pay only the eligible AU's share of the rent arrearages.
(d) The CWD must ensure that payment of the Permanent HA arrearages in a shared housing situation will prevent eviction. If making these arrearage payments would not prevent eviction the CWD shall not approve permanent HA arrearage payments.
.534 Definitions
(a) "Income" means current and reasonably anticipated income, as defined in Section 44-101, to be counted towards the TMHI which includes gross earned and unearned income, including the CalWORKs computed grant, or Supplemental Security Income (SSI) and State Supplementary Payment (SSP). An AU's CalWORKs Special Need payments and CalFresh benefits do not count as income and are not included in the TMHI.
(b) "Total Monthly Household Income" means income that can be used to determine eligibility for Permanent HA. Counties must count the income of the AU members and of any other persons whose income is currently used in calculating the AU's grant, including but not limited to sanctioned and penalized household members and persons who are excluded by law due to their undocumented non-citizen or fleeing felon status.
(1) When an AU has asked to add a new person to their AU mid-period, any income of that person shall be included in the TMHI used to determine eligibility for and amount of Permanent HA, regardless of when the county will be increasing the AU size as a result of adding the new person.
(2) If the AU has reported that an AU member has left the home mid-period, and that person's income will no longer be available to help the AU pay rent, that person's income shall not be included as part of the AU's TMHI for Permanent HA.
(3) If an SSI/SSP recipient living in the home contributes toward the monthly rent, the family's total monthly rent amount to which the 80 percent standard is applied shall be reduced by the amount contributed by the SSI/SSP recipient.
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(c) "Valid shared housing agreement" means that there is a written agreement between the AU and another person(s) stating that the parties will be sharing housing.
(1) Short-term shared housing agreements must include the name of the person the AU is sharing housing with, the address where they are staying, the dates they are staying there, and the amount being charged per night.
(2) Long-term shared housing agreements must include the name of the person the AU is sharing housing with, the address where they will be living, the move in date, and the amount of monthly rent being charged to the AU. If the person providing the shared housing is not the legal owner or landlord, the shared housing agreement should be accompanied by the rental agreement between the owner/landlord and the current tenant.
.535 Permanent housing assistance is available to pay for the costs of security deposits when the deposits are a condition of securing a permanent residence.
(a) Security deposits include last month's rent and any legal payment, fee, deposit or charge that is required by a landlord as a condition of assuming occupancy.
(b) That portion of the security deposit payment reserved by a landlord for last month's rent shall not exceed 80 percent of the AU's TMHI, without special needs, for an AU of that size. This limit does not apply to any portion of the security deposit payment that is reserved for other purposes as described in Section 44-211.535(a).
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The county may not deny a request, or the amount requested, for a security deposit to secure a permanent residence based on a determination that the requested amount is unreasonable.
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(c) In order for the homeless assistance program to be available to meet the cost of security deposits, the recipient must pay the permanent housing assistance to a person or establishment with whom the AU has a valid lease, sublease, or shared housing agreement.
(d) The recipient shall provide verification within 30 calendar days of having received the permanent housing assistance payment of:
(1) The amount expended for permanent housing.
(2) The payment of the permanent housing assistance to a person or establishment with whom the AU has a valid lease, sublease, or shared housing agreement.
(e) Should the recipient fail to provide verification, the county shall make a determination as to whether the payment was used for permanent housing rented from a person or establishment with whom the AU has a valid lease, sublease, or shared housing agreement.
(1) A determination that the payment was not used for permanent housing or not used to pay a person or establishment with whom the AU has a valid lease, sublease or shared housing agreement shall result in a determination that mismanagement of funds exists for any future security deposit or utility payment associated with the same incident of homelessness.
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.536 The payment for permanent housing costs may include the actual costs of utility deposits in addition to the amount allowable for security deposits described in MPP 44-211.535.
(a) The payment shall cover deposits (turn-on-fees) required for gas, electricity and/or water.
(b) The payment shall not include the costs of overdue utility bills.
.537 The county has one working day from the time the recipient provides the following information to issue or deny a payment for permanent housing assistance:
(a) A written rental agreement (i.e., a valid lease, sublease, or shared housing agreement) which demonstrates the landlord's intent to rent to the AU at a cost which does not exceed 80 percent of the AU's TMHI.
(1) If the county questions the validity of the rental agreement, or a rental agreement cannot be provided, the county shall verify that a rental agreement has been made by directly contacting the landlord or by some other means.
(2) If the county cannot directly contact the landlord, or verify by some other means that a rental agreement has been made, then the recipient must complete and sign a statement under penalty of perjury which includes the following information:
(A) A statement of liability for providing false information.
(B) Name and phone number of landlord.
(C) Location of rental.
(D) Terms of rental.
(E) Dollar amount of deposits and rent.
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(b) Information necessary for the CWD to establish eligibility for CalWORKs.
(c) When applicable, verification of the exception to the once every 12-month homeless assistance benefit (see Section 44-211.541).
.538 Any refund of permanent housing assistance shall be returned to the participant.
.539 The payment for permanent housing costs is not available to assist recipients to return to their most recent former residence unless there are unusual circumstances beyond the recipient's control.
(a) For purposes of this section, a most recent former residence is the house or the same unit in a duplex or apartment complex in which the recipient lived just prior to being determined homeless.
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EXAMPLE:
A family left its residence in Shasta County in order to take advantage of a job opportunity in Los Angeles. When they arrived in Los Angeles, the job was no longer available. The family returned to Shasta County and was homeless. Their former residence was available to rent, so they requested a permanent housing payment to move into their former residence. Their request should be granted due to unusual circumstances which prompted their return to Shasta County.
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.54 Homeless Exceptions
.541 Temporary and permanent housing assistance payments are each limited to once every 12 months with the following exceptions:
(a) Whenever a state or federally declared disaster is the direct and primary cause of homelessness. Payments are limited to a maximum of 16 days of temporary shelter and one payment of permanent housing assistance per state or federally declared disaster.
(b) Limited to a maximum of 16 days of temporary shelter and one payment of permanent housing assistance in 12 months (see Section 44-211.513(b)(2)) when homelessness is the result of any of the following exceptions:
(1) Domestic violence by a spouse, partner, roommate, or
(2) Uninhabitability of the former residence caused by sudden and unusual circumstances beyond the applicant/recipient's control which includes, but is not limited to, fire, natural catastrophe, or condemnation, or
(3) A medically verified physical or mental illness, excluding alcoholism, drug addiction or psychological stress.
(c) Expanded temporary homeless assistance for applicants who are fleeing domestic abuse (per Section 44-211.526) are available once in a lifetime and do not count against the limits described in section (b) above.
.542 The AU shall provide verification of the exceptional circumstance(s), described in Section 44-211.541 (a) and (b), which resulted in the AU's homelessness. A recipient shall verify that their homelessness is a direct result of the circumstances described in Section 44-211.541(a) or (b) via a completed and signed sworn statement on the CW 42, (rev. 9/23), which is hereby incorporated by reference. The circumstances listed under Section 44-211.541(b), shall be verified through a third-party governmental or private health and human services agency, except that domestic violence circumstances may also be verified by sworn statement as provided in Section 44-211.543.
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(a) A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph a second time in a 24-month period shall participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits.
(b) Examples of verification for the exceptions specified in Section 44211.541(b) include the following:
(1) Domestic violence - copies of records or reports from police departments; medical facilities; battered women's shelters signed by an administrator, counselor or designated staff member; and Adult and Child Protective Services, Family Services Bureau, Crisis Counseling Services agencies. These types of third party verifications are acceptable when the county has determined that a sworn statement by the victim is not credible.
(2) Physical or mental illness - medical verification from the appropriate treating physician, state certified nurse, nurse practitioner, physician's assistant, therapist, psychologist, licensed counselor, medical or clinical personnel with access to the patient's records who can verify the diagnosis.
(3) Uninhabitability of the residence - written statements or copies of reports from police departments, fire departments, the Red Cross, health department or any other agencies authorized to verify uninhabitability of the former residence.
(c) Example: An AU applies for homeless assistance, under
the exception of a mental condition. The AU was able to provide proof of the mental condition from a psychologist. The AU also completes a sworn statement on the CW 42 that they are homeless, and their homelessness is a direct result of their verified mental condition. Based on the completed sworn statement on the CW 42 and the verification provided by the AU, the county determines that the AU is eligible for homeless assistance due to the mental illness exception.
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.543 Sworn statement on the CW 42, (rev. 9/23), which is hereby incorporated by reference, by a victim of past or present domestic abuse shall be sufficient to verify the AU meets a domestic violence exception unless the county documents in writing an independent and reasonable basis to find the applicant or recipient not credible, in accordance with domestic abuse regulations found at Section 42 715.12.
(a) A sworn statement by the victim shall be acceptable verification to meet an exception for up to two periods of temporary and two payments of permanent homeless assistance.
(b) If the county establishes the applicant or recipient is not credible, the county shall obtain third party verification of domestic violence pursuant to Section 44-542(b)(1).
.544 A county shall immediately inform the victim who verifies domestic violence with a sworn statement of the availability of domestic violence counseling and services, and shall refer the victim to services upon request.
.545 A county may require an applicant/recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan.
(a) If a county requires an applicant/recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan, the plan shall include the provision of domestic violence services, if appropriate.
(b) If an applicant/recipient seeking an exception for homeless assistance based on domestic violence has previously received homeless avoidance service based on domestic violence, the county shall review whether services were offered to the applicant/recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.
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.6 Pregnancy Special Needs
.61 In addition to the basic grant, a pregnancy special needs payment shall be authorized for all eligible pregnant persons during any stage of their pregnancy, subject to the conditions in Sections 44-211.62, .63, .64, and .65.
.62 Eligible Applicants
.621 A pregnant person, as defined in Section 80-301(p)(3), with no eligible children who has applied for CalWORKs at any stage during their pregnancy, and who is eligible to receive CalWORKs, is entitled to receive the pregnancy special needs payment effective the month that medical verification of pregnancy has been provided. If medical verification of pregnancy is not readily available at the time of application for aid, a sworn statement or verbal attestation may be provided in accordance with Section 44-211.64.
.622 A pregnant person, as defined in Section 80-301(p)(3), who has applied for CalWORKs as part of an AU with other eligible persons, shall receive the pregnancy special needs payment effective the month that medical verification of pregnancy has been provided. If medical verification of pregnancy is not readily available at the time of application, a sworn statement or verbal attestation may be provided in accordance with Section 44-211.64.
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.63 Eligible Recipients
(SAR) .631 A pregnant person as defined in Section 80-301(p)(3) is eligible for pregnancy special needs payment. The pregnancy special needs payment for a pregnant person who is receiving CalWORKs in an AU with eligible persons shall be granted from the month of the request continuing through the end of the semi-annual period in which the child is expected to be born. If the birth of the child is voluntarily reported mid-period, the pregnancy special needs payment shall be discontinued at the end of the month prior to the newborn being added to the AU, once required verification has been provided. (See Section 44-318.15 (SAR).
(AR/CO) A pregnant person as defined in Section 80-301(p)(3) is eligible for pregnancy special needs payment. The pregnancy special needs payment for a pregnant person who is receiving CalWORKs in an AU shall be granted from the month of the request through the duration of the pregnancy. The birth of a child shall be reported verbally or in writing within ten (10) days to the county, and the pregnancy special needs payment shall be discontinued at the end of the month prior to the month in which the newborn is added into the AU once required verification has been provided (See Section 44-316.321(f)(AR/CO) and 44 318.15)(AR/CO)).
.632 The recipient is only required to verify pregnancy initially (when the pregnancy is reported) and when the pregnancy continues beyond the originally estimated date of birth.
.64 Verification Requirements
.641 Pregnant persons may verify their pregnancy upon their request for pregnancy special needs by immediately providing medical verification of pregnancy pursuant to Section 80-301(m)(3). Pregnant persons who are unable to provide medical verification may provide a sworn statement, signed under penalty of perjury, to temporarily satisfy the verification requirement.
.642 If the pregnant person is unable to provide a sworn statement, a verbal attestation shall be accepted to temporarily satisfy the verification requirement.
.643 Pregnant persons who provide a sworn statement or verbal attestation must provide medical verification of pregnancy within 30 working days following submission of the sworn statement or verbal attestation.
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.644 If the pregnant person fails to submit medical verification within 30 working days, the pregnancy special needs payment shall discontinue at the end of the month, following the month in which the end of pregnancy was reported with timely and adequate notice, unless there is evidence of a good-faith effort to obtain and provide the verification (see Section 40-126.331 for what constitutes a good-faith effort and Section 22-072.1 for timely and adequate notice).
.645 If the pregnant person provides a medical verification after the pregnancy special need payment has been discontinued for no evidence of a good faith effort to obtain verification, the CWD shall resume the pregnancy special needs payment effective the month in which the medical verification of pregnancy is provided.
.646 If the pregnant person fails to comply with the requirements described in subsection .644, overpayments shall be established for any subsequently aided months in which the pregnant person failed to provide the medical verification of pregnancy.
.65 Reporting Requirements
.651 The pregnant person must report to the CWD within 30 days, verbally or in writing, if the pregnancy ends prior to the expected delivery date, not resulting in the live birth of a child.
.652 The pregnancy special needs payment shall discontinue at the end of the month following the month in which the pregnant person reports the end of their pregnancy, not resulting in the live birth of a child.
.653 Prior to discontinuing the pregnancy special needs, CWDs shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.
.66 A pregnancy special needs payment is $100 per month.
NOTE: Authority cited: Sections 10553, 10554, 10604, 11209, and 11450 (f) and (g), Welfare and Institutions Code. Reference: Sections 11056, 11155.2(a), 11251.3, 11265.1, 11265.2, 11265.3, 11266(a)(2), 11271, 11272, 11273, and 11273(b), 11450, 11450.5, 11452.018(a), and 11453.2, Welfare and Institutions Code; 45 CFR 206.10(a)(1)(ii), 45 CFR 206.10(a)(8), 45 CFR 233.10(a)(1)(iv), 45 CFR 233.20(a)(2)(v)(A), 45 CFR 234.11, 45 CFR 234.60; and 42 USC, Section 606(b).
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