Homeless Assistance Program Eligibility

[EAS 44-211.5]

The CalWORKs Homeless Assistance (HA) program was established to help Assistance Units (AUs) meet the costs of securing or maintaining permanent housing, or to provide emergency shelter. HA serves eligible CalWORKs recipients or apparently eligible CalWORKs applicants, who are homeless or at risk of homelessness.

HA benefits include:

Temporary HA (THA), which helps families pay the costs of temporary shelter, and
Permanent HA (PHA), which helps families secure permanent housing or prevent eviction.

Eligible and apparently eligible families may receive THA, PHA, or both, once every 12 months, with some exceptions.

HA is not available to RCA or Foster Care AUs. However, if the caretaker relative of a Foster Care child is receiving CalWORKs, then that individual may be eligible to receive HA if all other HA requirements are met.

HA cannot be issued once ineligibility for CalWORKs has been established.

ExampleExample A recipient is ineligible for CalWORKs for March. However, the discontinuance Notice of Action (NOA) cannot be sent timely. The 3/1/17 warrant will be an overpayment. HA was requested on 3/2/17. HA cannot be issued once ineligibility in CalWORKs has been determined.

12-Month Period

Assembly Bill (AB) 1603 repealed the once-in-a-lifetime limit placed on THA and PHA benefits. Effective January 1, 2017, HA is available once every 12 months starting from the day the first payment is issued, unless the recipient has a verifiable exception (refer to Homeless Assistance Exceptions). For each 12-month period, HA is limited to a maximum of 16 days of THA and one payment of PHA, with exceptions.

Eligible AUs may receive payments for THA and PHA for a continuous period of homelessness (an incident of homelessness) caused by the same specific circumstances until their payment is exhausted.

Example Example On 10/1/20, an AU applies for HA. They receive THA benefits for all 16 days between 10/1/20 to 11/16/20. On 12/15/20, the recipient completes the CW 42 requesting PHA benefits as she’s found permanent housing. The EW determines that the AU qualifies for the PHA benefits because the AU has been continuously homeless since 10/1/20. The AU’s instance of homelessness continues to be based on the original circumstances for which they received THA benefits, and the new housing amount is not more than 80% of the Total Monthly Household Income (TMHI). The AU’s 12-month period is from 10/1/20 (the day the first payment is issued) through 9/30/21. If otherwise eligible, on 10/1/21, the AU may receive HA again (THA, PHA, or both).

Example Example An AU receives THA on 5/1/17, but never secures permanent housing during the 12-month period. On 5/1/18, a new 12-month period begins, and the AU is still experiencing the same instance of homelessness. The AU is eligible to receive THA and/or PHA again without meeting an exception.

PHA is available to an AU regardless of whether they have received THA. To receive PHA following receipt of the THA payment, the AU must have remained continuously homeless due to the same specific circumstances for which the THA payment was issued. When an AU receives their PHA payment, the incident of homelessness has ended. Once the instance of homelessness is resolved, the AU is not eligible to HA until the next 12-month period, unless an exception is met.

Note: An AU is only eligible to receive THA following the issuance of PHA if the AU is still in need of THA before occupying permanent housing.

Example Example An AU becomes homeless on 3/1/17. They contact the EW on 3/3/17 and report that they have located permanent housing. They need help with the security deposit and the last month’s rent. The recipient completes the CW 42 applying for PHA benefits. The EW determines that the AU meets all the requirements for HA and issues the PHA payment. The AU has exhausted their benefits for the 12-month period, even though they have not received THA benefits. Unless the AU meets an exception, the AU is not eligible for THA or PHA until 3/3/18.

In a situation where the client moves in with a family member, the incidence of homelessness ends if the client moved in with the family member because it was meant to be permanent housing for the client. If the client moved in with the family member because a permanent place to stay could not be secured, and it was not intended to be a permanent move, the client continues to be eligible for the PHA payment.

Excluded parents of children in the AU (e.g., sanctioned parents or undocumented parents) who are living with their children when HA is authorized and would otherwise be mandatorily included in the AU are considered part of the AU for purposes of receipt of the 12-month period HA benefit.

Homeless Definition

An AU is considered homeless when the AU:

Lacks a fixed and regular nighttime residence, or
Has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or
Is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings (such as a hallway, bus station, lobby, or car), or
Receives a notice to pay rent or quit, or
Receives any notice that could lead to an eviction, regardless of the circumstances cited in the notice, and they are at risk of homelessness.
- Senate Bill (SB) 1083 increases the amount of time a family at risk of homelessness may have for securing permanent housing by providing access to HA prior to receipt of a formal eviction notice or three-day pay or quit notice.

Note: Once the AU meets the definition of “homeless”, the cause of the homelessness is irrelevant as a condition of eligibility to HA. If the homelessness is due to one of the exceptions, the cause for it must be verified.

Need for Housing

In order for an AU to be considered homeless, that AU must have a need for housing:

In a commercial establishment,
In a shelter,
In a publicly-funded transitional housing, or
From a person or establishment with whom the family has executed a valid lease, sublease, or shared housing agreement. The person or establishment does not have to be in the business of renting properties. However, the person renting the property must have the legal right to do so, and the renter must have the same legal protections granted to all renters in the state of California.

Example Example An AU is homeless, but states that they are only looking for a place to rent with friends, who do not have a history of renting. This AU would meet the necessary HA criteria and be eligible for HA if they provide a valid lease, sublease, or shared housing agreement, and the friends have the legal right to do so.

Example Example Mrs. Smith and her child are evicted due to nonpayment of rent or destruction of property. Provided the AU has not received HA benefits in the last 12 months, there may be eligibility for HA since this AU is homeless effective the date of the eviction notice.

Example Example Mrs. Brown states that the home she is living in has an electrical problem, so she doesn't want to live there. This AU is NOT eligible for HA since HA is not available as a means to upgrade a person's living accommodations.

Example Example Mrs. Green and one of her three children arrive in Santa Clara County for medical treatment. The AU has a home in San Joaquin County. This AU is not eligible for HA because they are not homeless, but temporarily absent from their home.

Shelter at No Cost

HA cannot be issued to an AU if the EW establishes that the AU has shelter at no cost, even if the AU meets the homeless criteria above. The application and denial must be recorded in CalSAWS, and a HA denial Notice of Action (NOA) must be issued.

THA cannot be issued for an AU who is staying free-of-charge in any private or public area, such as a publicly-funded shelter. If the AU living in a free shelter wishes to live elsewhere while seeking permanent housing, and the new shelter/housing will require payment, the EW must grant THA as long as the family is otherwise eligible for HA. However, if they wish to continue staying at the free shelter, the family is not eligible to THA because they are not incurring any costs.

If the family should locate permanent housing for which they will incur a cost, eligibility for PHA must be determined.

Example Example The AU is staying at ABC Homeless Shelter. This shelter does not charge its guests; therefore, this AU is not eligible for THA while staying at ABC. This HA request must be denied. The AU could reapply if they leave the ABC Shelter and move to a facility that charges a fee, or they locate permanent housing for which they will incur a cost.

Example Example The AU is staying in a campground at the County Fairgrounds. They must pay $7.50 per night. This AU may be eligible for THA if all other requirements are met.

Apparent Eligibility

Apparent eligibility for CalWORKs exists when information provided on the Statement of Facts (SOF) and information otherwise available to the EW indicate that there would be eligibility for CalWORKs if the information were verified.

To determine apparent eligibility for CalWORKs, the EW shall review all of the following documents:

A completed Statement of Facts - Homeless Assistance (CW 42),
A completed Initial Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs (SAWS 1), and
A completed Application for CalFresh, Cash Aid, and/or Medi-Cal/Health Care Programs (SAWS 2 Plus/SOF).

If the applicant is a minor parent, the income of the senior parent must be explored and documented. A Senior Parent Statement of Facts (CW 23) is not required until CalWORKs eligibility is cleared.

The apparently eligible AU must meet the CalWORKs technical conditions of eligibility as specified in Immediate Need Eligibility.

Information from any source may be considered.
Only THA may be issued on an apparently eligible case.

When computing the Applicant Gross Income Test and the Recipient Net Income Test (RNIT), the EW must add the HA Special Need to MBSAC and/or MAP, as appropriate, to determine the AU’s eligibility.

NOT Apparently Eligible

The following persons cannot be considered apparently CalWORKs eligible:

Non-citizen applicants who do not provide verification of their eligible non-citizen status.
Sponsored non-citizens who do not provide the income and resources of the sponsor.
An individual with no eligible children who does not provide a sworn statement of pregnancy and does not provide verification of pregnancy within 30 working days following the sworn statement.
A person who is sanctioned for any reason.

Do not grant HA for these individuals until CalWORKs eligibility is cleared.

Note: The above criteria are the same criteria as for Immediate Need payment. Refer to Immediate Need Eligibility.

Reminder: In the above situations, only the specific individuals would be ineligible for HA until CalWORKs eligibility is cleared for them. The rest of the AU may be eligible for HA, if otherwise eligible or apparently eligible for CalWORKs.

Pregnant Person Only (PPO) AU

THA is available to eligible and apparently eligible CalWORKs AUs, including a PPO AU. SB 1083 includes an applicant with no other CalWORKs eligible children who provide a sworn statement. They can initially satisfy the pregnancy verification requirement with a sworn statement or, if necessary, a verbal attestation. If the pregnant applicant fails to submit medical verification of the pregnancy within 30 working days, HA must only be issued when the pregnant person presents evidence of good faith efforts to comply with the requirement.

PHA is available to recipients of CalWORKs, including a PPO AU.

ExampleExample A PPO with no eligible child applies for aid and signs a sworn statement that they are pregnant, experiencing homelessness, and fleeing domestic abuse by their parent. If apparently eligible, the EW provides Expanded THA for Victims of Domestic Abuse on the same working day without further verification of pregnancy and issues the first 16 cumulative days' worth of benefits. The person returns on the 17th day and is still experiencing homelessness. They receive an additional lump sum payment for an additional 16 days, equaling a total of 32 days of Expanded THA payments. Medical verification of the pregnancy is not required in order to receive the additional lump sum payment for 16 additional days of Expanded THA because the 30-working-day deadline has not yet passed.

Elimination of Liquid Resource Limit

Effective August 15, 2022, per SB 1065, there is no liquid resource limit for families applying for all HA benefits. HA benefits can not be denied to families for the amount of exempt or non-exempt liquid resources they have if they are eligible for CalWORKs or apparently eligible for CalWORKs.

Elimination of Financial Hardship Criteria

Also effective August 15, 2022, SB 1065 eliminates the financial hardship criteria for eligibility for all types of HA. Families do not need to demonstrate on the CW 42 or elsewhere that a pay or quit notice is a result of financial hardship caused by extraordinary circumstances beyond the applicant’s control, nor that the family is experiencing a financial crisis that may result in homelessness if preventative assistance is not provided.

Family Services Program

Families who are at risk of homelessness and require one-time financial assistance to prevent their homelessness should be referred to the Family Stabilization Housing Assistance Program for financial assistance with their housing costs. Refer to CalWORKs Handbook Chapter 58 Family Services Program.