PD 23-25: ORR Waivers and Flexibilities Applicable to RCA, RSS, SOR and TCVAP Cash Assistance
| Date: | 8/31/2023 |
| To: | DEBS |
| From: | Romelia Cuellar, SSA BPIS |
| Reference: | References Program Directive 2022-4, ACWDL issued 7/14/23, 11/17/22, 3/3/22 and ORR Policy Letter 22-16 |
Background
The California Department of Social Services (CDSS) and the Office of Refugee Resettlement (ORR) had issued guidance due to COVID-19 for waivers and flexibilities when determining eligibility and participation in employment services for Refugee Cash Assistance (RCA), Refugee Support Services (RSS) and RSS set aside programs, such as Services to Older Refugees (SOR). Because Entrant Cash Assistance (ECA) and the state-funded Trafficking and Crime Victims Assistance Program (TCVAP) follow the program rules of RCA, these waivers and flexibilities apply to these two programs as well.
While the COVID-19 waivers and flexibilities have ended, certain waivers and flexibilities will continue due to the ongoing influx of ORR-eligible individuals, including newly eligible groups, arriving to the United States within a short time frame. Qualified ORR populations will be able to receive critical assistance and services under these waivers and flexibilities.
Change
The following waivers and flexibilities will expire without further notice on September 30, 2023. Once all flexibilities and guidance have expired all requirements modified shall be reinstated unless the waiver/flexibilities are further extended by the CDSS.
Eligibility Determinations for ORR Benefits and Services
Staff may confirm an applicant’s eligibility through a database or other electronic means without first checking documentation to confirm the applicants’ status if they are unable to meet in person with the applicants due to the impact of arrivals, including the space for face-to-face meetings. The process of determining eligibility may be conducted over the phone.
Staff may ask the applicant for a written declaration, under penalty of perjury, containing the applicant's name, date of birth, alien registration number, immigration status or category, date of entry, and most recent address. If a written declaration is not possible given the circumstances, a verbal declaration must be supported by a written declaration as soon as possible. The eligibility worker may determine that the applicant is eligible for ORR benefits and services if the declaration shows that the applicant falls within a status or category that confers eligibility for ORR benefits and services. Within 90 days of making a written or verbal declaration, applicants must provide proof of their immigration status.
RCA Eligibility Determinations and Conditions for Receipt
Interim RCA Payments
An eligibility determination for CalWORKs prior to providing RCA benefits is required. However, the ORR has waived that requirement when approvals are pending or delayed to the influx of the new arrivals.
The influx-related delays may include the inability to apply for or receive Social Security Numbers (SSN) due to office closures and/or restrictions (e.g., the online Social Security Administration system will not process certain social security applications, in-person appointments are limited, or backlogs/waitlists occur resulting from the high number of applicants). Entries must be documented in the Journal Detail page describing the specific influx-related issue(s) preventing a CalWORKs eligibility determination.
Prior to issuing interim RCA payments, staff should ensure recipients understand that if they are later approved for and receive retroactive payments CalWORKs payments, the RCA payments issued must be recouped to prevent dual federal benefits. Upon the removal of a barrier that caused delay or wrongful denial, CalWORKs eligibility should be redetermined for clients categorically eligible for those benefits and services. The RCA program must be discontinued if a client is subsequently approved for CalWORKs prior to the expiration of RCA eligibility.
Employment Services Participation
RCA recipients must be enrolled in and referred for employment services within 30 days after the issuance of benefits except for having shown good cause. To facilitate this compliance, the use of virtual (e.g., web-based, telephonic) means to provide employment services is allowed. Virtual modes of delivery should be seen as complementary to in-person instruction and only use when doing so is in the best interest of ORR-provide eligible populations.
ECA and TCVAP Administration
Cuban and Haitian Entrant arriving to the United States receive federally funded benefits and services through the Cuban-Haitian Entrant Program (CHEP) and receive cash assistance under the Entrant Cash Assistance (ECA) Program. ESCA benefits are the same as for RCA. Therefore, ECA applicants/recipients must be provided the same flexibilities, as applicable, as RCA applicants/recipients, including verbal attestations and the use of virtual modes of delivery for employment services participation.
TCVAP eligible individuals are entitled to benefits and services to the same extent as refugees and are subject to the same requirements (outside of legal status) as RCA recipients. TCVAP applicants/recipients must be provided the same flexibilities, as applicable, as RCA applicants/recipients, including verbal attestations and the use of virtual modes of delivery of employment services. TCVAP CalWORKs recipients are not required to provide SSN.
Implementation
The information in this Program Directive are effective immediately and will end on 9/30/23.