ACCESS TO VICTIM SERVICES

INCOME LOSS APPLICATION GUIDE 

A guide for Survivors and Advocates Navigating the CalVCB Process

Under AB 629, human trafficking survivors who were victims of labor trafficking and/or commercial sexual exploitation are eligible to apply for income loss benefits through the California Victim Compensation Board. Eligible applicants must provide documentation that demonstrates they were trafficked and that they experienced income loss directly due to their victimization. Evidence can include police reports, court documents, affidavits, or statements from case workers confirming the survivor’s circumstances.

When to Apply: 

Applications must generally be filed within seven years of the date of the crime or the date the crime was discovered. For applicants who were minors at the time of the trafficking, the seven-year timeline begins after they turn 21, allowing them until their 28th birthday to apply.

A Completed Application Will Need to Include: 

• Application for Crime Victim Compensation (Visit the CalVCB Website to Apply Online) 
• Human Trafficking Wage Compensation Verification Form
• Proof of Victimization: Police Report OR Declaration from Human Trafficking Case Worker
• Proof of Income Loss (May include, but not limited to): Statement Under Penalty of Perjury from the survivor, a human trafficking case worker, an attorney, or a witness who can

1. 1. Describe the dates in which the dates of the trafficking commenced and ended;
   2. Approximate hours worked per week; and 
   3. Whether reimbursement was or will be received from any other sources.   

We have included template materials to help facilitate the process of applying to CalVCB and meet the requirements under AB 629. To make it easier, we’ve highlighted the specific information you need to fill out, ensuring a smoother and more efficient application process.

• Cover Letter
• Human Trafficking Case Worker Declaration 
• Applicant Declaration
• Completed Application (Sample)

TRAINING VIDEO

Download Presentation Slides

This training video offers step-by-step guidance on how to apply for income loss compensation through CalVCB under AB 629. It walks through the required forms, supporting documentation, and common questions. Whether you're a survivor or someone supporting an applicant, this video helps you understand the process.

UNDERSTANDING THE TIMELINE

The process of applying for compensation through CalVCB can take time, and the exact timeline can vary based on the type of benefit requested and whether CalVCB needs additional documentation or clarification.

Here’s a general breakdown of the application timeline for income loss based on guidance from CalVCB representatives:

• Receipt Notice (Confirmation of Application Received): 30–60 days after submission

• Victim Eligibility Determination: 60–90 days after receipt

• Income Loss Review:

  • Up to 150 days for the claim to be assigned to an analyst

  • Up to 120 days for the analyst to review and approve or deny the claim

• Payment Processing: Once approved, CalVCB forwards the payment request to the California State Controller’s Office, and a summary letter is sent to the applicant. In most cases, checks arrive within a week of the summary.

Please note that timelines may extend if CalVCB requests additional evidence or clarification. Survivors or advocates can call CalVCB directly for a status update. If the application was submitted online, status updates can also be checked through the CalVCB online portal.

COMMON REASONS APPLICATIONS ARE DELAYED

CalVCB applications can sometimes take longer than expected. Delays do not necessarily mean a claim will be denied.

Some common reasons for delays include:

• Missing signatures or incomplete forms
• Requests for additional documentation or clarification
• Inconsistent dates or information across documents
• Delays in assigning the claim to an analyst
• High application volume or processing backlogs

CalVCB also follows internal processing timelines for different stages of the application. If a claim is still within those timelines, CalVCB representatives may advise survivors or advocates to continue waiting and call back at a later date. If a claim has gone beyond the expected processing timeline, the matter may be escalated to a supervisor for further review.

Survivors and advocates should regularly check their mail, email, and voicemail for requests from CalVCB. Responding quickly to requests for information may help avoid additional delays.

If an address or phone number changes while the application is pending, survivors should notify CalVCB as soon as possible.

RECEIVING PAYMENT

Once approved, payments are typically issued through the California State Controller’s Office and mailed to the address associated with the application.

Because some survivors may experience unstable housing, frequent moves, or concerns about stolen mail, it is important to notify CalVCB as soon as possible if an address changes while an application is pending.

If a survivor submitted the application on their own, they should contact CalVCB directly to update any address or contact information changes.

If a survivor is working with an attorney, advocate, or service provider, they should remain in communication regarding any changes to their address or contact information so updates can be shared with CalVCB as needed.

In some situations, service providers and survivors may wish to discuss whether using an office address for mailing purposes is the safest or most reliable option. For some survivors, this may also provide an additional level of privacy or confidentiality.

Because payments are typically mailed by check, survivors and advocates may also wish to engage in safety planning around how funds will be received, stored, or accessed, particularly if there are ongoing safety concerns or fear of contact from a trafficker.

HOW INCOME LOSS IS CALCULATED

Under AB 629, CalVCB may compensate survivors of human trafficking for income lost due to their exploitation and deprivation of liberty.

In many cases, survivors may not have traditional pay stubs or employment records. Instead, CalVCB can use declarations and other supporting evidence to estimate income loss based on:

• The approximate dates the trafficking began and ended
• Approximate hours worked per week
• The minimum wage in effect during the time of the trafficking
• Whether compensation was received from any other source

For human trafficking claims, CalVCB generally calculates income loss using California minimum wage rates at the time the trafficking occurred, for up to 40 hours per week.

Although some survivors may have been forced to work significantly more than 40 hours per week, CalVCB currently does not compensate for overtime hours when calculating income loss under AB 629.

Current limits under the law allow:

• Up to $10,000 per year
• Up to 2 years of income loss
• Up to $20,000 total compensation

Because every case is different, the final amount awarded may vary depending on the documentation provided and CalVCB’s review of the application.

Example:

If a survivor was trafficked for one year and worked approximately 40 hours per week during a time when minimum wage was $12/hour, CalVCB may use that wage rate to estimate income loss, subject to statutory caps and eligibility requirements.

IF A CLAIM IS DENIED

If CalVCB denies all or part of a claim, survivors have the right to appeal the decision.

Generally, applicants have 45 days from the date of the denial letter to request an appeal or hearing. Survivors may submit additional documentation, declarations, or other supporting information during the appeal process.

Because the appeal timeline is short, survivors are encouraged to contact an advocate or attorney as soon as possible after receiving a denial notice.

 SUPPORTING SURVIVORS WHILE THEY WAIT

For many survivors, the compensation they receive through CalVCB may be one of the largest single payments they’ve ever received or the first substantial income in a long time. This can be both empowering and overwhelming.

While waiting for approval, advocates can support survivors by helping them prepare for the arrival of these funds. This may include:

• Talking through basic budgeting, savings, or priority spending needs

• Connecting survivors with local financial literacy programs (some are offered by banks or community organizations)

• Helping them identify safe, low-cost financial institutions if they do not already have a bank account

• Discussing possible uses of the funds such as education, transportation, housing stability, or savings

We’ve included a financial planning guide below that can be used as a tool to sit down and walk through with survivors. It’s designed to be simple, empowering, and flexible depending on the survivor’s needs.

• Download Guide (English, Spanish) 

ANSWERS TO COMMON CONCERNS

Survivors and their advocates often have important questions about how applying for CalVCB benefits might impact other areas of their lives. Below are clarifications on three of the most common concerns:

Immigration Status

You do not need to be a U.S. citizen or have lawful immigration status to apply for CalVCB. The application does not ask for immigration status, and immigration status is not a factor in determining eligibility. Survivors should feel safe applying regardless of their current status.

Confidentiality and Immigration Concerns

Many immigrant survivors have concerns about whether information shared with CalVCB could be released to immigration authorities.

At this time, CalVCB does not require applicants to have lawful immigration status to qualify for benefits, and immigration status is not part of the eligibility determination process. Based on information currently available and what advocates have been told by CalVCB representatives, the program is not intended to share survivor information with immigration enforcement agencies as part of the application process.

However, because CalVCB receives some federal funding, survivors and advocates should understand that policies and practices related to confidentiality and information sharing could change over time.

Survivors who have concerns about their specific situation may wish to speak with an attorney or trusted advocate before applying. 

Confidentiality of Records

Many survivors have concerns about who can access information submitted to CalVCB.

Information submitted as part of a CalVCB application is generally treated as confidential and used to determine eligibility for victim compensation benefits. However, there may be limited circumstances where records could be requested or reviewed through legal processes such as court orders, subpoenas, or other proceedings.

Survivors who have concerns about confidentiality, ongoing criminal cases, immigration matters, or civil litigation may wish to speak with an attorney or advocate before submitting sensitive information.

Taxable Income

CalVCB compensation is not considered taxable income under both federal and California law. Survivors do not need to report these benefits on their state or federal tax returns. This includes compensation for income loss, therapy, relocation, and other approved expenses.

• California: Assembly Bill 2979 (2024) amended California’s Revenue and Taxation Code to expressly exclude CalVCB payments from state gross income. The bill states that “any amount received as a victim compensation or a Good Samaritan payment... shall not be included in gross income.” The law applies retroactively to the beginning of the 2024 tax year.

Overtime 

Under current CalVCB regulations for human trafficking income loss claims, compensation is generally calculated using minimum wage for up to 40 hours per week. Although many survivors were forced to work far more than 40 hours weekly, overtime hours are not currently included in the income loss calculation under AB 629.

Impact to Public Benefits

CalVCB compensation should not impact eligibility for public benefits such as Medi-Cal, CalFresh (food stamps), or CalWORKs. However, survivors may be asked to notify their local Department of Public Social Services (DPSS) about any compensation received. Some counties may request a form verifying that the funds came from a victim compensation program and are not counted as income or assets. Survivors should check with their local DPSS office to confirm what’s required in their case.

Timing of the Application

Generally, applications to CalVCB must be filed within seven years of the crime or the date it was discovered (Government Code § 13953). However, survivors may still qualify for benefits if they can show “good cause” for the delay. However, survivors may still qualify for compensation if they can show “good cause” for filing late. CalVCB has discretion to accept a late application when good cause exists.

Under California Code of Regulations, title 2, section 649.9, CalVCB may consider the following factors when determining good cause:

• Emotional, psychological, or developmental conditions that affected the applicant’s ability to file
• Barriers to reporting the crime
• Delayed discovery of the injury

Survivors who believe they may qualify for a late exception should:

• Complete a Late Filing Consideration Form, and
• Submit a written statement explaining the reason for the delay

Each request is reviewed individually, and CalVCB will make a determination based on the circumstances and supporting documentation provided.

WHERE TO GET HELP

Free, Local Help with Your Application:

Survivors of human trafficking can contact organizations funded by the California Governor’s Office of Emergency Services (CalOES) under the Human Trafficking Victim Assistance (HV) Program for help applying for income loss benefits through CalVCB. These organizations are trained to support survivors and can guide them through the application process. They may also be able to provide the case worker declaration required for their application. 

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