California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - August 2, 2004
| Item 04-08-01A Paraphrased Regulations |
This version of the paraphrased regulations provides additions and revisions to CalWORKs quarterly reporting/prospective budgeting (QR/PB) regulations. There are 49 new paraphrased regulations and 46 revised ones. There will be a QR/PB paraphrased regulation package on food stamps issued later in August.
The new CalWORKs quarterly reporting regulations are effective July 1, 2004. All 58 counties actually began implementing quarterly reporting by June 1, 2004 or earlier. Thus if there is a QR/PB issue for any time period prior to July 1, 2004, the proper authority would be All County Letter (ACL) 03-18 and the other ACLs and All County Information Notices (ACIN) on QR/PB. Those ACLs and ACINs are listed on the front page of the QR/PB outline that was issued to all judges to be used with the video training on QR/PB.
The revisions and additions to the paraphrased regulations are the following:
Renumbered
151-1A = 151-1B
Revised
| 003-13A | Requirements for establishing valid authorized representative including for incompetent claimant (22-085.1, .11, .12, .22, .221, .23) |
| 004-2 | General definition of "adequate notice"; when required (22-071.1, 22-001a.) |
| 010-4B | Under MR/RB, aid discontinued last day of month for failure to apply for or accept UIB (82-612.3) Under QR/PB aid discontinued at end of payment quarter (82.612.3 effective July 1, 2004) |
| 016-2A | Application requirements in restorations (40-125.9) |
| 021-1 | Duty to complete CA 7/QR 7 (40-181.22) |
| 026-10B | County must provide recipient with an informing notice that spells out IRT limit on an individualized basis at least once per quarter. (ACL 03-18, 03-57) |
| 050-2 | Readjustment period after deprivation ceases; no adjustment period with QR/PB (41-405.2 repealed with implementation of QR/PB) |
| 071-2A | Persons who are necessary to establish an AU (82-820) |
| 073-10A | Regulatory NOA requirements before MFG can apply; when MFG will not apply because AU has been off aid for two consecutive months (44-314.143, .31, .32; Nickols v. Saenz; ACL 00-78) |
| 109-22 | All whole or partial months in which an adult receives a cash grant count toward 60-month time limit, unless an exempt or diversion month (42-302.2) |
| 121-2 | Under MR/RB prospective and retrospective budgeting principles (44-313.1, .2 prior to QR/PB) |
| 121-3 | Under MR/RB discontinuous income not counted in third and fourth payment periods (44-313.31 prior to QR/PB) |
| 121-5 | Under MR/RB, income of person added to AU to be budgeted prospectively (44-313.41 prior to QR/PB) |
| 121-7 | Under MR/RB, suspension when ineligibility is for one month only (44-315.81 prior to QR/PB) |
| 121-8 | Under MR/RB, retrospective budgeting used following suspension unless significant change in circumstances (44-315.82, .83 prior to QR/PB) |
| 121-9 | Under MR/RB, exempt or nonexempt AU status retrospectively budgeted after beginning four months of aid (89-110.282, .283, .293 prior to QR/PB) |
| 121-11B | When income is "reasonably anticipated" so that it can be considered for eligibility and grant/allotment purposes. (ACL 03-18, 44-315.311) |
| 121-11D | Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167. (ACL 03-18, 44-315.315) |
| 122-11 | Under MR/RB, beginning date of aid for new AU member (44-318.1 prior to QR/PB) |
| 125-8 | Old rule: Financial eligibility based on estimated income (44-207.33, renumbered 44-207.23, 7/1/98; AB 1542; W&IC 11450.12; ACL 97-59) |
| 125-12 | Under MR/RB, income from person deleted from AU is not retrospectively budgeted (44-313.42 prior to QR/PB) |
| 128-5 | Exempt or nonexempt AU status retrospectively budgeted after beginning four months of aid (89-110.282, .283, .293 prior to QR/PB) Exempt or nonexempt status reasonably anticipated under QR/PB (89-110.28, .29 effective July 1, 2004) |
| 128-8 | In beginning months, AU is entitled to exempt MAP if it meets exempt qualifying conditions at any time during month (89-110.27, .28, .291 prior to QR/PB) |
| 134-5 | Right of recipient to provide evidence of actual in-kind income values (44-115.31, .32, .333) |
| 136-6 | In MR/RB, separate AU during period of ineligibility for someone who was not in AU at the time the lump-sum income was received (44-205.71 prior to QR/PB) |
| 137-2 | Income must be actually available (44-101) |
| 138-7 | First $50 per month of current child or spousal support is exempt income (44-111.47) |
| 141-4 | Applicants and recipients can choose either a 40% deduction from self-employment, or deductions allowed in the FS program (W&IC 11155.3(c); 44-113.212(a) prior to QR/PB) |
| 144-6 | In MR/RB, separate AU during period of ineligibility for someone who was not in AU at the time the lump-sum income was received (44-205.71 prior to QR/PB) |
| 145-2 | Income must be actually available (44-101) |
| 150-4 | Under MR/RB, RISP correctly computed based on reasonable estimate does not result in overpayment (44-350.17 prior to QR/PB) |
| 150-12 | Under MR/RB, no overpayment or underpayment when RISP correctly computed based on reasonable estimate of income (44-402.6 prior to QR/PB) |
| 152-2 | Calculation of excess property overpayment (44-352.11) |
| 153-2 | Limits on overpayment adjustments (W&IC 11004(c); ACL 97-66; 44-352.41, revised 7/1/98) |
| 161-2 | Under MR/RB, no underpayment when RISP correctly computed based on reasonable estimate of income (44-340.14 prior to QR/PB) |
| 163-1 | Under MR/RB, RISP correctly computed based on reasonable estimate does not result in overpayment (44-350.17 prior to QR/PB) |
| 163-2 | Under MR/RB, no underpayment when RISP correctly computed based on reasonable estimate of income (44-340.14 prior to QR/PB) |
| 163-3A | Under MR/RB, general rule as to when RISP can be issued, amount of RISP (44-401.1, .2, 44-402.1 prior to QR/PB) |
| 163-3B | Under MR/RB, net available income, for budget and payment month, defined (44-402.2 prior to QR/PB) |
| 163-5 | Under MR/RB, special needs are not to be considered as part of the grant amount for the payment month in determining the net available income for RISP purposes (44-402.211, formerly 44-402.213 prior to QR/PB) |
| 163-6 | Under MR/RB, no overpayment or underpayment when RISP correctly computed based on reasonable estimate of income (44-402.6 prior to QR/PB) |
| 163-7 | Under MR/RB, circumstances where county is required to mail the RISP Request Form (CA 40) |
| 163-7A | Under MR/RB, county is required to explain RISP procedure at annual redetermination (40-181.212 prior to QR/PB) |
| 163-8 | Under MR/RB, grant amount for RISP net available income purposes does not include grant adjustment (or child support penalty (44-402.212; formerly 44-402.214, 44-402.213 prior to QR/PB) |
| 163-9 | Under MR/RB, RISP payment can be made, even if less than $10 (44-402.3, revised 7/1/98 prior to QR/PB) |
| 173-1 | Beginning date of pregnancy special need entitlement for CalWORKs applicants and recipients under MR/RB (44-211.63, .641 prior to QR/PB) |
New
| 015-1A | Applicant responsibility to report changes in five days, recipients in ten days (40-105.13, .14) |
| 015-1C | Under QR/PB, eligibility regarding deprivation, AU composition, property and transfers determined only once per quarter on the QR 7 (40-181.1(a)(1)) |
| 026-1A | Implementation of QR/PB for CalWORKs recipients (40-036) |
| 026-1B | County duty to assign QR cycle and notify recipient of cycle (40-107(j)) |
| 026-2A | Terms used in QR/PB reporting system (40-103.5) |
| 026-4B | Duty to complete QR 7 (40-181.22) |
| 026-4C | Discontinuance for failure to submit QR 7; personal contact; rescission of discontinuance (40-181.22) |
| 026-4D | Good cause for failure to submit a QR 7 timely (40-181.23) |
| 050-2B | Under QR/PB, deprivation not evaluated mid-quarter, only based on information on QR 7 (41-405.11 effective July 1, 2004) |
| 087-12C | Under QR/PB, determination of beginning date of POI for property transfers (42-221.612) |
| 087-19A | Under QR/PB, lump sum income is property in month received. (42-221.4) |
| 088-1A | Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (42-209.2, 44-101(c) effective July 1, 2004) |
| 121-2B | Prospective budgeting under QR/PB (44-313.1, .2 effective July 1, 2004) |
| 121-5C | Under QR/PB, income of new person added to AU prospectively budgeted (44-313.41 effective July 1, 2004) |
| 121-11I | Under QR/PB, county may consider income from previous quarter to determine if income is reasonably anticipated in upcoming quarter; uncertain income not counted (44-315.312-.313) |
| 121-11J | Under QR/PB, county duty to determine if income in data month is same or different than anticipated income in QR Payment Quarter (44-315.314) |
| 121-11K | Under QR/PB, averaging reasonably anticipated income over the QR Payment Quarter (44-315.316) |
| 121-11L | Under QR/PB, county calculation of changes in grant amount for remainder of QR Payment Quarter (44-315.317) |
| 121-12 | Under QR/PB, county must act on specified changes mid-quarter (44-316.31-.33) |
| 121-13 | Under QR/PB, county must act on mid-quarter voluntary reports that increase aid, but not those that decrease aid except for voluntary request for discontinuance (44-316.31) |
| 121-13A | Under QR/PB, county must recalculate aid mid-quarter on verified decreases in income and must issue supplement (44-316.311) |
| 121-13B | Under QR/PB, county must determine eligibility mid-quarter of new person reported in home (44-316.312(a) and (b)) |
| 121-13C | Under QR/PB, beginning date of aid for new person reported in home mid-quarter (44-316.312(c)-(e)) |
| 121-13D | Under QR/PB, voluntary request for discontinuance of aid mid-quarter (44-316.313) |
| 121-14 | Under QR/PB, mandatory mid-quarter reports include drug/fleeing felons, parole violations, income in excess of IRT and address changes (44-316.321 and .322) |
| 121-14A | Under QR/PB, AU must report income in excess of the IRT at any time during the QR Payment Quarter (44-316.324(a) and (b)) |
| 121-14B | Under QR/PB, if income continues to exceed IRT, county must discontinue cash aid mid-quarter (44-316.324(c) and (d)) |
| 121-15 | Under QR/PB, county initiated mid-quarter actions listed (44-316.33) |
| 122-11A | Under QR/PB, beginning date of aid rules for new AU member (44-318.11-.16 effective July 1, 2004) |
| 125-6 | Financial eligibility test under QR/PB (44-207.21 effective July 1, 2004) |
| 125-8A | In QR/PB, once financial eligibility established, continues for quarter unless income exceeds IRT and anticipated income will exceed MAP for remainder of quarter (44-207.23 effective July 1, 2004) |
| 125-12A | Under QR/PB, income from person deleted from AU is not prospectively budgeted unless person remains in AU and has available income (44-313.42) |
| 136-18A | Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (42-209.2, 44-101(c) effective July 1, 2004) |
| 137-2A | Definition of reasonably anticipated income (44-101(c)) |
| 137-5A | Availability of income under QR/PB (44-102.1 effective 7/1/04) |
| 141-4A | Under QR/PB, applicants and recipients can choose either a 40% deduction from self-employment, or reasonably anticipated deductions allowed in the FS program (44-113.212(a) effective July 1, 2004) |
| 144-16 | Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (42-209.2, 44-101(c) effective July 1, 2004) |
| 145-2A | Definition of reasonably anticipated income (44-101(c)) |
| 145-3A | Availability of income under QR/PB (44-102.1 effective 7/1/04) |
| 150-1B | Under QR/PB, overpayment assessed even if county cannot issue 10 day notice following mandatory report (44-350.5 effective July 1, 2004) |
| 150-1C | Under QR/PB, no overpayment if reasonably anticipated income is different than actual income provided recipient report complete and accurate (44-350.6 effective July 1, 2004) |
| 150-4A | Under QR/PB, no overpayment for supplemental payment based on reasonably anticipated income if recipient report complete and accurate. (44-350.17 effective July 1, 2004) |
| 151-1A | Under QR/PB, an overpayment occurs when AU does not report income or circumstances or county fails to act on reported income or circumstances (44-352.12 effective July 1, 2004) |
| 152-2C | In QR/PB, excess property overpayments based on information that should have been reported on QR 7 (44-350.6 effective July 1, 2004) |
| 153-3A | Under QR/PB, grant adjusted at beginning of quarter (44-352.4 effective with July 1, 2004) |
| 160-1A | Underpayment calculation based on regulations at time it occurred (44-340.32 effective July 1, 2004) |
| 161-2A | Under QR/PB, mid-quarter supplement is not an underpayment (44-340.14 effective July 1, 2004) |
| 161-3A | Under QR/PB, no underpayment if recipient does not report change during quarter (44-340.33 effective July 1, 2004) |
| 173-1D | Beginning date of pregnancy special need entitlement for CalWORKs applicants and recipients under QR/PB (44-211.63, .641 effective July 1, 2004) |