California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - March 18, 1997
| Item 97-03-01A Errata to Previously Issued Newsletters |
As with the paraphrased regulations, the Staff Development Training Bureau (SDTB) makes all efforts to provide up to date and accurate information. Policies are checked with appropriate program staff and all newsletters are read and reread several times. Nonetheless, errors are made for a variety of reasons.
The following are corrections to previously issued newsletter items that we have found or our readers have notified us about:
96-09-02D 9/30/96
This newsletter item is entitled "AFDC-Individual With Income Added to Assistance Unit (AU) Mid-Month."
An example is given explaining how to compute the AFDC grant when the father who has income joins the AU. The word WITHOUT was omitted from the first step of the instructions although the actual computation was done correctly. The entire example is reprinted below with the corrected instruction:
Example:
Facts: A father, who received $340 net nonexempt income (NNI) in March, returns home on March 25. The county determines he meets all AFDC eligibility conditions and adds him to the four person AU, effective March 25. The AU received a $723 AFDC grant for March based on the Minimum Basic Standard of Adequate Care (MBSAC) and the Maximum Aid Payment (MAP) for a four person AU.
Solution: Use a two-step process to compute the March AFDC grant for this AU, which has four persons effective March 1 through March 24, and five persons effective March 25 through March 31:
1. First, determine the four person AU’s AFDC entitlement for the full month of March, WITHOUT using the father’s NNI received in March. Prorate this amount from the first of the month through the day before the father was added to the AU, i.e., from March 1 through March 24.
2. Next, determine what the five person’s AU AFDC entitlement would be for the full month of March, using the father’s NNI received in March. Prorate this amount from the beginning date of aid for the new AU member through the end of the month, i.e., from March 25 through March 31.
3. Add the two prorated partial month amounts together; round down to the nearer dollar. This total is the AU’s new March AFDC grant entitlement. Assess any AFDC overpayment or underpayment at this point.
Computation: The new March 1996 AFDC grant for this AU, with four members effective March 1 through March 24, and five members effective March 25 through March 31, is computed as follows:
Step #1
MBSAC for 4 $866
Minus NNI - 0
Potential AFDC grant for 4 = $866
MAP for 4 $723
Full month AFDC entitlement for 4 $723
Proration factor for 3/1 - 3/24 x.7742
Prorated AFDC entitlement for 3/1 - 3/24 = $559.74
Step #2
MBSAC for 5 $988
Minus NNI -340
Potential AFDC grant for 5 = $648
MAP for 5 $824
Full month AFDC entitlement for 5 $648
Proration factor for 3/25 - 3/31 x.2258
Prorated AFDC entitlement for 3/25 - 3/31 = $146.31
Step #3
Result from Step #1 (prorated for 3/1 - 3/24) $559.74
Result from Step #2 (prorated for 3/25 - 3/31) + 146.31
Total from Step #1 and Step #2 (rounded) = $706
Actual AFDC paid to AU $723
Actual AFDC entitlement $706
Overpayment $ 17
As a new member of the AU, the father’s entire monthly income is budgeted prospectively for March and April and retrospectively budgeted for May and June, provided it is of a continuous nature.
96-12-03D 12/24/96
This newsletter is entitled: "Decisions -- Mandatory Language if Order includes: ‘as otherwise eligible’".
While Judges are strongly advised to use the suggested language in the conclusion of cases advising claimants that they may need to supply additional information requested by the county even though the claim is granted, the Judge is not required to use the specific language stated in that newsletter. The title of item 96-12-03D thus should NOT say, MANDATORY language if order includes: "as otherwise eligible".
96-12-03E 12/24/96
This newsletter item is entitled: "AFDC Regionalized Grants -- CDSS All County Letter (ACL) 96-60 dated November 1, 1996".
A chart from CDSS ACL 96-60 was reproduced. A line was left out on that chart. The chart is again reproduced below.
Consider County A to be the former county of residence and County B to be the new county of residence. Here is a summary of situations and treatment:
| IF | AND | THEN |
| Child placed into AFDC-FC |
|
| ICT | No changes to Assistance Unit (AU) during transfer period |
|
| Application during transfer period for unaided persons who will be included in same AU |
| AU joins home with aided persons who will be included in same AU |
|
| Any AU | Homeless Assistance request |
|
96-10-1 10/23/96
This newsletter is entitled: "Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA)". Nine different subjects are discussed. The following corrections or clarifications are noted:
1. On page 1, under II HOUSEHOLD COMPOSITION, the correct regulation is MPP §63-402.142(a), not §63-502.142(a).
2. On page 2, under III CITIZENSHIP AND ALIEN STATUS, exception (5) to the general rule that permanent resident aliens are ineligible to receive Food Stamp benefits states that aliens who are veterans or persons on active duty (or their spouse or unmarried child) may still be eligible to receive Food Stamp benefits.
The exception applies to veterans or persons on active duty or their spouse or DEPENDENT child.
3. A.On page 2, under III: CITIZENSHIP AND ALIEN STATUS, B.(1), 96-19-1 says that the 40 qualifying quarters needed for a permanent resident alien to establish Food Stamp eligibility include: Those worked by a parent of an alien while the alien was under age 18.
The qualifying quarters include those worked by a parent OR A STEPPARENT of an alien while the alien was under the age 18. The stepparent must, however, have been married to the alien parent during the quarters worked to be counted as qualifying quarters.
B. On page 2, under III: CITIZENSHIP AND ALIEN STATUS, B.(2) says that the 40 qualifying quarters needed for a permanent resident alien to establish Food Stamp eligibility include: Those [quarters] worked by a spouse during the marriage if the alien remains married to the spouse and is living with spouse or if the spouse is deceased.
The permanent resident alien DOES NOT have to be living with the spouse in order to be credited with the other spouse’s quarters of work so long as there is no final decree of divorce.
96-12-02B 12/10/96
This newsletter item is entitled: "GAIN Orientation is Comparable to Food Stamp work requirements/Signing a GAIN Contract is Not".
The above quoted statement is not accurate.
In CDSS All County Letter (ACL) 95-18, the answer to question 29 on page 13 says: "The requirement to participate in GAIN appraisal is not comparable to any of the Food Stamp work requirements, including FSET participation requirements. Therefore, a Food Stamp sanction is not imposed when an individual fails to attend a GAIN appraisal. Instead, he/she loses his/her Food Stamp work registration exemption and is work registered under the Food Stamp program if not otherwise exempt".
Both GAIN orientation and signing the GAIN contract are part of the appraisal process. Therefore, the above answer in ACL 95-18 applies to them.
New regulations became effective in February 1997 that eliminated any reference in the Food Stamp program to comparability. Once the new regulations became effective, a person who receives both Temporary Assistance to Needy Families (TANF) and Food Stamp benefits, is subject to sanctions in both programs for any conduct leading to a GAIN sanction.