CalWORKs
|
Hearing Procedures |
|
|
|
|
|
|
|
001-1 All the regulations cited refer to the Manual of Policies and Procedures (MPP), unless otherwise noted
001-1A W&IC is the abbreviation for the Welfare & Institutions Code
001-1B Reference to AFDC is reference to CalWORKs program (W&IC 10063(b))
001-1C Authority to issue ACLs and other directives to implement AB No. 1542 (AB 1542 §185)
001-1D Chapter 2 (11 200-11526) of W&IC contains CalWORKs Program, which is acceptable cite for formal name of program (W&IC 11200)
001-2 Aid pending to be paid if hearing is requested prior to effective date of action (22-072.5)
001-3 Issues at hearing limited to those reasonably related to request, or those which county and claimant agree to discuss (22-049.5)
001-5 Hearing decisions must be issued in 90 days unless claimant executes waiver (22-060.1)
001-6 Official Notice (22-050.41-.44)
001-7 State hearing decision only applicable to circumstances and issues existing at the time of the county action in dispute or otherwise agreed to by the parties (22-062.4)
001-8 Department receives proposed decision when certified for review (22-061)
001-9 Authority of Director on receipt of proposed decision (22-062.1)
001-10 Decision deemed adopted if Director does not act in 30 days (22-062.2)
001-11 State hearing decision can only be appealed through rehearing or judicial review (W&IC 10960 and 10962)
001-11A Thirty days to request rehearing (22-065.1)
001-12 No further administrative appeal after rehearing; right to rehearing on rehearing if merits not decided in initial rehearing (22-065.6 revised 1/24/07)
001-12A No rehearing right on hearing request dismissed without hearing (22-065.62)
001-13 Before rehearing is granted, it may be withdrawn; but once granted, requesting party can only withdraw with permission of the Chief Judge, or a judge at hearing (22-065.8, .9)
001-14 Parties must be prepared on substantive issues unless hearing is limited to jurisdictional issue (22-049.53)
001-14A Explanation of bifurcation process to limit issue to jurisdiction (22-049.531)
002-1 Statutory authority for postponements due to inadequate notice (W&IC 10967)
002-2 Regulatory provisions when adequate and/or language-compliant notice raised at hearing (22-049.52, 22-072.1; 22-901)
003-1 Definition of “public social services” (W&IC 10051)
003-5 Hearing request shall be dismissed if sole issue is not within jurisdiction of state hearing (22-054.31)
003-7 “Aid” includes all PA programs subject to a state hearing (22-001(a)(3)(A))
003-7A Aid is cash benefits and Medi-Cal (40-103.3)
003-8 PA does not include FS, Child Welfare Services, or AAC (W&IC 10061)
003-9 “County action” requires adequate notice, and includes any action or inaction relating to application or receipt of aid (22-001(c)(5))
003-10 Jurisdiction of state hearings (22-003.1)
003-11 Definition of “claimant”; TCC program repealed 1/1/98 (22-001(c)(2))
003-11B No right to hearing concerning placement or removal of foster child (22-001c.(2)(B)(1))
003-12 Dismissal when “claimant” lacks standing (22-054.35)
003-13 Dismissal when no valid AR (22-054.36)
003-13A Requirements for establishing valid authorized representative including for incompetent claimant (22-085.1, .11, .12, .221, .222, .23, and .24)
003-13B County must send notices and correspondence to claimant and authorized representative in state hearing process (22-085.4)
003-14 Representative of estate or heir may file hearing request on behalf of deceased applicant (W&IC 10965)
003-15 Representative of estate or heir may represent claimant who filed request and then died (22-004.4 and .5)
003-16 Discourteous treatment by county employees is not a state hearing issue (22-003.13)
003-17 Child custody and child welfare service issues are not state hearing issues when child is under juvenile court jurisdiction (22-003.14)
003-18 No hearing rights for foster care providers regarding voluntary payment agreements (22-003.15)
004-1 Statute of limitations, general; includes language-compliant effective January 24, 2007 (22-009.1, 22-901)
004-1A Period of review extends back to first day of month of 90-day review period (22-009.2)
004-1B Knew or should have known test does not start running of the statute of limitations (Morales v. McMahon)
004-1C NOA required when domestic violence waiver is granted or denied; no time limit to request domestic abuse waiver (ACIN I-02-06)
004-1D Language-compliant notice defined (22-001(l)(1))
004-1E Statutory changes to W&IC sections 10951 and 10960 provide good cause exceptions to 90-day period for hearing request and 30-day period for rehearing request (I-66-08)
004-1F Ninety day period to file hearing may be extended for good cause, but filing must be within 180 days (W&IC 10951)
004-1G If a provider requests an informal hearing, the 90-day period to request a formal hearing under MPP Section 22-009.11 shall be suspended pending informal hearing decision or withdrawal from, or failure to appear at informal hearing process (45-306.3)
004-2 General definition of “adequate notice”; when required (22-071.1, 22-001(a))
004-2A Requirements for notice to be adequate (ACIN I-151-82)
004-2B Verbal explanation is not a substitute for adequate written notice (ACIN I-151-82)
004-3 Adequate notice must be furnished when the county takes action pursuant to a conditional withdrawal (22-071.14)
004-4 Actions on which timely and adequate notice required. Notice must be issued 10 days in advance of proposed action (22-072.1)
004-4A Two NOAs required if applicant fails to cooperate in providing information, complying with SFIS (ACL 00-32)
004-5 Method for determining filing date (22-001(f)(1))
004-6 Extension of filing period when last day falls on Sunday or holiday (22-002.1, 22-001h.(1); Gov. Code 6700-6716)
004-7 Holidays include days which government offices are closed (CCP 12b)
004-8 Form of hearing request (22-004.2)
004-9 Conditional withdrawal procedure (22-054.211(b)(3))
004-10 Request for hearing is dismissed if beyond time limit (22-054.32)
004-12 “Timely notice” is written notice mailed ten days prior to effective date of action (22-001(t)(1), 22-072.4)
004-12A Timely notice not required for removal of CalWORKs child into foster care (22-072.2(f))
004-13 Required language for overpayment and overissuance notices (Anderson v. McMahon; ACL 90-14)
005-2 Dismissal when issue has been subject of previous hearing (22-054.34)
006-1 “Compliance issue” defined (22-001(c)(3));”Compliance related issue” is one resolved in favor of claimant but county must make further determination (22-001(c)(4))
006-2 Compliance issue timeliness (22-078.5, 22-078.31)
006-3 County has duty to comply with state hearing decision immediately upon receipt of such decision even if rehearing is requested (22-078.1)
006-4 Dismissal, “compliance” issue (22-054.37, 22-001(c)(3))
007-1 Old Rule: Hearing is to be dismissed if it is abandoned (22-054.22)
007-1A New Rule: Hearing is dismissed if it is abandoned; new hearing scheduled and dismissal decision set aside if good cause established for abandonment (22-054.22 effective 1/24/07)
007-2 Good cause criteria for not attending a hearing (22-054.222(a))
007-2A Good cause for postponements (22-053.113, 22-901)
008-1 Hearing is to be dismissed if withdrawn; withdrawal must be in writing (22-054.21)
008-2 Hearing request shall be dismissed if the claimant or AR is unwilling to present case (22-054.33)
008-3 County's authority to modify grant while claimant receiving aid pending (22-072.9)
009-1 Equitable estoppel (Canfield v. Prod, City of Long Beach v. Mansell)
009-1A Analysis of equitable estoppel as to each of five sequential requirements; explanation of county's “knew or should have known” test as to element one; example of balancing individual and governmental interests (Canfield v. Prod)
009-2 Equitable estoppel can be applied in state hearings (Lentz v. McMahon)
009-3 Court says in dicta that equitable estoppel cannot contravene statutory or constitutional limitations (Longshore v. County of Ventura)
009-4 That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom performance is due (Civil Code 3529)
009-5 Lost FS benefits a measure of injury for equitable purposes which may reduce the CalWORKs overpayment (ACIN I-60-96)
009-6 CDSS agrees to rescind parts of Notes from the Training Bureau dealing with authority of ALJs to write final decisions when they adhere to policy regarding hardship set forth in Notes (Rush v. Saenz)
009-7 Factors to consider in equitable estoppel balancing (City of Imperial Beach v. Algert; Lee v. Bd. of Administration)
009-8 Analysis by courts of application of equitable estoppel against public agencies (Crumpler v. Bd. of Administration Emp. Retire. Sys.; City of Long Beach v. Mansell)
009-9 Discussion of doctrine of laches (Lam v. Bureau of Security and Investigation Services)
009-10 Estoppel cannot expand a public agency's powers (Fleice v. Chualar Union Elementary)
010-1 Joint responsibility for gathering evidence; county duty to help (40-157.21)
010-2 Duty to complete investigation when evidence is conflicting (40-157.14)
010-3 Recipient's sworn statement sufficient (40-115.22)
010-4 County is to refer applicants and recipients for UIB; county to deny or discontinue if there is failure to apply for or accept UIB or if there is failure to meet eligibility conditions without good cause (82-610.1 and 82-612)
010-4A Aid discontinued when AU member fails to apply for or accept available UIB (82-612.1, .6)
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)
010-4C Situations when a person is not “apparently eligible” for UIB (82-612.6)
010-5 County representative's duty to determine the issues prior to the hearing (22-073.2)
010-6 General duty of county representative (22-073.13)
010-7 Duty of county to prepare position statement (22-073.25)
010-7A Parties must be prepared on substantive issues unless hearing is limited to jurisdictional issue (22-049.53)
010-8A Authorizing a representative; communications with the AR (22-085)
010-9 County representative has authority to make binding stipulations at the hearing (22-073.37)
10-10 County has burden of going forward (22-073.36)
010-11 Applicants must be informed of lump sum diversion (40-115.213)
010-12 County duty to have regulations, ACLs, W&IC, other public share of costial service laws, in waiting or reception room in each central or district county office (Handbook 17-017)
010-13 Record retention requirements in PA cases (ACL 06-33; 23-353)
011-1 County responsibility to be courteous and respectful (40-101.12)
012-1 Information relating to eligibility provided solely by applicant/recipient is open to that individual's inspection (19-005.1)
012-2 Case files, except for privileged communications, are open to inspection by claimant or AR (19-005.4 and 19-006)
012-3 Case record open to inspection by claimant or AR in conjunction with state hearing (W&IC 10850.2)
012-4 Applicants, recipients and their authorized representatives are entitled to have access to their case records (ACL 07-29)
012-4A Information provided by applicant/recipient must be shown to him/her or to representative upon request; privilege exists only if information comes from third party (ACL 07-29)
012-4B Documents necessary to determine whether to prepare for or request hearing must be provided at cost of production or no charge; in food stamps, documents must be provided at no charge; regulations do not prohibit charge for non hearing related documents (22-051.3, .31; ACL 07-29)
013-1 Counties are not to discriminate in administering aid programs; complaints of discrimination are to be referred to Civil Rights Bureau (21-109.1 and 21-203.11)
013-2 Duty of county to provide notices in language other than English (21-115.2; ACL 92-90, 00-03)
013-2A Duty to provide notice in primary language when five percent of welfare population lives in the particular county (Asociation Mixta Progresista)
013-2B County responsibilities in providing language services (ACL 03-56)
013-2C Counties must provide forms and written materials in individual’s primary language; primary language defined (ACIN I-09-06)
013-2D Counties must document that interpretive services were provided and/or offered at each client contact (ACIN I-02-08)
013-3 Cases involving discrimination issues are to be remanded to the county for preparation of a report (22-062.5)
013-4 Authority of SIU; rules pertaining to conduct of SIU investigations (20-007.3)
013-5 Requirement under Civil Rights laws to be nondiscriminating and provide equal access to people with disabilities, under Title II of ADA and California FEHA (ACL 01-42)
013-6 Language-compliant notice defined (22-001(l)(1))
013-6A Statute of limitations, general; includes language-compliant effective January 24, 2007 (22-009.1; 22-901)
014-1 General duty to assist in application process (40-107.1)
014-2 General complaint procedure (22-109.1)
014-3 Alien applicants must have documentation requirements explained in language in which they are fluent (42-435)
014-4 Applicants must be informed of diversion before aid is approved (W&IC 11265(a); 82-215.2)
014-5 Program duty: to inform applicants and recipients of duty to report accurately and promptly, to take prompt action on information, and to provide follow-up help through more contact when recipient has difficulty reporting (20-005.311-.313)
014-6 Duty of county to inform persons fingerprinted or photographed that image will be used solely to prevent or prosecute welfare fraud (40-105.3)
014-7 County duty to put its discretionary standards in writing (21-115; Handbook 11-501.3; ACL 00-08, 02-03)
014-7A Legally required written county policies and procedures makes interested parties aware of program rules, promote uniform and equitable treatment, assist in demonstrating county actions are not arbitrary and capricious, and can support county actions in State hearings (ACL 00-08)
014-8 Income maintenance responsibility to make and record eligibility and grant determinations for PA cases, and for MN SHARE OF COST cases (MPP 11-501.1, .2)
014-9 Counties must ensure that CalWORKs applicants who are denied work benefits and CalWORKs recipients who are discontinued from that aid program receive the Medi-Cal and FS benefits to which they are eligible (ACIN I-32-01)
015-1 General responsibility of recipient to cooperate (40-105.1)
015-1A Applicant responsibility to report changes in five days, recipients in ten days (40-105.13, .14)
015-1B County responsibility to ensure correct payment, assist recipient (40-181.1(a))
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))
015-2 County may deny if refusal to cooperate (40-157.3)
015-2A During application process, county can require evidence only if necessary to determine past or present eligibility (40-126.31)
015-2B During application process, county must provide written notice to applicant of necessary evidence, and pay to obtain evidence if necessary (40-126.32, .332)
015-2C County must document failure of applicant to make good faith effort to obtain evidence, and cannot deny if claimant is cooperating (40-126.334, .34)
015-2D Applicant who fails to cooperate may be eligible if necessary evidence received within 30 days of denial NOA (40-126.342, .343)
015-2E Denial for refusal to cooperate must be based on oral or written active refusal (40-126.344)
015-2F CalWORKs application and interview requirements (ACIN I-15-03)
015-3 Documents or evidence must be received on or before appropriate deadline set by county; extension of deadline if it falls on nonbusiness day (40-181.1(k))
015-4 Duty to accept unconditionally available income; penalty for failure to accept such income (44-103.2, repealed 7/1/93, replaced by 82-610)
015-4A Duty to seek or accept available income; penalties for failure to do so (82-610.1)
015-4B Definition and examples of potentially available income (82-610.3, .4)
015-4C PE who does not apply for UIB when apparently eligible disqualifies family from establishing U-deprivation; PE who cooperates before authorization of aid meets requirements as of application date (41-440.23, as revised 7/1/98)
015-5 County is responsible for determining good cause for failing to meet UIB eligibility conditions; good cause criteria (82-614.2)
015-7 Failure to cooperate with QC results in ineligibility for the AU (40-203.1, 40-209.2)
015-8 Minor parent's failure or refusal to obtain verification of whether or not adult will act as payee renders AU ineligible (89-201.42)
015-9 Requirement for adult parents and caretaker relatives and pregnant women to supply two fingerprint images and one photo image at application; failure to provide makes AU ineligible (40-105.3; ACL 00-32)
015-9A Duty of county to inform persons fingerprinted or photographed that image will be used solely to prevent or prosecute welfare fraud (40-105.3)
015-9B Persons temporarily and permanently exempt from SFIS requirements; only specified reasons establish good cause (40-105.33, .35; ACL 00-32)
015-9C Counties must inform applicants/recipients of SFIS requirements (ACL 00-32)
015-9D Two NOAs required if applicant fails to cooperate in providing information, complying with SFIS (ACL 00-32)
015-10 All applicants and recipients of CalWORKs and FC must assign child and spousal support for themselves and for required AU members as a condition of eligibility (82-506.1, 82-820.3)
015-10A Applicants and recipients of CalWORKs and FC must assign child and spousal support for themselves and (unlike 82-506.1) for family members for whom aid is requested or received, and receipt of aid assigns support by operation of law (Handbook 12-410)
015-11 “Applicant” is a person who requests aid or a person on whose behalf a request for aid is made (80-301a.(7))
016-1 Application in writing (40-103.4)
016-1A Date of application defined (80-301d.(1))
016-2 Restorations (40-103.42)
016-2A Application requirements in restorations (40-125.9)
016-3 Formal application is not necessary to include additional person in AU (40-121.3, .34)
016-3A CA 7 can serve as application for optional person or for conversion from state to federal CalWORKs (80-310c.(1))
016-4 CalWORKs annual redetermination of eligibility (40-181.21)
016-5 Duty to act promptly on applications, 45-day rule (40-126.1)
016-6 Any person, even if apparently ineligible, has the right to apply for aid (40-109.1)
016-7 Applicant/recipient self-determination (40-109.4)
016-8 Withdrawal of CalWORKs application (40-171.231)
016-9 Regulations governing the method of initial determination also applicable to continuing and periodic determinations (40-181.31)
016-10 Requirements to protect applicants' right to apply when welfare offices closed on normal working days (Blanco v. Anderson and Belshé)
016-10A Requirement to provide for filing applications on normal working days implemented (Blanco v. Anderson; ACL 94-108, 95-08)
016-11 Kin-GAP child is treated as recipient, not applicant (ACL 99-97)
016-12 CalWORKs eligible persons eligible for Medi-Cal (40-171.212)
016-13 County shall deny aid if whereabouts unknown (40-171.221(c))
017-1 Face-to-face interview required (40-131.1)
017-2 Situations in which a home visit is necessary (40-161)
018-1A DA cooperation requirements (82-512.2)
018-1B DA determines cooperation, and county determines good cause (W&IC 11477(b)(1), 11477.04; ACL 97-65; 82-510.1 revised 7/1/98)
018-2A Prospective application of the child/spousal noncooperation sanction for AFDC recipients who retain direct support (ACL 91-34)
018-3A Cooperation requirements for child/spousal support (82-510.1, partially revised 7/1/98, and re-revised 6/21/99)
018-3B Cooperation requirements for medical coverage (82-510.2)
018-3C Applicant/recipient must cooperate in obtaining payments or property due an AU member (82-510.3)
018-3E Penalty for failure to assign child support is exclusion from AU; for failure to cooperate in paternity establishment or child support enforcement is 25% reduction in grant (W&IC 11477(a)(1), 11477.02; ACL 97-65; 82-506.1, revised 10/1/98, 82-510.4, revised 7/1/98)
018-3F Statutory and regulatory good cause criteria for failure to cooperate with DA or county (W&IC 11477.04(b); ACL 97-65; 82-506.1, revised 10/1/98; 82-512.1, revised 7/1/98, and re-revised 6/21/99)
018-3G County welfare department makes good cause determination regarding cooperation with LCSA; good cause criteria (W&IC 11477.04(a) and (b))
018-3H Evidence supporting good cause claims (W&IC 11477.04(c))
018-5A Burden on claimant to justify claim for exemption from paternity, securing support and medical coverage cooperation requirements (82-512.51, pre-7/1/98, 82-512.41)
018-5B Evidence to support rape/incest exemption claim (82-512.521, .525, revised and renumbered 7/1/98)
018-5C Evidence to support pending adoption exemption claim (82-512.522, .525, revised and renumbered 7/1/98)
018-5D Counseling days regarding adoption or relinquishment of child were limited to 90 for purposes of exemption prior to 7/1/98, evidence to establish this exemption (82-512.523, .525, renumbered, revised 7/1/98)
018-5E Special considerations re: claim of emotional harm exemption, and evidence to support claim of physical or emotional harm (82-512.4, .525, renumbered, revised and repealed 82-512.424-.426, 7/1/98)
018-6B All applicants and recipients of CalWORKs and FC must assign child and spousal support for themselves and for required AU members as a condition of eligibility (82-506.1, 82-820.3)
018-7 CalWORKs (formerly AFDC) parents required to submit support payments received to District Attorney (43-107.26 renumbered to 82-510.16)
018-8 AFDC recipient must be allowed to attest as to lack of information regarding absent parent before sanctions can be imposed (ACL 90-12, Sahi v. McMahon)
018-10 Child support activities shall be started or resumed for recipient, exempt from cooperation, at recipient's request (82-508.352, eff. 6/21/99)
019-1A Applicant/recipient must cooperate in obtaining and furnishing SSN (40-105.2)
019-2A Requirement to verify that an application for an SSN has been filed on behalf of a newborn (40-105.22)
019-2B State-funded victim of trafficking, domestic violence or other serious crimes not required to meet Social Security number requirements (40-105.26)
019-3 Failure or refusal to provide SSN results in ineligibility for individual, or if individual is only eligible child, for entire AU (40-107(a)(1) and (g)(1)(E))
019-4 Furnishing and using SSNs does not violate First Amendment of Constitution (Bowen v. Roy)
019-5 Required documentation of preschool children's immunization except if medically contraindicated or contrary to applicant's or recipient's belief (W&IC 11265.8)
019-5A Children under age 6, unless in school, subject to immunizations requirements (ACL 97-70)
019-6 Parents/caretaker relatives are excluded from AU for eligibility and grant purposes after failure to provide immunization documentation the first of the month following timely notice, and restored the month following the month documentation is provided (40-105.4(a), (g), (h); 40-105.5(e), (g))
019-7 Failure to have school age children attend school leads to exclusion of adults from AU (W&IC 11253; ACL 97-70; 40-105.5(a)-(d))
|
|
|
|
|
|
020-1 First county is to complete application process if recipient moves to another county after the time of application (40-125.5)
020-2 Intercounty transfer to be initiated when the first county is notified that the recipient has moved to another county (40-190.1, formerly 40-189.21)
020-3 Responsibility of first county to notify second county of recipient's move to second county (40-195.211, renumbered to 40-195.11)
020-3A No need to reapply for Medi-Cal in new county after CalWORKs discontinuance (ACL 04-14)
020-4A Expiration of transfer period (40-187.12)
020-5 No application necessary on a transfer between FG and FC (40-121.32)
020-6 Intraprogram status change (FG to FC); no new application needed (40-121.32; 40-183.1)
020-7 County duty to advise of potential CalWORKs (formerly AFDC) eligibility when processing Medi-Cal cases (Title 22, CCR, 50153)
020-8 First county is responsible for eligibility and payment until end of transfer period; second county establishes quarterly reporting cycle (40-190.2,.21, .22)
020-8A If recipient moves to another county, CalWORKs Inter-county transfer rules apply. For food stamps, recipient must reapply in second county, but first county discontinues food stamps to coincide with CalWORKs transfer. (ACL 03-18; ACIN I-54-03)
020-9 In FC intercounty transfer, first county remains responsible for payment of aid (40-190.32, formerly 40-187.221)
020-10 Special rules regarding responsible county when a child moves from one county to another (40-190.222, formerly 40-187.222)
020-11 County of responsibility in HA cases (44-211.515)
020-12 In HA, use MAP in county where applicant resides (44-211.515(a))
021-1 Duty to complete CA 7/QR 7 (40-181.22)
021-2 Discontinuance for failure to submit CA 7; personal contact; rescission of discontinuance (40-181.22)
S021-3 Old rule: Penalty for failure to submit CA 7 timely (44-113.218, 40-181.223, repealed 7/1/98, effective 1/1/98; AB 1542)
021-4 Sponsored alien's duty to report income and resources of sponsor (40-181.25)
021-5 Good cause for failure to submit a CA 7 timely (40-181.23)
021-6 County to rescind discontinuance or allow earned income disregards when recipient has good cause for not reporting timely on CA 7; earned income disregard penalties are no longer relevant after 7/1/98 (40-181.234, 44-113.218; ACL 97-67)
S021-7 Old rule: Verification of dependent care expenditures reported on CA 7 (44-113.217(b))
021-8 Requirements for a complete CA 7 (40-181.241, eff. 2/3/99)
022-1 IPV defined (20-351.1i(1), revised 7/1/98; Handbook 80-301i.(2))
022-2 IPV penalties; only court may reverse (82-620.1-.5)
S022-2A Old rule: Sanction of two years, four years, and permanently for multiple applications or falsifying information about children (20-353.2; repealed 7/1/98, and replaced by Handbook 20-353.12)
022-3 Welfare fraud requires nonentitlement to aid (People v. Ochoa)
022-4 Responsibility of county EWs and supervisors to ensure that applicants understand penalties for not reporting or misstating relevant facts (20-005.311)
022-5 Program duty: to inform applicants and recipients of duty to report accurately and promptly, to take prompt action on information, and to provide follow-up help through more contact when recipient has difficulty reporting (20-005.311-.313)
022-6 Fraud penalties in 20-353.2-.261 apply only to acts committed after January 1, 1998 (20-351.3)
022-7 Same IPV act, repeated over time, gives rise to only one penalty (20-353.7)
022-8 Applicants are to be provided written notice of IPV disqualification penalties (22-310, effective 1/5/95)
024-1 Fleeing felons defined, and excluded from the AU (W&IC 11486.5(a); ACL 97-65; 82-832.1(h), (i))
024-4 Drug felons defined, and excluded from the AU (W&IC 11251.3; ACL 97-65; 82-832.1(j), 832.20)
024-5 Person who pleads guilty, but there is no entry of judgment, is not considered a drug felon until judgment is entered (ACIN I-71-99)
024-6 Person who has had drug felony conviction entered does not receive retroactive benefits if conviction is reduced or record expunged (ACIN I-71-99)
024-7 Minor must be convicted as an adult or minor is not a drug felon (ACIN I-71-99)
025-1 Requirement for adult parents and caretaker relatives and pregnant women to supply two fingerprint images and one photo image at application; failure to provide makes AU ineligible (40-105.3; ACL 00-32)
025-2 Duty of county to inform persons fingerprinted or photographed that image will be used solely to prevent or prosecute welfare fraud (40-105.3)
025-3 Persons temporarily and permanently exempt from SFIS requirements; only specified reasons establish good cause (40-105.33, .35; ACL 00-32)
025-4 Counties must inform applicants/recipients of SFIS requirements (ACL 00-32)
025-5 Two NOAs required if applicant fails to cooperate in providing information, complying with SFIS (ACL 00-32)
025-6 Court order re SFIS policies of failure v. refusal to comply, how SFIS caretaker relatives pre 7/21/96 are affected, or how those individuals are treated when another family member is applying, stayed on appeal (Sheyko v. Saenz; ACIN I-69-01)
S026-4A Discontinuance for failure to return a complete QR 7; personal contact required. (ACL 03-18)
026-1 Quarterly Reporting/Prospective Budgeting (QR/PB) replaces Monthly Reporting Retrospective Budgeting (MRRB) for CalWORKs and food stamps. (ACL 03-18)
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))
S026-2 Terms used in QR/PB reporting system. (ACL 03-18)
026-2A Terms used in QR/PB reporting system (40-103.5)
026-3 The QR 7 must be completed every third month. Completeness criteria for QR 7 are the same as CW 7 completeness criteria. (ACL 03-18)
026-3A County must contact recipient if he/she indicates he/she has no idea about future income/circumstances (ACL 09-41)
026-4 Due dates, county actions for QR/PB remain same as under MRRB. (ACL 03-18)
S026-4A Discontinuance for failure to return a complete QR 7; personal contact required. (ACL 03-18)
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)
026-4E Final CW 7 used when transitioning recipient from MR/RB to QR/PB (ACL 03-18)
026-4F County duty to resolve discrepancies from QR 7 during QR 7 Reporting Period (44-316.231)
026-5 County must rescind discontinuance if recipient returns complete QR 7 after the 11th of the month, but before the first of the next month. There is an overpayment/overissuance if county could not decrease benefits because it could not issue 10-day notice due to late QR 7. (40-181.1, 44-350.5, 44-316.331(n), ACL 03-18)
S026-6 Good cause may be established for failing to return a complete QR 7 in both CalWORKs and food stamps. (ACL 03-18)
026-7 County will use information on QR 7 to determine eligibility on quarterly basis regarding deprivation, property, AU composition and transfer of assets (40-181.1(a)(1))
S026-7A Under QR/PB, county prospective budgeting requires county to use “reasonably anticipated” income recipient will receive during the quarter. (ACL 03-18)
S026-7B When income is “reasonably anticipated” so that it can be considered for eligibility and grant/allotment purposes. (ACL 03-18)
S026-7C Times when county is required to determine what is “reasonably anticipated” income listed. (ACL 03-18)
S026-7D Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167. (ACL 03-18)
026-7E For fluctuating income, county must average income over the QR payment quarter. Steps listed for county to determine monthly average income. (ACL 03-18; ACIN I-54-03)
S026-7F Actual CalWORKs grant used to compute food stamp allotment (ACL 03-18)
026-8 Property eligibility is determined once per quarter. Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (40-181.1(a)(1); 42-209.2; ACL 03-18)
S026-8A Information on the QR 7 is used to determine property eligibility for the entire upcoming payment quarter. (ACL 03-18)
026-8B CalWORKs transfer of asset rules remains unchanged. Under QR/PB period of ineligibility begins at beginning of upcoming payment quarter. (42-221.612(b); ACL 03-18)
026-9 CalWORKs recipient's continued eligibility based on deprivation on the QR 7 established once per quarter. (41-405.11; ACL 03-18)
S026-9A Under QR/PB the three-month adjustment period in MPP §41-405 is eliminated. (ACL 03-18)
026-10 Recipients required to report certain specified changes to the county within 10 days of the change in addition to changes reported on the QR 7 form. Mandatory items for recipient to report listed. (ACL 03-18)
026-10A Income Threshold Report (IRT) defined. (44-316.324; ACL 03-18)
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)
026-10C Failure to report income that exceeds IRT can result in overpayment and CalWORKs disqualification. (ACL 03-18)
S026-10D Steps county must take if recipient reports income that exceeds IRT level. (ACL 03-18)
S026-10E No mandatory mid-quarter recipient requirement in food stamps to report income in excess of IRT; . (ACL 03-18)
026-10F No need for county to verify income that exceeds IRT before county discontinues CalWORKs. (ACIN I-54-03)
026-10G Income that an assistance unit must report for IRT purposes. (ACL 03-57)
026-11 If county is unable to provide 10-day notice following assistance unit/household report of drug felony conviction, fleeing felon status or violation of condition of parole, county must issue benefits at prior level. (ACL 03-18)
026-11A If recipient moves to another county, CalWORKs inter-county transfer rules apply. For food stamps, recipient must reapply in second county, but first county discontinues food stamps to coincide with CalWORKs transfer. (ACL 03-18; ACIN I-54-03)
S026-12 Recipients may voluntarily report changes in income and circumstances during the quarter. (ACL 03-18)
026-12A Voluntarily reported changes may result in increase in one program's benefits and decrease in another. County must act on the increase, but suppress the decrease. (ACL 03-18)
S026-12B When increases in benefits due to decrease in income or addition of household member take effect. (ACL 03-18)
026-12C Recalculating the current quarter's CalWORKs and food stamp benefits when a recipient reports a decrease or discontinuance of income. (ACL 03-18)
026-12D No RISPs in the QR/PB system. (ACL 03-18)
S026-12E County must issue notice of action if voluntarily reported decrease in income does not result in increase in benefits. (ACL 03-18)
026-12F When Medi-Cal eligibility is established for new members of the assistance unit. (ACL 03-18)
026-12G Effect of person moving into the home with income that causes assistance unit/household to be financially ineligible. New person ineligible for Medi-Cal. (ACL 03-18)
026-12H County must treat addition/removal of optional person and income in same manner it would treat a mandatorily included person in the assistance unit. (ACIN I-54-03)
S026-13 Voluntary requests to discontinue benefits in the QR/PB system and county duty to act on the request including providing notice. (ACL 03-18)
S026-14 Specified permissible county-initiated changes that may occur during the quarter. (ACL 03-18)
026-15 Under QR/PB reasonably anticipated income is not reconciled with actual income in first two months. (ACL 03-18)
026-16 Establishing CalWORKs overpayments in the QR/PB system. (ACL 03-18)
026-16A Overpayment begins on first date change would have been made based on accurate recipient report regardless of whether the error was caused by county or recipient. (ACL 03-18)
026-16B Voluntarily reported changes not considered when determining whether there is an overpayment/overissuance. (ACL 03-18)
026-16C Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7. (ACL 03-18)
S026-16D CalWORKs good faith property overpayment rule applies in QR/PB system. (ACL 03-18)
026-16E No overpayment/overissuance or underpayment/underissuance when actual income differs from reasonably anticipated income. (ACL 03-18)
S026-16F Recoupment of overpayment/overissuance only initiated at beginning of the quarter. (ACL 03-18)
026-17 County must take action to restore underpayment/underissuance. Restoration based on QR rules. (ACL 03-18)
026-18 County option how to establish quarterly reporting cycles. (40-107(j);ACL 03-18)
|
Special Programs |
|
|
|
|
|
|
|
S031-1 Old rule: TCC requirements, receipt of AFDC in three of last six months (47-120.13; AB 1542; ACL 97-73)
S031-7 Old rule: TCC provider is a claimant only when overpayment assessed against provider (22-003.14; AB 1542; ACL 97-73)
S031-8 TCC families are transferred to Stage Three child care, or to Stages Two or One if funding is unavailable (ACL 97-73; AB 1542; Educ. Code 8350-8359.1)
S032-1 Control group exempted from APDP and CWPD through federal waiver; no more control groups after CalWORKs replaced AFDC (89-102, renumbered to 89-101 effective 7/9/95; AB 1542)
S032-2 185% MBSAC, MBSAC, MAP, 80% MAP amounts for APDP/CWPDP control group members , no more control groups after CalWORKs replaced AFDC (40-015, 89-101.2, Handbook 44-315.311(b); ACL 96-60; AB 1542)
S033-1 Old rule: Eligibility requirements for receipt of SCC (44-503.1; AB 1542; ACL 97-73)
S034-1 Old rule: CAAP provides child care funding for earners who voluntarily decline an AFDC grant (89-701.1; AB 67; ACL 97-73)
S035-1 Counties must inform families discontinued from AFDC for employment-related reasons, or from TCC, of availability of ARCCP (ACL 94-45, 92-67; W&IC 11057.5)
S035-2 ARCCP Group One criteria (ACL 96-53)
036-1 Eligible Stage One Child Care recipients (47-220.1, .2, .3)
036-2 Definition of client (and former client) for child care purposes (47-110(c)(4), (f)(3))
036-3 Eligible children for Stage One child care (47-201)
036-4 Overpayment for child care program defined (47-110(o)(1))
036-4A Collection of child care overpayments (47-440)
036-4B Generally, child care payments are made directly to provider, except they may be made directly to client if care is provided in client's home (47-420.1, .2)
036-4C Examples of child care overpayments (ACL 00-53)
036-4D Examples where there is no child care overpayment (ACL 00-53)
036-5 Definition of underpayment and requirement to correct underpayment (47-110(u)(1), 47-440.1)
036-6 When the county must and when it shall not pay for child care (47-401.4, .5)
036-7 Definition of family fee and calculation for Stage One clients (47-110(f)(1), 47-240.1)
036-8 Retroactive child care payments limits (47-430.2-.22)
036-8A Retroactive child care payments applies to former CalWORKs recipients (47-430.3)
036-8B When child care informing notice must be provided (47-301.2 and .23)
036-8C Information that must be provided in child care informing notice (47-301.22)
036-8D Duty of applicant/recipient to sign informing notice (47-301.26)
036-8E Trustline-exempt child care providers (47-260.2)
036-8F Registered Trustline child care provider defined (47-602(r)(1))
036-9 Trustline registry defined (47-602(t)(1))
036-9A Trustline Registry system provides criminal record clearance (47-601)
036-9B All licensed child care providers must apply for Trustline unless exempt; exemptions listed (47-610 repealed effective February 1, 2008)
036-9C Trustline registry application requirements (47-620.1)
036-10 Definition of “intercounty transfer” in child care (47-110(i)(1))
036-10A Definition of “first county” and “second county” in child care (47-110(f)(2), (s)(1))
036-10B Responsibility of first and second county in intercounty child care transfer (47-310.1, .2)
036-10C No delay permitted in child care payments when county receives necessary child care information (47-310.3, 47-420.21)
036-10D County payment responsibility in child care intercounty transfer cases (47-310.3)
036-11 Optional foster parent child care program (ACL 05-23)
S037-1 Establishment of separate State CalWORKs program for certain two-parent families (ACL 99-54)
S037-2 Eligibility criteria for State CalWORKs program for two-parent families (ACL 99-54)
|
|
|
|
|
|
|
|
|
040-1 Aliens eligible for aid as provided under federal law, if lawfully admitted for permanent residence, or if PRUCOL (W&IC 11104)
041-1 Only citizens and eligible aliens eligible for AFDC (42-430)
041-2 Acceptable verification of citizenship (42-433.2)
042-1 Categories of eligible aliens (42-431.2; .23; .3)
042-2 Aliens eligible for aid as provided under federal law, if lawfully admitted for permanent residence, or if PRUCOL (W&IC 11104)
S042-3 Potential eligibility of IRCA aliens and their spouses/children effective 5/5/92 (82-820.3; ACIN I-32-92; 42-431.22)
042-4 “Qualified aliens” for CalWORKs purposes (ACL 98-65)
042-5 Applicants for asylum not eligible for AFDC (Sudomir v. McMahon)
043-1 State residence, not county residence, is a requirement for aid (42-400)
043-2 Durational residence not required (42-401)
043-2A Definition of residence (42-403)
043-3 Prompt treatment of recipients who have moved from other states (42-421)
044-1 County of responsibility; county of residence (40-125.1, .3)
046-1 Sponsor's income and resources deemed to sponsored alien (43-119.22)
046-1A State law requirements for attribution of sponsor's income and resources to the sponsored alien (W&IC 11008.135(a))
046-2A Definition of sponsored alien (80-301s.(5))
046-3 Sponsored alien regulations do not apply to certain specified admittees (43-119.1)
046-4 Parolees exempt from sponsored alien provisions if affidavit of support was not required (ACIN I-02-94)
046-5 Sponsored alien must provide information and documentation about sponsor as condition of eligibility (43-119.231)
046-5A Sponsored alien's responsibility, under state law, to provide information about the sponsor and the sponsor's spouse's income and resources (W&IC 11008.135)
046-5B Persons to who sponsored noncitizens provisions apply (43-119.21)
050-1 Deprivation necessary for CalWORKs (formerly AFDC) eligibility (41-400)
050-2 Readjustment period after deprivation ceases; no adjustment period with QR/PB (41-405.2 repealed with implementation of QR/PB)
050-2A Under QR/PB the three-month adjustment period in MPP §41-405 is eliminated. (ACL 03-18)
050-2B Under QR/PB, deprivation not evaluated mid-quarter, only based on information on QR 7 (41-405.11 effective July 1, 2004)
050-3 Types of deprivation (41-401)
050-4 County responsibility to investigate whether other basis of deprivation exists when one ceases, and family still in need (41-405.1)
050-5 Federal AFDC-U shall not be the basis for deprivation if other eligibility exists changed to allow eligibility to be established based on any deprivation factor (41-401.3, formerly 41.401.4, revised 6/14/99)
S050-5A Old rule: U-deprivation is not chosen if there is another deprivation basis (41-440.4, repealed 7/1/98)
050-6 CalWORKs recipient's continued eligibility based on deprivation on the QR 7 established once per quarter. (ACL 03-18)
052-1 Incapacity deprivation, general (41-430)
052-2 Incapacity deprivation, specific (41-430.1)
052-3 Proof of incapacity (41-430.2)
053-1 New rules for unemployed parents effective 1/1/98, linked to W&IC and 8/21/96 CFR (W&IC 11201(b); 45 CFR 233.100; ACL 97-65)
053-1A Increased hours of employment for recipient parent of CalWORKs-U child does not result in ineligibility (W&IC 11201(c), effective 1/1/98, modified 1/1/99)
053-1B AU continues eligible, if other factors met, when U-parent begins working greater number of hours (41-401.2)
053-1C Federal requirements as of 8/21/96 which apply to the CalWORKs-U Program (45 CFR 233.100)
053-2 Temporary employment over 100 hours not disqualifying (41-440.11)
S053-3 Old rule: Requirement of registration with WIN (federal) or EDD-JS (State-Only) (41-440.23; AB1542)
053-4 Determination of “principal earner” for CalWORKs (formerly federal AFDC-U) purposes (41-440.1(c), revised 7/1/98)
S053-5 Old rule: Principal earner for federal AFDC-U must have established connection to labor force (41-440.41; W&IC 11201)
S053-6 Old rule: APDP recipients are not subject to 100-hour limitation after they become recipients (41-440.7, 89-102.2, 89-301.2, renumbered to 89-105.2; W&IC 11201)
S053-6A Old rule: 100 hours monthly work rule not applied to AFDC recipients effective 12/1/92; and linkage to AFDC-U continues regardless of hours PE works, or until deprivation changes (ACL 92-98; 89-301.2 renumbered to 89-105.2; AB 1542)
053-7 Old rule: Principal earner for federal AFDC-U must have been unemployed for 30 days prior to receipt of cash assistance (41-440.22; AB 1542)
S053-7A PE must have worked fewer than 100 hours, adjusted daily, in 4 week period preceding eligibility for U-benefits (W&IC 11201(b); 41-440.22)
S053-8 Old rule: Unemployment deprivation, general (41-440.1; W&IC 11201)
S053-8A 100 hours monthly work rule not applied to AFDC recipients, effective 12/1/92 (89-301.2)
053-8B Linkage to AFDC-U (now CalWORKs) continues regardless of hours PE works, or until deprivation changes (ACL 92-98; 41-401.2)
053-9A Determination of date of transfer to U-deprivation (41-440.1(d))
053-12 PE who does not apply for UIB when apparently eligible disqualifies family from establishing U-deprivation; PE who cooperates before authorization of aid meets requirements as of application date (41-440.23, as revised 7/1/98)
S054-5 State-only AFDC-U program repealed 7/31/91 (SB 724, Chap. 97, Stats. 1991)
055-1 Absent parent deprivation, general (41-401.14)
055-2 Definition of “continued absence” (41-450.11)
055-3 Federal and state definition of “continued absence” (45 CFR 233.90(c)(iii); W&IC 11250(c))
060-1 Evidence of child's age (42-111.1)
062-1 Status of 18-year-old (42-101.2)
062-2 Disabled children who can't complete high school by age 19 may receive CalWORKs unless CDSS can show issuance of benefits would cause a substantial financial hardship to the State (Fry v. Saenz)
062-2A Disabled 18-year-olds who can’t complete high school by age 19 may receive CalWORKs until age 19 (ACL 04-33)
062-3 Identifying disabled 18-year olds (ACL 04-50, 42-101)
062-3A Implementation of procedures and standards to determine if 18-year old is considered disabled (ACL 04-50)
062-4 Counties must discontinue 18-year olds who are not disabled; no overpayment for those who received cash aid based on ACL 04-33 (ACL 04-50)
065-1 Kin-GAP is for children with court dependencies living with relatives who are the child's guardian; ACLs serve as temporary regulations (SB 1901; AB 1111; ACL 99-92, 99-97)
065-2 Kin-GAP recipient is in own AU, and income and aid payment is not available to others; caretaker relative may be in separate AU (W&IC 11450(j), 11371, 11450.16(B); ACL 99-92, 99-97; 90-105.31, 82-820.22)
065-3 Kin-GAP child must have lived with relative for 12 consecutive months, guardianship must be established, and juvenile court dependency dismissed after 1/1/2000 (W&IC 366.26, 366.3; ACL 99-97, 00-09; 90-105.121, .131, .132)
065-4 KinGAP program changes implemented effective October 2006 (ACL 07-13)
065-5 Kin-GAP specialized care increments (ACL 07-13)
065-5A Kin-GAP does not assess for specialized care increments, SCI based on amount received prior to entry into Kin-GAP (ACL 07-13)
065-6 Enhancements to KinGAP program (ACL 07-13, 07-13 errata, 07-47)
068-1 Kin-GAP recipient is in own AU, and income and aid payment is not available to others; caretaker relative may be in separate AU (W&IC 11450(j), 11371, 11450.16(B); ACL 99-92, 99-97; 90-105.31, 82-820.22)
068-2 Kin-GAP payments for current month; to be paid by first of month (ACIN I-32-05)
|
|
|
|
|
|
070-2 Eligibility for pregnant women in last three months of pregnancy, or under 19 without high school diploma (44-209.23)
070-2A Pregnant teen loses AFDC and pregnancy special need payment if she turns 19, receives high school diploma, and is not in third trimester of pregnancy but becomes eligible again in third trimester (ACL 96-45; 44-209.23, 44-211.632; ACIN I-09-97)
070-3 Retroactive eligibility for mothers who deliver children prior to anticipated month of birth (44-209.235)
070-4 Families are grouped into AUs for purposes of eligibility and grant computation (W&IC 11450.16(a), 1/1/99)
S070-8 Kin-GAP children must be current on immunizations, and meet school attendance requirements if at least 16 years old; prior to 7/10/01, they were also required to have a monthly reporting form filled out, and participate in the Cal-Learn program if pregnant or if they have their own child(ren) (ACL 00-09, 00-70; 90-110.31, 90-110.1(i))
071-1A Individuals who must be listed on the Statement of Facts; optional persons; denial appropriate when applicant won't list individual on Statement of Facts (40-118.1, .2, .4)
071-1B “California domestic partner” defined (80-301c.(1))
071-1C “Stepparent” defined (80-301s.(9))
071-2A Persons who are necessary to establish an AU (82-820)
071-2B Under QR/PB, beginning date of aid for unaided father of pregnant woman who receives aid as an AU of one (44-205.122)
S071-2B Old rule: Eligibility for caretaker relative (not necessarily parent) to be in AU of one when child is GAIN sanctioned (42-786.313, repealed 7/1/98)
071-3 Exceptions to mandatory AU inclusion rules for pregnant or parenting minors (Handbook 82-820.333)
071-4A AU must include a child unless there is a pregnant woman, or only child is GAIN sanctioned or receives SSI (82-820.2)
071-5 MFG child excluded from AU for MAP purposes, but not for MBSAC, special needs (44-314.2, .6)
071-7 Persons who are sanctioned (and not in AU) v. persons who are penalized (and are in AU) (ACIN I-09-98)
071-8 Required members of AU include eligible child and caretaker relative, or pregnant woman, and eligible parents and eligible siblings, living in the home with the eligible child (W&IC 11450.16(b), (c), effective 1/1/99)
072-1A County must advise applicant/recipient of AU most advantageous to family (82-820.3, 82-828.1)
072-2 Persons who, at option of required AU members, may be included in AU (W&IC 11450.16(d))
073-1 Persons excluded by law from the AU include persons not meeting citizenship/alien status requirements (82-832(b))
073-1A Persons excluded by law from the AU include children living with minor parent receiving foster care or Kin-GAP (82-832(a))
073-2A Father of unborn excluded from AU (82-832(c))
073-3 SSI/SSP, RRP, Kin-GAP or FC recipient excluded from AU (82-832.1(d))
073-3A 1619(b) recipients are SSI recipients for CalWORKs purposes (ACL 01-35; 82-832.1(e), 44-133.21)
073-4 Needs of parents and caretaker relatives not considered if preschool children have not received immunization (W&IC 11265.8(a); ACL 97-70; 40-105.4(c), (g))
073-5 Parents/caretaker relatives are excluded from AU for eligibility and grant purposes after failure to provide immunization documentation the first of the month following timely notice, and restored when documentation is provided the first of that month (ACL 97-70; 40-105.4(a), (h); 40-105.5(e), (g); 40-105.7(g))
073-6 Failure to have school age children attend school leads to exclusion of adults from AU (W&IC 11253; 40-105.5(a)-(d))
073-6A Needy caretaker relative of Kin-GAP minor is not penalized if the minor hasn't met immunization or school attendance requirements (ACL 01-64; 40-105.5(d) and 40-105.4(g))
073-6B Kin-GAP child 16 or over who fails to attend school remains aided as a ZBG case (ACL 01-64; 40-105.5)
073-7 Fleeing felons defined, and excluded from the AU (W&IC 11486.5(a); ACL 97-65; 82-832.1(h), (i))
073-8 Drug felons defined, and excluded from the AU (W&IC 11251.3; 82-832.1(j), 82-832.20)
073-9 Voucher/vendor payments required if excluded AU parent or caretaker is drug felon, but not if fleeing felon (ACL 97-66; W&IC 11251.3, 11486.5; 44-307.11)
073-10 Statutory MFG requirements, including statutory NOA requirements (W&IC 11450.04(a), (f); 44-314.2, .32, .6)
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)
073-10B MFG rule applies if MFG child moves from mom to dad even if dad was not in mom's assistance unit (ACL 01-82)
073-10C MFG rule applies until assistance unit has not received aid for at least 24 consecutive months (44-314.4)
073-11 When MFG doesn't apply, under MPP (44-314.5)
073-11A State law provides that MFG does not apply when conception occurred when either parent was a nonneedy caretaker relative (W&IC 11450.04(d)(2))
073-11B CDSS position is that if a parent is in home but not in AU, MFG will apply (ACL 97-29, 01-82)
073-11C When teen/former teen parent establishes own AU, after receiving aid in a caretaker relative's AU at the time of the birth of his/her child, or FG rule does not apply to any existing child, or any child born in next 10 months (44-314.56; Nickols v. Saenz)
073-11D MFG rule does not apply if Depo-Provera fails (ACL 01-82)
073-11E MFG rule does not apply to child of unaided minor parent living with aided senior parent (ACL 01-82)
073-11F MFG rule does not apply if child is not living with either parent (44-314.55)
073-11G Counties may waive MFG rules for victims of domestic violence (ACIN I-02-06)
073-12 MFG child excluded from AU for MAP purposes, but not for MBSAC, special needs (44-314.2, .6)
073-12A Certain payments made to or on behalf of MFG child for child support are exempt from consideration as income (ACL 01-16; Kehrer v. Saenz; 44-314.62, .621)
073-13 Revisions to MFG NOA, requirements to notify applicants and recipients of MFG rules, eligibility of certain teen parents (Nickols v. Saenz; ACIN I-82-00; ACL 00-78)
073-13A MFG requirement reminder plus examples (ACIN I-29-07)
073-14 Distinction between sanction and penalty (ACIN I-09-98)
073-14A Persons who are sanctioned (and not in AU) v. persons who are penalized (and are in AU) (ACIN I-09-98)
073-14B Interpretation of how penalized person's exclusion from AU affects HA, RISP, in-kind income, special needs (ACL 99-76)
S073-15 Fraud penalties for persons found to have committed certain offenses result in exclusion from AU, but counting income and resources (ACL 97-69; ACIN I-09-98; W&IC 11486)
074-1A Parent who relinquishes child is no longer a “parent” but may still be caretaker relative (80-301p.(1), 82-808.12)
074-2A Child must be living in home of caretaker relative (82-804.1)
074-3A Caretaker relative defined; second cousin not caretaker relative (82-808.1; ACL 94-01)
S074-3B Caretaker relative defined, federal regulations (45 CFR 233.90(c)(1)(v)(A))
074-3C Definition of caretaker relative; degree of consanguinity required (80-301c., 82-808.1)
074-3D Evidence necessary to verify the relationship of a child to a caretaker relative (82-808.14)
074-4 Preliminary determination of the person presumed to be the legal parent (41-403.2, 43-201.1, .17, .2)
074-5 Presumptions regarding the legal parent of a child (Handbook 41-403.21, .22; Family Code 7540, 7550, 7611, 7612; H.& S. Code 10577(a))
074-6 When county learns of death of parent or caretaker relative, county has duty to determine if child remains eligible for CalWORKs or to refer case to AFDC-foster care if not eligible for CalWORKs (ACIN I-36-07)
075-1A Determination of AU when there are multiple caretakers, or one caretaker and nonsiblings (82-824.1; W&I 11450.16(e))
075-1B Definition of eligible child (ACL 94-01)
S075-1D Federal law does not preclude state from grouping all needy children living in the same household under the care of one relative into a single AU (Anderson v. Edwards, Edwards v. Healy)
S075-1E Only one AU when there is only one caretaker relative in the home (ACL 95-23; 82-824.13)
075-2A Determination of caretaker relative when child is in shared custody (82-808.4)
075-2B Determination of caretaker relative when both parents apply for aid and have equal care and control (82-808.413)
075-2C Caretaker relative of child(ren) who stays alternately with different parents for more than “one calendar month” is parent who has child (82-808.42; ACL 97-14)
075-2D Definition of “one full calendar month” for purposes of 82-808.4 and 82-812.5 (82-812.51; Handbook 82-812.52)
075-4 Under QR/PB, combining AU’s mid-quarter (82-824.14)
076-1A Definition of “home of caretaker relative”; includes temporary absence (82-804.2, 82-812)
076-1B Temporary absence only occurs after one full calendar month, which month must be at least 30 calendar days; one full calendar month defined (82-812.51; Handbook 82-812.52)
076-2 Federal definition of eligible caretaker relatives; includes children under court jurisdiction, and children whose legal custody is held by an agency that does not have physical possession of the child (45 CFR 233.90(c)(1)(v)(B))
076-5 Examples of temporary absence existing for more than one calendar month (82-812.6)
076-6 Temporary absence is only for one calendar month or less, unless it meets an exception (Handbook 82-812.52(b), .6; ACL 97-14)
077-1 Requirement of minor parent to live with parent or guardian in order to receive CalWORKs (formerly AFDC) unless certain exemptions are met (89-201.1, .2)
077-1A Definitions of “minor parent” generally, for Teen Pregnancy Disincentive, and for CWS (80-301m.(3); 89-201.1; 31-002(m)(3))
S077-2 Old rule: No income considered available from senior parent to grandchildren (89-201.5, revised 7/1/98, repealed 3/31/03)
077-2A Child support paid to senior parent on behalf of minor parent is not minor parent income in excluded parent computation set forth in 89-201.514 which regulation was repealed 3/31/03 (ACL 01-15; Dominika S. v. Saenz)
S077-3 Old rule: Grant to minor parent's child(ren), when minor parent is in own AU or in senior parent AU, is greater of grant, per 44-315.3 and MAP of child(ren) (89-201.53, revised 7/1/98 and 3/31/03)
S077-4 Old rule: Grant, when minor parent is in senior parent's AU, is greater of grant computed per 44-315.3, and child(ren)'s MAP (89-201.6, repealed 7/1/98)
077-5 Exceptions to mandatory AU inclusion rules for pregnant or parenting minors (Handbook 82-820.333)
077-6 Minor parent not exempt cannot be payee unless adult living in home refuses to accept that duty (89-201.4, .41)
077-7 Minor parent's failure or refusal to obtain verification of whether or not adult will act as payee renders AU ineligible (89-201.42)
077-8 Determination of exempt AU status when minor parent resides with senior parent (ACL 97-17)
077-9 Determining eligibility when minor parent siblings, living with their senior parent, apply for aid (ACL 97-17)
078-1 Availability of family members' income (W&IC 11008.14)
|
|
|
|
|
|
S080-1 Definition of personal property (42-203.2; W&IC 11155; ACL 97-66)
S081-1 Old rule: Property limit for countable assets is $1,000 except $2,000 for recipients under WPDP (42-207.1; W&IC 11155; ACL 97-66)
S081-1A Old rule: An AU which includes a recipient shall be allowed to retain countable real and personal property which does not exceed $2,000 (89-502.1, renumbered to 89-115.11 effective 7/9/95; W&IC 11155; ACL 97-66)
081-2 Resource limits for CalWORKs applicants are FS limits (W&IC 11155, ACL 97-66, 42-207.1; ACIN I-56-02)
081-2A Recipients may have resources equal to FS limit, plus certain restricted accounts and certain interment, funeral, and burial property (W&IC 11155, 11155.2, 11158; 42-207.1)
081-2B Different rules for property evaluation, based on same statute, between 1/1/98 and 6/30/98, and 7/1/98, in that AFDC (now CalWORKs) real property regulations restored 7/1/98 after invalidation, while personal property rules follow FS regulations throughout the entire period (W&IC 11155; 42-203.2, 42-211.2, 42-213.2; ACL 97-66, 98-47)
081-2C Old rule: “AU” can retain countable resources not exceeding FS limit, including all property not excluded in 42-200 et seq., owned by a CalWORKs “family” (42-207.1 revised 8/5/99, 42-203.8, 82-820, 89-100, 63-500; W&IC 11155.2)
081-2D AU can retain all countable resources owned by the “family” (defined in regulations) which do not exceed FS limits (42-203.8, 42-207.1)
081-2E $3000 property limit for AU which contains a member 60 years or older, or a disabled member (eff. 10/1/02), and $2000 for other AUs (Handbook 42-207.2; ACIN I-56-02)
081-2F State policy is to disregard state regulations, and to define property using CalWORKs regulations (42-203.2; ACL 99-82)
081-2G Excluded resources include restricted accounts for recipients as well as 410(k), 457 and 403(b) accounts for applicants and recipients (42-213.21-23)
081-3 Recipients may keep up to $5,000 in a restricted account (89-115.113 although not deleted is superseded by 42-213.231 effective 10/22/09)
081-4 Restricted accounts require agreement with recipient and county, and funds must be retained for a home, for a child's training, or for a new business (42-213.231(b), (d))
081-4A Verification needed for restricted account (42-213.231(c))
081-4B Funds withdrawn from restricted accounts that must be redeposited (42-213(g)(4) and (j))
082-4 Owner of property based on legal title, possession, use, control, and ability to sell, repealed from January 1-June 30, 1998 (42-203.3; W&IC 11155; ACL 97-66)
082-6 Transfers of property can be made orally; when effective (Civ. C. 1052-1055)
083-1 Rule in effect from 1/1/98-6/30/98: Property must be actually available to be counted in determining eligibility (42-201.1; W&IC 11155; ACL 97-66)
S083-2 Old rule: Trust funds to be included if available (42-211.256; W&IC 11155; ACL 97-66)
S083-3 Old rule: Treatment of noncourt-ordered trusts (ACL 86-115; ACIN I-92-01)
083-3A CalWORKs applicants and recipients are not required to petition for release of trust funds as a condition of eligibility (ACIN I-92-01; 63-501.3, 40-115, 40-157)
083-4 Exclusion of resources when cash value not accessible to HH (63-501.3(i))
083-5 Rule in effect except from 1/1/1998-6/30/98: Presumption that those who share title have equal property rights may be overcome (42-205.2; W&IC 11155; ACL 97-66)
083-6 Federal interpretation is property for AFDC is unavailable when no AU member is aware or had reason to be aware of property (Transmittal No. ACF-AT-93-2)
083-7 Inaccessible resource defined to mean the resource would be exempt if its equity value is $1500 or less (7 CFR 273.8(e)(18))
083-8 Property essential to the employment or self-employment of an HH member is exempt (63-501.3(f))
083-9 Old rule: Exclusion of certain inaccessible resources when the value to the HH is less than one-half the resource limit (63-501.3(h)(5), revised, renumbered eff. 6/1/01)
083-10 Federal regulations exempt resources which would not produce a significant return, or where the cost of selling would be relatively great (7 CFR 273.8(e)(18), modified eff. 1/20/01)
083-11 State regulation makes resources, other than cars or financial instruments, exempt if their sale would produce over $1500; the regulation is inconsistent with other state and federal regulations which make exempt certain resources whose sale would produce less than $1500; state regulations amended to conform with federal regulations 2/21/02 (63-501.3(i)(5); 7 CFR 273.8(e)(18); ACIN I-49-01)
S084-1 Old rule: Determination of value of items of personal property other than vehicles and cash and securities; depreciation formula (42-215.33(a); W&IC 11155; ACL 97-66)
S084-2 Old rule: Determination of value of personal property when depreciation formula not used (42-215.33(b); W&IC 11155; ACL 97-66)
084-3 Partially Obsolete: 1/1/98 Old rule: Definition of “net market value” of real and personal property, real property definition reinstated 7/1/98 (42-203.7; W&IC 11155; ACL 97-66)
S084-4 Old rule: Definition of encumbrances of record (42-215.6; W&IC 11155; ACL 97-66)
S084-5 Old rule: Definition of liquid resources (42-211.21; W&IC 11155; ACL 97-66)
084-6 Value of nonexempt real property is equity value, except for vehicles (63-501.12 eff. prior to 1/1/04)
S085-1A In AFDC, valuation of a motor vehicle by Blue Book, bills of sale, dealer estimates, et al. (McKnight v. McMahon; ACL 92-104)
085-1B Allowable encumbrances against motor vehicles require lender to be registered with DMV (ACL 94-05)
S085-1C Old rule: Determination of value of a motor vehicle (42-215.4; W&IC 11155; ACL 97-66)
S085-2 Old rule: $1,500 exemption of motor vehicle (42-213.2z.; W&IC 11155; ACL 97-66)
S085-2A Old rule: One motor vehicle exempt for recipient if value does not exceed $4,500; excess of $4,500 spills over to property (89-503.1, renumbered 89-125.1 effective 7/9/95; W&IC 11155; ACL 97-66)
085-3 Federal definition of an “automobile” (45 CFR 233.20(a)(3)(ii)(F)(4))
085-4 State definition of a “motor vehicle” (Vehicle Code 415, 670)
085-5 Special adaptive equipment for vehicles of disabled persons, or for vehicles used by caretaker relatives to transport a disabled child, is exempt (42-215.411; ACL 97-38; ADA of 1990)
085-6 Licensed vehicles exempt as resources when jointly owned and joint owner won't sell, or when legal prohibition against selling vehicle (ACIN I-46-96; 63-501.21, 63-501.3(i)(3))
085-6A Federal Law excludes unlicensed vehicles from resource consideration if vehicle is inaccessible due to joint ownership, if in probate, or when HH is making a good faith effort to sell (7 CFR 273.8(c), (d), (e))
S085-7 Old rule: Valuation of motor vehicles (63-501.51, .52)
085-7A A car, if not otherwise excluded, with an FMV greater than the $4500 (now $4650) limit, was a countable resource, even if the net value of the car was zero after encumbrances; after 6/1/01, a car worth less than $1500 is excluded from resource consideration (Alexander v. Glickman; 7 CFR 273.8(e); 63-501.525 renumbered to 42-215.472 eff. 1/1/04)
085-7B Vehicle is excluded as a resource when necessary to transport a physically disabled HH member, whether HH member is included or excluded, such as an SSI/SSP recipient (63-501.521(e) renumbered to 42-215.431(e) eff. 1/1/04); USDA FNS Letter FS-6-1-CA; 7 USC 2011(g)(2)(c)(ii); ACL 00-06, 00-31; Anderson v. Saenz; ACIN I-124-00)
085-7C Determining countable resources of vehicles (63-501.525, eff. 6/1/01 renumbered to 42-215.47 eff. 1/1/04)
S085-7E Vehicle exempted if equity value is $1500 or less under federal regulations (7 CFR 273.8(e)(3), eff. 1/20/01)
085-7F Federal exemption of certain vehicles from equity test (7 CFR 273.8(f)(2), eff. 1/20/01; 63-501.523)
085-7G One licensed vehicle per adult household member is exempt from equity value test (63-501.523(b), eff. 6/1/01, rev. 2/21/02 and renumbered 42-215.45 eff. 1/1/04)
085-7H Valuation of licensed vehicles, using both equity and fair market values (63-501.522, .523, .524 renumbered to 42-215.44, .45 and .46 eff. 1/1/04)
085-8 Household can verify that value of vehicle is other than the blue book value (63-501.513 renumbered 42-215.413 eff. 1/1/04)
085-8A Counties are to use “wholesale value” to determine value of vehicle, and should use one source consistently (63-501.511 renumbered to 42-215.411 eff. 1/1/04; ACIN I-124-00)
085-9 Evaluation of unlicensed vehicles (63-501.53 repealed eff. 1/1/04)
S086-1 Old rule: Exemption of household items and furnishings (42-213.2i.; W&IC 11155; ACL 97-66)
S086-2 Old rule: Exemption of tools of trade (42-213.2u.; W&IC 11155; ACL 97-66)
S086-3 Old rule: Compensation for converted property is property, and remainder is gross lump-sum income (44-105.3, 42-213.2g., 44-113.12; W&IC 11155; ACL 97-66)
S086-4 Old rule: Property which has been considered in SSI determination is exempt (42-213.2t.; W&IC 11155; ACL 97-66)
S086-5 Title IV and BIA loans and grants are totally excluded as of 7/1/93. (ACL 94-02; ACF-AT-93-8; PL 102-325; 42-213.2c.(2))
S086-6 Old rule: Retroactive AFDC excluded in month of receipt and following month (42-213.2h.; W&IC 11155; ACL 97-66)
086-7 Old rule for personal property; rule for real property except from 1/1/98-6/30/98: Stepfather's separate and community property is exempt (42-213.11e., 42-213.2p.; W&IC 11155; ACL 97-66)
086-8 Devices required for use by persons with disability are property exempt (ACL 97-38)
086-9 Exclusion from resources of HH goods, personal effects, burial plots, cash surrender value of life insurance, and pension plans (63-501.3(b))
086-10 Rule in effect, 1/1/98-6/30/98: Exemption of property producing income consistent with fair market value (63-501.3(d), ACL 97-66)
086-12 Exclusion of resources when cash value not accessible to HH; specific rules pertaining to trusts (63-501.3(i)(1), 63-1432)
086-13 Rule in effect, 1/1/98-6/30/98: Exclusion of resources such as security deposits, property in probate, real property listed for sale (63-501.3(i)(2)-(4), ACL 97-66)
086-16 Rule in effect, 1/1/98-6/30/98: Inaccessible resources of women in shelter for battered women (63-501.3(m), renumbered to 63-501.3(n), ACL 97-66)
086-17 Income of nonhousehold members such as SSI recipients does not count (63-503.45)
086-18 Identifiable business resources are excluded (63-501.3(f)(2))
086-19 Exemption of EITC payments (63-501.3(m))
086-20 All college work-study program earnings are exempt as income or property (ACL 98-85; 44-111.25)
S087-10 Transfer of assets rule rescinded, then replaced (ACL 92-36; ACL 97-66; W&IC 11157.5)
S087-11 Old rule: POI for transfer of assets, pre 7/1/98 (W&IC 11157.5; ACL 97-66; 42-221.1)
087-11A “Family” defined for CDSS purposes as including person living in the home as specified in W&IC 11008.14, plus treatment of certain deemed income from aliens; family defined differently for property purposes (ACL 97-59, 98-17; 42-203.8)
087-11B Transfer of income or property under state law is potentially disqualifying only if (1) transfer is made for a recipient for less than FMV and (2) transfer would affect recipient's eligibility for benefits or amount of benefits. POI is determined by establishing difference between FMV of income or resource and amount received, dividing this result by the standard of need for the family, and rounding down to the lower whole number to establish the number of months of ineligibility, if any (W&IC 11157.5, effective 1/1/99)
S087-12 Old rule: State regulations modifying W&IC for determination of POI (42-221.11, revised 8/5/99)
S087-12A Transfer of property or income occurs when transfer is for less than FMV and would have affected eligibility for benefits if transfer had not occurred (42-221.1, revised 8/5/99)
087-12B Computation of POI for property transfers (42-221.21, revised 8/5/99)
087-12C Under QR/PB, determination of beginning date of POI for property transfers (42-221.612)
087-13 Transfer of property rules do not apply to applicants (W&IC 11157.5; 42-221.2)
S087-17 Income of nonhousehold members such as SSI recipients does not count (63-503.45)
087-18 Conversion occurs when property is changed from one form to another (42-203.10)
087-19 CalWORKs transfer of asset rules remains unchanged. Under QR/PB period of ineligibility begins at beginning of upcoming payment quarter. (ACL 03-18)
087-19A Under QR/PB, lump sum income is property in month received. (42-221.4)
088-1 Property eligibility is determined once per quarter based on information reported on QR 7 (40-181.1(a)(1))
088-1A Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (42-209.2, 44-101(l) effective July 1, 2004)
088-2 Information on the QR 7 is used to determine eligibility for the entire upcoming payment quarter. (ACL 03-18)
088-3 Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7. (ACL 03-18)
088-4 Under QR/PB, excess property overpayments based on information that should have been reported on QR 7 (44-352.111)
|
|
|
|
|
|
090-1 Definition of real property repealed from 1/1/98-6/30/98 (42-203.1; W&IC 11155; ACL 97-66, 98-47)
S091-1 Old rule: Property limit for countable assets is $1,000 except $2,000 for recipients under WPDP (42-207.1; W&IC 11155; ACL 97-66)
S091-1A Old rule: An AU which includes a recipient shall be allowed to retain countable real and personal property which does not exceed $2,000 (89-502.1, renumbered to 89-115.11 effective 7/9/95; W&IC 11155; ACL 97-66)
S091-2 Resource limits for CalWORKs applicants are FS limits (W&IC 11155, ACL 97-66, 42-207.1; ACIN I-56-02)
091-2A Different rules for property evaluation, based on same statute, between 1/1/98 and 6/30/98, and 7/1/98, in that AFDC (now CalWORKs) real property regulations restored 7/1/98 after invalidation, while personal property rules follow FS regulations throughout the entire period (W&IC 11155; 42-203.2, 42-211.2, 42-213.2; ACL 97-66, 98-47)
091-3 Maximum resource limit (63-409.12; 63-504.351(b), 63-504.372(a), Handbook 63-1101.1, 42-207.2; ACIN I-56-02)
S091-3A Old rule: “AU” can retain countable resources not exceeding FS limit, including all property not excluded in 42-200 et seq., owned by a CalWORKs “family” (42-207.1 revised 8/5/99, 42-203.8, 82-820, 89-100, 63-500; W&IC 11155.2)
091-3B AU may retain countable resources not in excess of FS limit, and if family or child's resources exceed FS limit, their ineligibility results (42-207.1, 8/5/99)
091-3C $3000 property limit for AU which contains a member 60 years or older, or a disabled member (eff. 10/1/02), and $2000 for other AUs (Handbook 42-207.2; ACIN I-56-02)
092-1 Rule in effect from 1/1/98-6/30/98: Property must be actually available to be counted in determining eligibility (42-201.1; W&IC 11155; ACL 97-66)
092-3 Obsolete: 1/1/1998; restored 7/1/98: Nonexcluded real property that AU is making good faith effort to sell is exempt for nine months; lien placed on property (42-213.12; W&IC 11155; ACL 97-66)
092-4 Rule in effect except from 1/1/1998-6/30/98: Presumption that those who share title have equal property rights may be overcome (42-205.2; W&IC 11155; ACL 97-66)
S092-5 Federal interpretation is property for AFDC is unavailable when no AU member is aware or had reason to be aware of property (Transmittal No. ACF-AT-93-2)
093-3 Owner of property based on legal title, possession, use, control, and ability to sell, repealed from January 1-June 30, 1998 (42-203.3; W&IC 11155; ACL 97-66)
093-4 Real property can be transferred only by operation of law, or by a writing (Civ. C. 1091, 1624(a))
093-6 Transfers of property can be made orally; when effective (Civ. C. 1052-1055)
094-1 Partially Obsolete: 1/1/98 Old rule: Definition of “net market value” of real and personal property, real property definition reinstated 7/1/98 (42-203.7; W&IC 11155; ACL 97-66)
094-2 Rule in effect except from 1/1/98-6/30/98: Valuation of real property (42-215.1, .2; Sidwell v. McMahon; ACL 90-27)
094-3 Value of nonexempt real property is equity value, except for vehicles (63-501.12)
095-1 Rule in effect except from 1/1/98-6/30/98: Home is excluded property (42-213.3; W&IC 11155; ACL 97-66)
095-2 Old rule for personal property; rule for real property except from 1/1/98-6/30/98: Stepfather's separate and community property is exempt (42-213.11e., 42-213.2p.; W&IC 11155; ACL 97-66)
095-3 Rule in effect except from 1/1/98-6/30/98: Real property of father excluded when mother and father not married, not living together, and child not legitimatized by father (42-213.11d.; W&IC 11155; ACL 97-66)
S095-4 Devices required for use by persons with disability are property exempt (ACL 97-38)
095-5 Old rule: 1/1/98-6/30/98 Exclusion from resources of home and surrounding property (63-501.3(a), ACL 97-66)
095-6 Rule in effect, 1/1/98-6/30/98: Exemption of property producing income consistent with fair market value (63-501.3(d), ACL 97-66)
095-8 Rule in effect, 1/1/98-6/30/98: Exclusion of resources such as security deposits, property in probate, real property listed for sale (63-501.3(i)(2)-(4), ACL 97-66)
095-11 Rule in effect, 1/1/98-6/30/98: Inaccessible resources of women in shelter for battered women (63-501.3(m), renumbered to 63-501.3(n), ACL 97-66)
095-12 Income of nonhousehold members such as SSI recipients does not count (63-503.45)
S096-1 Old rule: POI for transfer of assets, pre 7/1/98 (W&IC 11157.5; ACL 97-66; 42-221.1)
S096-1A “Family” defined for CDSS purposes as including person living in the home as specified in W&IC 11008.14, plus treatment of certain deemed income from aliens; family defined differently for property purposes (ACL 97-59, 98-17; 42-203.8)
S096-1B Transfer of income or property under state law is potentially disqualifying only if (1) transfer is made for a recipient for less than FMV and (2) transfer would affect recipient's eligibility for benefits or amount of benefits. POI is determined by establishing difference between FMV of income or resource and amount received, dividing this result by the standard of need for the family, and rounding down to the lower whole number to establish the number of months of ineligibility, if any (W&IC 11157.5, effective 1/1/99)
S096-1C Old rule: State regulations modifying W&IC for determination of POI (42-221.11, revised 8/5/99)
S096-1D Transfer of property or income occurs when transfer is for less than FMV and would have affected eligibility for benefits if transfer had not occurred (42-221.1, revised 8/5/99)
S096-1E Computation of POI for property transfers (42-221.21, revised 8/5/99)
096-2 Conversion occurs when property is changed from one form to another (42-203.10)
096-3 CalWORKs transfer of asset rules remains unchanged. Under QR/PB period of ineligibility begins at beginning of upcoming payment quarter. (ACL 03-18)
100-1 GAIN renamed (W&IC 11320)
100-3 County duty to put its discretionary standards in writing (21-115; Handbook 11-501.3; ACL 00-08, 02-03)
100-4 County must submit plan to CDSS, which requires CDSS certification (W&IC 10532(a), (b))
S100-5 Old rule: Definition of “appraisal” (W&IC 11325.2(a); 42-711.522, revised 9/13/99)
100-5A Definition of “appraisal” and county informing requirements (42-711.521, .522)
100-6 Definition of “reappraisal” (W&IC 11326; 42-711.71)
100-7 Definition of “assessment” and what assessment includes (W&IC 11325.4, .7, .8; 42-711.551, .554)
100-8 Definition of “evaluation” (W&IC 11325.25(a); 42-711.58)
100-9 Definition of “adult basic education” (42-702a.(1))
100-10 Definition of “community service” (42-701.2c.(3))
100-11 Definition of “doctor” (42-701.2d.(2))
100-12 Definition of “employment” (42-701.2e.(1))
100-13 Definition of “work experience” (42-701.2w.(1))
100-14 Definition of “enrollment” (42-702.3)
100-15 Definition of “subsidized employment” (42-701.2s.(2))
S100-16 Definition of “learning disabilities” (ACL 01-70)
S100-17 Definition of “screening” (ACL 01-70)
100-18 Changes in WTW participation requirements and plan; implemented by ACL (ACL 04-41, SB 1104)
100-18A Implementation timelines for SB 1104 WTW changes (ACL 04-41; SB 1104)
101-1 Minimum hours of participation for WTW recipient in single person AU (W&IC 11322.8(a); 42-711.411, .412, .413)
101-2 Minimum hours of participation in WTW-U situations (W&IC 11322.8(b); 42-711.421)
101-2A Minimum hours of WTW participation; core and non-core activities defined (42-701(c)(4), (n)(1); ACL 04-41; W&IC 11322.8(a-c))
101-2B In two-parent AU, one parent must participate a minimum of 20 hours per week (ACL 04-41)
101-2C Participation in vocational education and training as core activity limited to 12 months (ACL 04-41)
101-3 When 2 parents in AU, parents must participate 55 hours per week in WTW to receive federally funded child care (42-711.422)
S101-6 CDSS has identified post-assessment WTW county policies which are contrary to state requirements because they are based on generalized policies, rather than individualized assessments (ACL 02-03)
101-7 Post-assessment WTW assignments must consider the individual's educational level, employment experience, relevant employment skills, available program resources and local labor market opportunities (ACL 02-03; W&IC 11325.22(b))
101-8 Requirement to advise WTW participants of right to a third party assessment, and county duty to refer if the participant indicates dissatisfaction with the assessment (ACL 02-03; 42-711.522(c)(5), .556)
101-9 Program requirements that may be waived because of domestic abuse (42-715.51)
101-9A Counties must have written domestic abuse policies (ACIN I-02-06)
101-9B County must allow a domestic violence victim to self-declare; county may waive SIP rules for domestic violence victims (ACIN I-02-06)
102-1 All nonexempt persons must participate in WtW (W&IC 11320.3(a); 42-712.1)
102-2 Exemption for persons under 16 (W&IC 11320.3(b)(1); 42-712.411)
102-3 Full-time school attendance of child generally qualifies for exemption from WTW; Exemption extended if child plans further training or education (W&IC 11320.3(b)(2), 11325.3(d), 11325.25; 42-712.421; 42-721.422)
102-4 Exemption from WTW based on disability (W&IC 11320.3(b)(3)(A); 42-712.44)
102-5 Exemption from WTW based on advanced age, which is 60 per CDSS (W&IC 11320.3(b)(3)(B); 42-712.43)
102-6 Exemption from WTW based on nonparent caretaker relative caring for a child (W&IC 11320.3(b)(4); 42-712.45)
102-7 Exemption from WTW based on care of an ill or incapacitated household member (W&IC 11320.3(b)(5); 42-712.46)
102-8 Exemption from WTW based on care of child under 6 months of age (W&IC 11320.3(b)(6)(A); 42-712.47)
102-8A Factors to be considered in extending exemption for care of child less than 6 months old (W&IC 11320.3(b)(6)(A)(iii); 42-712.472(b)(1))
102-9 Exemption from WTW based on pregnancy (W&IC 11320.3(b)(7); 42-712.48)
102-9A Exemption from WTW based on full-time VISTA status (42-712.49)
102-10 Denial of claimed exemption from WTW on any basis (W&IC 11320.3(b))
102-11 County duty to review for temporary exemption from WTW activities, and recipient duty to cooperate in providing information (W&IC 11320.3(f); 42-713.1)
S102-12 Good cause for not participating in WTW activities (ACL 97-72; 42-713.2)
103-1 Recipients attend orientation and appraisal, and participate in job search and job club activities (W&IC 11320.1(a))
103-2 Requirement to enter into WTW plan after assessment (W&IC 11325.21; 42-711.61)
103-3 Plan requirements (W&IC 11325.21(c), .22, 11323.2; 42-711.6)
103-3A Generally, non-exempt individual enters welfare-to-work plan after assessment (42-711.6)
103-3B Individual may enter welfare-to-work plan 90 days after job search if job search initiated within 30 days after eligibility established (42-711.621, .622)
103-4 Upon completion of job search, participant is assigned to welfare-to-work activities (42-716.1, .11)
103-4A Unless otherwise exempted or excused, individuals must participate for a minimum average of 20 hours per week in specified core activities (42-716.2, 21 and .211)
103-4B After participating in at least 20 hours weekly in specified core activities, the remaining hours may consist of any listed welfare-to-work activities (42-716.22)
103-4C Specified non-core hours can count as core hours (42-716.23)
103-4D Additional conditions on counting hours spent in non-core activities as core hours (42-716.24)
103-6 Civil rights laws require changes to treatment of persons with learning disabilities in WTW; seven significant changes outlined (ACL 01-70)
103-6A Definition of “learning disabilities” (ACL 01-70, 04-48; 42-701.2(l)(2))
103-6B Definition of “screening” (ACL 01-70)
103-6C Definition of “reasonable accommodations”; judgments must be specific to individual's needs, and free of cost (ACL 01-70)
103-6D New WTW participants must be offered screening no later than assessment (ACL 02-64)
103-7 County responsibilities when person is identified with a learning disability (ACL 01-70)
103-8 Responsibility to screen new and current WTW persons for learning disabilities; how participants with LEP are treated (ACL 01-70, 02-64)
103-8A Counties must offer a screening for learning disabilities at first welfare to work contact (42-722.11, .13; ACL 04-48)
103-8B Participants who request a learning disabilities screening must be screened before assignment to welfare to work activity (42-722.14; ACL 04-48)
103-8C Counties must evaluate limited English proficient participants for learning disabilities (42-722.15; ACL 04-48)
103-9 No sanction if person declines learning disabilities screening or evaluation, but county must inform person of consequences (42-722.21, .22; ACL 04-48)
S103-9 No sanction if person declines learning disabilities screening or evaluation, but county must inform person of consequences (ACL 01-70)
103-10 Referral process for evaluation of persons with suspected learning disabilities (42-722.41, .42; ACL 04-48)
S103-10 Referral process for evaluation of persons with suspected learning disabilities (ACL 01-70; 42-711.58)
103-10A Participants found to have potential learning disabilities and agree to evaluation must be evaluated for learning disabilities before assessment (42-722.44, .45; ACL 04-48)
103-10B Counties must offer learning disabilities screening to exempt volunteers and working welfare to work participants; participants screened only once, not annually (ACL 04-48)
103-11 County duties when it receives learning disabilities evaluation (ACL 01-70)
103-12 Person with learning disabilities' right to appeal, file discrimination (ACL 01-70; 42-711.582, 21-203)
S103-12A Persons who filed fair hearing requests pre-10/17/01 do not lose their rights to have the provisions of ACL 01-70 applied to them (ACL 02-64)
103-13 Determining whether job search should be the first WTW activity (ACL 01-70; 42-711.53)
S103-14 Retrospective adjustment of time clock for persons with learning disabilities who have been improperly evaluated (ACL 04-48; 42-722.81-.84)
103-15 Most learning disability persons can participate in WTW but some may be exempt if verification by health care professional is provided (ACL 01-70; 42-712.44, 42-701.2(d))
103-16 Counties must allow on-line courses as an activity if they are consistent with the participant’s assessment and participation can be verified (ACIN I-47-08)
103-16A Counties must apply their on-line course policies equitably to all participants (ACIN I-47-08)
104-1 Specific failures or refusals which will lead to a sanction (W&IC 11327.4(a); 42-721.22)
104-2 Good cause for failure or refusal to comply with program requirements (W&IC 11320.31, 11327.9; 42-721.311;.317, 42-721.32)
104-3 Disqualification period applies only to noncomplying person; length of disqualification (W&IC 11327.5(c), (d); 42-721.43, ACL 06-27; 08-38)
104-3A New recommended WTW 26 form for good cause determinations (ACL 03-59)
104-3B Required WTW 27 form explaining good cause determinations to recipients (ACL 03-59)
104-3C Any WTW sanction ends when non-complying individual complies (W&IC 11327.5)
104-3D County must use curing process in ACL 03-59 on all sanctions and notify individual of that process (ACL 06-27)
104-3E Once individual contacts county to discuss curing plan, it must schedule appointment to discuss plan within 10 days (ACL 07-04)
104-3F County must restore aid effective month following month individual contacts county to cure sanction and once activities are completed (42-721.481; ACIN I-30-09)
104-4 No instance of noncompliance if good cause established, or if no good cause but person agrees to, and fulfills, compliance plan (W&IC 11327.4(f), (g); 42-721.28)
104-4A Required WTW 32 form to explain compliance plans to avoid sanction (ACL 03-59)
104-4B When recipient considered to have complied with WTW (ACL 03-59)
104-4C Recipient may suggest activity for compliance process (ACL 03-59)
104-4D Instance of noncompliance counted if compliance corrected after 20-day period (ACL 03-59)
104-4E NA840A required notice to inform of county determination re good cause claim (ACL 03-59)
104-5 Requirements of 30-day advance notice, and scheduling of appointment within 20 days of notice, after county determination of no good cause for WTW failure or refusal to participate (W&IC 11327.4(b); 42-721.23, .24; ACL 08-38)
104-5A Lack of contact with or from person proposed to be sanctioned results in sanction (W&IC 11327.4(c), (d); 42-721.25, .26)
104-5B New NA 840 requirements for county (ACL 03-59)
104-6 Sanction procedures for second parent in a two-parent assistance unit (ACL 04-47)
S104-6 Prior GAIN sanctions do not count for CalWORKs purposes (AC 00-23)
104-6A Second parent may not receive exemption for caring for ill/incapacitated person or child under six months when first parent has been sanctioned (42-721.45, .453)
S104-7 Rules regarding curing a sanction prior to quarterly reporting (ACL 03-59)
S104-7A Rules regarding curing a sanction beginning with quarterly reporting (ACL 03-59)
104-8 Good cause for not participating in WTW activities (42-713.2)
104-9 Federal law prohibits sanctioning single parent with child under six if no child care available (ACL 03-59)
105-1 General rules for SIP participation; most graduate students excluded from SIPs (W&IC 11325.23; ACL 99-32; 42-711. 541, .542)
105-2 Instances in which an SIP will lead to employment (W&IC 11325.23(a)(3)(A), (B); 42-711.543; ACL 99-32)
105-2A County must establish criteria for approving proposed SIPs not on County list, and making criteria known to participants (ACL 99-32; 42-711.543(b))
105-3 SIP participant may be required to participate in work activities if SIP does not require 32 weekly hours of participation but work activities should not interfere with SIP (W&IC 11325.23(a)(3)(C), 11320.31(f), 11322.8; 42-711.544; ACL 99-32)
105-3A When county and participant disagree on meeting 32-hour SIP requirement, participant may have independent assessment and then a state hearing if there has been a referral to an independent assessor, or a state hearing immediately if there has been no referral (42-711.556, 42-711.557; ACL 99-32)
105-3B Special classes or tutorials necessary for learning disabled SIP participant count towards 32-hour weekly participation requirement (ACL 99-32; 42-711.58, 42-711.544)
105-4 “Enrolled” defined for SIP purposes (42-711.541, .547, .549; ACL 99-32)
S105-5 SIP cannot be denied solely because it cannot be completed within the individual’s WTW activity time period (ACL 99-32; 42-711.541)
105-6 Recipients in certain unapprovable SIPs must be given the chance to complete the quarter or semester, and can receive supportive services during that time (ACL 99-32;