ParaRegs-Food-Stamps-CA7s

221      Completeness / Timeliness

222      Verification

223      Notice to recipient

 

226      Nonmonthly reporting households

227      QR 7s

 

Code

Effective

ParaReg Text

221-1

REVISED 8/04

Under MR/RB, the county shall terminate a monthly reporting household's participation in the FS Program if the household fails to submit a complete CA 7 form by the extended filing date. (§63-504.361(b) prior to implementation of QR/PB in the county)

221-2

REVISED 8/04

 

Under MR/RB, an essential element of a complete CA 7 is that it be dated no earlier than the first of the report month. This requirement is met when the date entered on the CA 7, together with other dated material provided with the form, and the date on which the county mailed or gave the form to the household clearly establishes the month and year to which the CA 7 applies. (§63-504.321 prior to the implementation of QR/PB in the county)

221-2A

REVISED 4/04

 

Under MR/RB, to be considered complete, the CW 7 must be signed by the head of the household, authorized representative, or responsible household member.  (63-504.323 prior to the implementation of QR/PB in the county)

221-3

REVISED 8/04

Under MR/RB, all questions and items pertaining to FS eligibility and benefit levels must be fully answered on the CA 7 form and provide the county with the information to correctly determine eligibility and benefit level (except those specified in §§63-504.324(c) and (d), and 63-505.311 prior to the implementation of QR/PB in the county). To be considered fully answered, the information on the CA 7, together with attached documentation, must provide sufficient information to allow for the determination of eligibility and/or benefit level. (§63-504.324 prior to the implementation of QR/PB in the county)

221-4

REVISED 8/04

Under MR/RB, except for certain designated households who are excluded from monthly reporting and retrospective budgeting, all households participating in the FS Program shall report household circumstances on the CA 7 as a condition of eligibility. Households shall not be required to submit any reports of changes other than on the CA 7. (§63-505.2 prior to the implementation of QR/PB in the county)

221-5

REVISED 2/05

The "extended filing date" in a monthly reporting system is defined as the close of business on the first working day of the issuance month and is the final date by which the household must submit a complete CA 7, including all required verification, without penalty of termination of eligibility or disallowance of deductions.

 

In a quarterly reporting system, the "extended filing date" is the close of business on the first working day of the new QR quarter and is the final date the household must complete the QR 7 including all required verification, without penalty of termination of eligibility or disallowance of deductions.

 

(§63-102(e)(5))

221-6



Federal regulations provide that the state agency shall provide special assistance in completing and filing monthly reports (in states which adopt monthly reporting and retrospective budgeting) to FS households whose adult members are all either mentally or physically handicapped or are non-English speaking or otherwise lacking in reading and writing skills such that they cannot complete and file the monthly reports. (7 Code of Federal Regulations §273.21(c)(7))

221-7



Federal regulations provide that when an eligible FS household (HH) which has been terminated for failure to file a complete monthly report, files the report after its extended filing date, but before the end of the issuance month, the state agency may choose to reinstate the HH and allow it to participate.

If the HH has requested a fair hearing on the basis that a complete monthly report was filed, the state agency shall reinstate the HH if a completed monthly report is filed before the end of the issuance month.

(7 Code of Federal Regulations §273.21(k)(2)(ii))

221-8



Federal regulations require that the state agency's monthly report form shall meet the bilingual requirements described in 7 Code of Federal Regulations (CFR) §272.4(b). (7 CFR §273.21(h)(2)(ii))

221-9

REVISED 8/04

 

The following households are excluded from monthly reporting and retrospective budgeting prior to QR/PB and excluded from quarterly reporting when QR/PB is implemented in the county:

 

.211     "Migrant farmworker" households (§63-102(m))

 

.212     "Seasonal farmworker" households (§63-102(s))

 

.213     Households with no earned income, and in which all adult members are "elderly or disabled" (§63-102(e))

 

.214     Households in which all members are "homeless" (§63-102(h)(1))

 

.215     Households residing on Indian reservations.

 

(§63-505.21)

222-1

REVISED 8/04

Under MR/RB, the county shall require households to submit verification of the items listed in §63-504.341 with the CA 7. If the household submits the CA 7 by the date the county mails the notice, but fails to provide the required verification/information with the CA 7, the county shall notify the household of the need to submit the missing verification by the extended filing date. If the household fails to provide the missing verification pertaining to deductions by the extended filing date, the county shall not consider the CA 7 incomplete, but shall instead disallow any deduction for which the household has not provided verification. (§63-504.34 prior to the implementation of QR/PB in the county)

222-2

REVISED 8/04

 

Under MR/RB, the household shall provide verification of the following items with the CA 7:

 

(a)        Dependent care costs which have changed, or when there is questionable information.

 

(b)        Medical expenses, if those expenses would increase the household's allotment.

 

(c)        Utility costs which entitle the household to the Standard Utility Allowance (SUA) when first allowed and when the household moves.

 

(d)        Actual utility costs if the household is claiming the actual expenses, when first allowed as a deduction, or if a change in amount is reported, or when there is a move.

 

(e)        Expenses incurred in producing self-employment income.

 

(f)         Residency, when changed.

 

(g)        Social Security numbers, or citizenship or alien status when there is a change.

 

(h)        A change in the legal obligation to pay child support to a person not in the FS household, or an increase in the amount of child support payments.

 

(§63-504.341 prior to implementation of QR/PB in the county)

222-3

REVISED 8/04

Under MR/RB, if the household submits information and/or verification with the CA 7 which the county determines to be questionable, in accordance with §63-300.53 [actually §63-300.5(g), effective February 21, 2002], the county shall notify the household and allow the household until the extended filing date to submit the necessary verification/clarification. If the household fails to submit the necessary verification/clarification by the extended filing date, the county shall act on the reported verification if it results in a decrease in benefits, or not act on the reported information if it results in an increase. (§63-504.343 prior to the implementation of QR/PB in the county; 63-300.53, revised to §63-300.5(g))

222-4

REVISED 8/04

Under MR/RB, a complete CA 7 form must include verification of gross nonexcluded earned income each month and verification of nonexcluded unearned income when first reported and when there is a change. This requirement does not apply to child/spousal support disregard payments or PA, GA, FC, RCA, or ECA payments paid by the county. (§63-504.325 prior to the implementation of QR/PB in the county)

222-5

REVISED 8/04

Under MR/RB, if the Standard Utility Allowance is claimed, the CA 7 shall provide verification when the Standard Utility Allowance is first allowed and when the household moves. (§63-504.341(c), as renumbered effective January 1, 2002 prior to the implementation of QR/PB in the county)

222-6



In order to comply with the Saldivar v. McMahon court order, counties must ensure that any CA 7 which is complete, as defined by §63-504.32, be processed.  This includes the processing of a reported and verified income change.  In all cases where the CA 7 is complete for FS, the county shall take the appropriate action on all reported and verified income changes or other eligibility factors.

 

If the CA 7 is complete, but missing information/verification of a deduction(s), the county shall use either Option 1 or 2.

 

Option 1:  The county must act upon a complete CA 7 which reports changes in income or other eligibility factors, but will not disallow any unverified deduction(s).

 

If income or other eligibility factors are involved, send a timely Notice of Action (NOA) informing the household that the allotment has changed, based on reported and verified information.  The allotment amount should be computed using previously verified deduction amount(s).  Also check the “Proposed Change in Benefits” box as a reminder to the household that verification/information of a claimed deduction is missing.

 

-           If verification/information is received too late to effect any resultant decreases, the county shall issue the amount shown on the timely notice without disallowing the unverified deduction.

 

If no change in income has occurred, send a timely NOA, checking only the “Proposed Change in Benefits” box as a reminder to the household that verification/information of deduction(s) is missing.

 

-           If verification/information is received too late to effect any resultant decreases, issue previous month’s allotment.

 

Option 2:  The county must act upon a complete CA 7 which reports changes in income or other eligibility factors, and will disallow any unverified deduction(s).

 

If income or other eligibility factors are involved, send a timely NOA (may be a combination NOA and reminder notice) informing the household that the allotment has changed because of increased income and also reflects the disallowance of the unverified deduction(s).

 

-           If verification/information is received before the extended filing date, issue a supplement to reflect correct deduction amount(s) if the county cannot include the supplement in the household’s normal issuance.

 

If no change in income has occurred, send a timely NOA informing the household of the effect of the disallowance of the unverified deduction(s) on the allotment amount.

 

-           If verification/information is received before the extended filing date, issue a supplement to reflect the correct deduction amount(s) if the county cannot include the supplement in the household’s normal issuance.

 

Each county using Option 2 must ensure that the NOA is timely, and the explanation is adequate.  This means that the notice must inform the household in easily understood language, of the reason for the proposed change; how to remedy the negative action, if appropriate, and the effect the remedy will have on the allotment level; what the extended filing date is; and that the county will do to assist the recipient, if necessary.

 

(All-County Letter No. 84-74, July 11, 1984)

222-7

REVISED 8/04

 

Under MR/RB the county may elect to require verification of housing costs when first allowed as a deduction, and when there is a move, "as specified in Section 63-300.52". (§63-504.342, effective January 1, 2000 prior to the implementation of QR/PB in the county. There has been no §63-300.52 since February 21, 2002.)

223-1

REVISED 8/04

Under MR/RB, the county shall require households to submit verification of the items listed in §63-504.341 with the CA 7. If the household submits the CA 7 by the date the county mails the notice, but fails to provide the required verification/information with the CA 7, the county shall notify the household of the need to submit the missing verification by the extended filing date. If the household fails to provide the missing verification pertaining to deductions by the extended filing date, the county shall not consider the CA 7 incomplete, but shall instead disallow any deduction for which the household has not provided verification. (§63-504.34 prior to implementation of QR/PB in the county)

223-3

REVISED 8/04

The Notice of Action sent when the household fails to file a CA 7/QR 7 by the 11th of the report/submit month or files an incomplete CA 7/QR 7 shall include:

 

(a)        That the CA 7/QR 7 is overdue or incomplete.

 

(b)        What the household must do to complete the CA 7/QR 7.

 

(c)        What verification is missing and the effect on the household's benefit level.

 

(d)        That the SSN of a new member must be reported.

 

(e)        The extended filing date.

 

(f)         That the county will assist the household in completing the report.

 

 (§63-504.271 prior to the implementation of QR/PB; §63-508.61 effective July 1, 2004 )

226-1

REVISED 8/04

 

The following households are excluded from monthly reporting and retrospective budgeting prior to QR/PB and from quarterly reporting with the implementation of QR/PB in the county:

 

.211     "Migrant farmworker" households (§63-102(m))

 

.212     "Seasonal farmworker" households (§63-102(s))

 

.213     Households with no earned income, and in which all adult members are "elderly or disabled" (§63-102(e))

 

.214     Households in which all members are "homeless" (§63-102(h)(1))

 

.215     Households residing on Indian reservations.

 

(§63-505.21)

226-1A

ADDED 8/04

 

Change reporting household means a household consisting of seasonal and/or migrant farmworkers, all elderly or disabled individuals or households with all homeless individuals.  These household are required to report income, resource and household circumstance changes within 10 days of the occurrence. Benefits are increased or decreased based on these reported changes. (§63-102(c)(11)

227-1

ADDED 2/04

 

AB 444 requires the CDSS to replace the current monthly reporting/retrospective budgeting system (MRRB) with a Quarterly Reporting/Prospective Budgeting system (QR/PB) for CalWORKs.  This bill also requires CDSS to adopt the QR/PB system in the food stamp program to the extent permitted by federal law and regulations. AB 444 also directs the Department to implement the statute initially through All County Letter followed by emergency regulations. (All-County Letter No. 03-18, April 29, 2003, pages 1-2)

227-1A

ADDED 8/04

 

Monthly Reporting/Retrospective Budgeting (MR/RB) subsections shall become inoperative and Quarterly Reporting/Prospective Budgeting (QR/PB) subsections shall become operative in the county on the date QR/PB becomes effective in that county pursuant to the California Department of Social Services CDSS Director's QR/PB declaration. 

 

With the exception of nonmonthly reporting households (now called change reporting), all QR/PB regulations must be applied to food stamp households no later than July 1, 2004.

 

(§63-034.2, .3)

227-2

REVISED 5/05

 

The following terms apply in the QR/PB reporting system:

 

CWD Initiated Mid-Quarter Actions-Changes in eligibility status based on case information that the county is required to act on mid-quarter. (63-102(c)(13))

 

 

Income Reporting Threshold (IRT)-A mandatory mid-quarter reporting requirement for CalWORKs cases only. The IRT is 130% of the Federal Poverty Level (FPL) or the level at which the assistance unit becomes financially ineligible.  It applies when anyone in the assistance unit or person who is included in the family MAP has earned income or begins receiving earned income.  In such case, the assistance unit must report within 10 days when combined earned and unearned income exceeds the IRT.

(§63-102(i)(6))

 

Mandatory Recipient Mid-Quarter Reporting-Reports the recipient is required to make within 10 days of the date the change becomes known to the household. (§63-509(b)(1))

 

 

QR/PB Implementation Month-The month all county cases are converted to prospective budgeting. (§63-102(q)(1))

 

QR Data Month-The month for which the recipient reports all information necessary for the county to determine eligibility.  It is the second month in the quarter. (§63-102(q)(2))

 

QR Payment Quarter-The future quarter in which benefits are paid/issued.  It begins the first day following the QR Submit Month. (§63-102(q)(4))

 

QR Submit Month-The month in which the recipient must submit the QR 7 to the county.  It is the third month in each quarter. (§63-102(q)(5)

 

Reasonably Anticipated Income-Income that has been or will be approved or authorized as of a date within the upcoming QR Payment Quarter, or household is otherwise reasonably certain that the income will be received within the quarter; and the amount of income is known.  (§63-102(r)(1) also includes reasonably anticipated expenses)

 

Voluntary Recipient Mid-Quarter Reports-Mid-quarter changes in income and circumstances that the recipient may make in writing, verbally or in person during the quarter.  Counties may only take action to increase benefits based on voluntary mid-quarter reports.  Counties may not decrease benefits based on voluntary mid-quarter reports. (§63-509(d))

 

227-2A

ADDED 8/04

 

Mid-quarter change means any change reported during the QR Payment Quarter that is outside the QR 7 report process.  There are two types of mid-quarter reports: (1) mandatory reports the household must make within 10 days and (2) voluntary reports the household may make at any time during the quarter.  The county shall only take action to increase benefits as a result of a voluntary report and shall take no action to decrease benefits. (§63-102(m)(7))

227-3A

ADDED 8/04

 

Under QR/PB, except for certain designated households who are excluded from quarterly reporting, all households participating in the FS Program shall report household circumstances on the QR 7 as a condition of eligibility. Households will also be required to report changes as specified in §§63-508 and 63-509, other than on the QR 7. (§63-505.2 effective July 1, 2004)

227-3B

ADDED 8/04

 

Eligibility and benefit amounts will be determined on a quarterly basis from information reported by the recipient on the QR 7, using prospective budgeting.  The QR 7 will be required to be submitted once per quarter, in the third month of the quarter. (§63-508.11,.12)

227-3C

ADDED 8/04

 

Counties shall ensure that households receive the QR 7 at the end of the QR Data Month and no later than the first day of the QR Submit Month.  Information reported on the QR 7 shall be used to determine eligibility and to prospectively budget income to determine the benefit level for the upcoming QR Payment Quarter.  (§63-508.31)

227-3D

REVISED 11/05

 

Recipients will be required to report on the QR 7 all income received for the QR Data Month, any changes in household composition or property since the last Data Month and any changes in income the recipient anticipates will occur in the upcoming QR Payment Quarter.  (§63-508.321)

227-3E

ADDED 8/04

 

An essential element of a complete QR 7 is that it be dated no earlier than the first of the submit month. This requirement is met when the date entered on the QR 7, together with other dated material provided with the form, and the date on which the county mailed or gave the form to the household clearly establishes the month and year to which the QR 7 applies.

 

This requirement shall not apply when the first day of the QR Submit Month falls on a non-postal delivery day; the QR 7 is mailed for delivery on the last postal delivery day of the QR Data Month; and the recipient signs and dates the QR 7 on or before the last day of the QR Data Month.

 

(§63-508.411)

227-3F

ADDED 8/04

 

To be considered complete, the QR 7 must be signed by the head of the household, authorized representative, or responsible household member.  (63-508.43)

227-3G

ADDED 8/04

 

All questions and items pertaining to FS eligibility and benefit levels must be fully answered on the QR 7 form and provide the county with the information to correctly determine eligibility and benefit level (except information regarding child/spousal support disregard payments) To be considered fully answered, the information on the QR 7, together with attached documentation, must provide sufficient information to allow for the determination of eligibility and/or benefit level. (§63-508.44)

227-3H

ADDED 8/04

 

The QR 7 form must include verification of gross nonexcluded earned income for the Data Month and verification of nonexcluded unearned income when first reported and when there is a change. This requirement does not apply to child/spousal support disregard payments or PA, GA, FC, RCA, or ECA payments paid by the county. (§63-508.45)

227-3I

REVISED 11/05

 

Questions on the QR 7 shall not be considered fully answered if situations such as, but not limited to the following exist:

 

·         The QR 7 does not include information on changes that the household has previously reported to have occurred; for example, an actual change that the household reported to the county by telephone mid-quarter was not included on the QR 7.

 

·         The QR 7 does not include information that was reported on the previous QR 7 and the household does not indicate a change has occurred (e.g., the household previously reported earnings from two sources and only reported income from one source on the current QR 7).

 

·         If elements pertaining to one program’s requirements are missing from the QR 7, the QR 7 shall be considered incomplete for that program only.

 

·         The county shall not consider the QR 7 incomplete if information regarding child support/spousal support disregard payments has not been included.

 

(§63-508.44)

227-4B