ParaRegs-CalWORKs- Intercounty Transfers Etc.

 

Code

Effective

ParaReg Text

020-1



When a CalWORKs (formerly AFDC) applicant moves from one county to another to make his/her home after an application has been signed or restoration requested in the first county, the first county shall complete the determination of eligibility or ineligibility. If eligibility exists, this county shall authorize aid and certify the applicant for medical assistance, or if indicated, certify him/her as a Medically Needy person eligible for medical assistance. Intercounty transfer is then initiated with the county in which the recipient is making his/her home. (§40-125.5)

020-2



A CalWORKs (formerly AFDC) intercounty transfer is initiated immediately when the first county is notified that the recipient has moved his/her permanent residence to another county. (§40-189.21, renumbered to §40-190.1 effective May 1, 1997)

020-3



The first county, the county currently paying CalWORKs (formerly AFDC) aid or certifying for medical assistance, is responsible for notifying the second county of the recipient's move to that county, in writing or by electronic data transfer. (§40-195.211, modified and renumbered to §40-195.11, effective May 1, 1997)

020-3A

ADDED 6/04

 

When a CalWORKs recipient moves from one county to another and the recipient's CalWORKs benefits are discontinued, the county may not require the individual to reapply for Medi-Cal or complete a redetermination based solely on the move from one county to another.

 

When the receiving county determines that the CalWORKs recipient failed to meet CalWORKs requirements, or is otherwise ineligible for CalWORKs during the inter-county transfer period, the CalWORKs case will not be authorized in the receiving county.  The sending county will discontinue CalWORKs and convert the cast to aid code 38 pending authorization of Medi-Cal in the receiving county.

 

A referral to the receiving county for a Medi-Cal ICT for persons discontinued from CalWORKs is not required when the discontinuance was due to loss of California residency, incarceration, death, or if the person is transitioning into another public assistance program that provides Medi-Cal benefits such as SSI/SSP or IHSS.

 

(All-County Letter 04-14, April 14, 2004)

020-4A



The expiration of the intercounty transfer (ICT) period occurs at the end of the month following the 30-day transfer period after the first county either mails or electronically transfers the notification of the ICT to the second county, or the end of the month in which aid is discontinued for cause, by mutual agreement of the counties involved, whichever date is earliest. (§40-187.12)

020-5



There is no need for a new application where there is a transfer between CalWORKs (formerly AFDC)-Family Group/Unemployed and CalWORKs-Foster Care and vice versa. (§40-121.32)

020-6



An intraprogram status change is to be initiated when there is a change from CalWORKs (formerly AFDC)-Foster Care to CalWORKs-Family Group or CalWORKs-Unemployed. (§40-183.1) There is no necessity for a new application. (§40-121.32)

020-7



In processing Medi-Cal applications, the county is to advise applicants who appear to be eligible for a CalWORKs (formerly AFDC) cash grant of their potential eligibility and the application should be processed under the CalWORKs cash grant program if the applicant so desires. The fact that the applicant was advised of potential CalWORKs cash eligibility shall be documented in the case file. (Title 22, California Code of Regulations, §50153)

020-8

REVISED 2/05

There shall be no interruption or overlapping in payment of aid as a result of a recipient moving from one county to another to make his/her home. (§40-187.21, renumbered to §40-190.2 effective May 1, 1997)

 

The second county shall establish the recipient’s quarterly reporting cycle which may differ from the first county’s quarterly reporting cycle (§40-190.21)

 

The first county is responsible for determining eligibility and payment during the "transfer period". (§40-190.22)

020-8A

ADDED 2/04

 

When a recipient reports moving to another county, counties must follow inter-county transfer (ICT) rules found at MPP §§40-187 through 40-197.  For food stamp purposes, the recipient’s must reapply for food stamps in the second county.  However, the first county will discontinue food stamps to coincide with the transfer period of the CalWORKs case.  Thus if a recipient informs county A on February 5 that she moved to county B, county A will discontinue food stamps effective March 31 to coincide with the transfer of the CalWORKs case.

 

When a recipient moves from County A to County B, when County B assumes responsibility for the newly transferred case, County B will establish the new benefit amount based on their budgeting method and using their reporting cycle.  When a case is transferred from a QR/PB county to a retrospective budgeting county (MRRB), the MRRB county must use prospective budgeting to determine the first two months of aid/benefits, similar to how a new application is handled.

 

(All-County Letter No. 03-18, April 29, 2003, pp.36; All-County Information Notice I-54-03, August 27, 2003, question and answer 14)

020-9



When a first county places a child in a foster home in a second county, the first county retains responsibility for payment of aid. (§40-190.32, formerly §40-187.221)

020-10



When a CalWORKs (formerly AFDC) child moves intercounty to the home of his/her parent or relative, and (1) the parent or relative is receiving CalWORKs from the second county and requests continued CalWORKs for that child or (2) the parent or relative applies for that child, or that child and other persons, the responsibility of the counties during the transfer period (as defined in §40-187.15) is as follows:

 

1.         If the new AU consists of the transferred child plus one or more aid applicants, the first county is responsible for eligibility and aid payment, including adding new applicants to the AU;

 

2.         If the new AU consists of the transferred child and persons currently aided in the second county, the second county is responsible for eligibility and aid payment, including adding transferred persons to the existing AU.

 

(§40-187.222, effective January 1, 1997, revised to §40-190.222, effective August 21, 2002)

020-11



In intercounty transfer cases, the county in which the AU resides is responsible for the HA eligibility determination and HA payment from the date of the request. For HA purposes, an AU resides in the county in which the AU is physically located and intends to reside. (§44-211.515, effective January 1, 1997)

020-12



Eligibility for and the amount of payment for HA shall be determined using the MAP amount for the county where the AU resides, as defined in §44-211.515. (§44-211.515(a), effective January 1, 1997)

021-1

REVISED 8/04

In monthly reporting, CalWORKs (formerly AFDC) recipients are required to submit a reporting form known as the CA 7 on a monthly basis. The report is due by the fifth day of each calendar month but may not be submitted before the first day of the calendar month.

 

In quarterly reporting, CalWORKs recipients must submit the QR 7 on a quarterly basis.  The QR 7 is due on the fifth day of the QR Submit Month.

 

(§40-181.22)

021-2



If the CalWORKs (formerly AFDC) recipient fails to submit a completed CA 7/QR 7 form by the eleventh of each month/QR Submit Month, the county is to send or give the appropriate discontinuance notice. The county is to attempt to make a personal contact with the recipient either by telephone or in a face-to-face interview, during which the recipient must be reminded that a complete CA 7/QR 7 must be received by the county no later than the first working day of the payment month/QR Payment Quarter. If the personal contact is unsuccessful, a reminder notice shall be mailed no later than five days prior to the last calendar day of the report month/QR Submit Month. The reminder notice must be sent in a separate envelope from the discontinuance notice. The county shall document in the case file how and when the contact was attempted or made. If on or before the first working day of the payment month the recipient submits a completed CA 7/QR 7 form, the county is to rescind its discontinuance action. (§40-181.22)

021-4



A recipient who is a sponsored alien shall report the income and resources of the sponsor. The recipient shall submit a completed CA 72/QR 72 form reporting the income and resources of the sponsor. The recipient is responsible for obtaining all information necessary to complete the CA 72/QR 72 and for obtaining any cooperation necessary from the sponsor. The failure to provide a completed CA 72/QR 72 on or before the first calendar day of the payment month/QR Payment Quarter shall result in discontinuance for those members of the AU who are sponsored aliens. (§40-181.25)

021-5



A CalWORKs (formerly AFDC) recipient may have good cause for failure to submit a complete CA 7/QR 7 form in a timely fashion. Good cause exists only when the recipient cannot reasonably be expected to fulfill his/her reporting responsibilities due to factors outside of the recipient's control, i.e., there is a mental or physical condition which prevents timely and complete reporting; when the failure is directly due to county error; or when other extenuating circumstances exist. The burden of the proof rests with the recipient. (§40-181.23)

021-6



When the CalWORKs (formerly AFDC) recipient has good cause for not reporting timely, the county shall rescind the discontinuance, or allow all appropriate earned income disregards, whichever is appropriate. (§40-181.234, formally amended effective July 1, 1998) Effective with the January 1, 1998 aid payments, there are no disregard penalties for late reporting. (All-County Letter No. 97-67, October 23, 1997; §§44-113.218, 40-181.234, effective July 1, 1998)

021-8



A complete CA 7 (the monthly income report) for CalWORKs (formerly AFDC) purposes is one which meets the following requirements:

 

(a)        A CA 7/QR 7 is complete if the date the CA 7/QR 7 is signed is no earlier than the first day of the report/submit month.  This requirement is met when the date entered on the CA 7/QR 7 by the recipient, together with other dated material provided with the CA 7/QR 7 and the date on which the County Welfare Department mailed or gave the CA 7/QR 7 to the recipient, clearly establishes that the CA 7 was signed no earlier than the first of the report/submit month.

 

(b)        A CA 7/QR 7 is complete when the address along with other information provided on the CA 7/QR 7 is sufficient for county administrative purposes, including the ability to locate the recipient.

 

(c)        A CA 7/QR 7 form is complete if it is signed by each natural or adoptive parent or aided spouse of a parent or other caretaker relative living in the home, unless an individual so specified is temporarily absent from the home.

 

(d)        [Reserved] [Prior to February 3, 1999, regulations provided that a complete CA 7 form must include the number of days and hours worked by a wage earner whose unemployment status constituted a basis of deprivation for at least one child in the Assistance Unit.]

 

(e)        In order for the CA 7/QR 7 form to be considered complete, the response to all questions pertaining to CalWORKs eligibility and grant amount must, together with the submitted evidence, provide sufficient information for the county to determine eligibility and/or grant amount.  Reported income shall include earned, unearned, exempt, and nonexempt income received during the budget month/QR Payment Quarter and income reasonably anticipated to be received during the next QR Payment Quarter.

 

(f)         Evidence shall be submitted with the CA 7/QR 7 to verify the gross amount of all earned income received and the date of receipt.  Evidence shall be submitted to verify the initial receipt of, or a change in the amount of, unearned income received.

 

(g)        A complete CA 7/QR 7 form must contain information which is consistent with other information which the county has verified to be accurate.

 

(h)        The CA 7/QR 7 shall include Form CA 72/QR 72 when the recipient is a sponsored alien.

 

(i)         The Supplemental Monthly Income Report (CA 73/QR 73) shall be submitted with the CA 7/QR 7 when the recipient is a minor parent who lives with his/her senior parent or legal guardian.  The completeness of the CA 73/QR 73 form shall be determined using the criteria for evaluating the completeness of the CA 7/QR 7.

 

(§40-181.241, as revised effective February 3, 1999 and applicable to QR 7 forms when the county implements the QR/PB process.)

022-1



An Intentional Program Violation (IPV) is a determination made by a state or federal court, or pursuant to an administrative disqualification hearing, including (effective July 1, 1998) any determination made on the basis of a plea of guilty or nolo contendere,  that an individual has intentionally:

 

(a)        Made a false or misleading statement or misrepresented, concealed or withheld facts; or

 

(b)        Committed any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity; and

 

(c)        Committed these acts to establish or maintain CalWORKs (formerly AFDC)  eligibility, or to increase or prevent a reduction in the amount of the CalWORKs  grant.

 

(§20-351.1i(1), Handbook §80-301i.(2))

022-2

REVISED 5/05

Individuals who are found by a state or federal court or by an administrative disqualification hearing to have committed a fraudulent act prior to January 1, 1998, shall be ineligible to receive CalWORKs as follows:

(1)        First violation, for six months.

(2)        Second violation, for twelve months.

(3)        Third violation, permanently.

 

These penalties are two years for the first violation, four years for the second violation and permanent for the third violation if the fraudulent act is one of the following:

 

(1)        Submitting more than one application for the same period of time and for the purpose of receiving more than one grant.

(2)        Submitting documentation for nonexistent children.

(3)        Submitting false documentation for the purpose of showing ineligible children to be eligible.  (Handbook Section 82-620.1 and Handbook Section 20-353.1)

 

Individuals found to have committed an IPV shall be ineligible to receive benefits for six months for the first, twelve months for the second, and permanently for the third violation. (§82-620.1)

 

These county imposed sanctions shall be in addition to, not in lieu of, any other court imposed penalties (§82-620.5); are subject to reversal only by a court of appropriate jurisdiction (§82-620.3); and the disqualification periods themselves are not subject to review or revision (§82-620.4).

022-3



The crime of welfare fraud, including both AFDC and FS fraud, requires proof that the individual charged was not entitled to the benefits received. (People v. Ochoa (1991) 231 Cal.App.3d 1413, 282 Cal.Rptr. 805)

 

 

 

022-4

 

 

Program staff (e.g., eligibility workers) and program supervisors must ensure that applicants and recipients understand the penalties involved for misstating or not reporting relevant facts. "This responsibility should be reviewed with the applicant/recipient regularly as a reminder or to clear up any misunderstanding." (§20-005.311)

022-5



Program staff and program supervisors are responsible for determining eligibility and the correct benefit amount for all recipients. They must ensure that applicants and recipients understand their responsibility for providing correct and complete data and for promptly reporting facts required for the correct determination of eligibility and the benefit amount. (§20-005.311)

 

Program staff are also responsible for taking prompt action on information received and for relating information received which may affect future eligibility or need. (§20-005.312)

 

When it is known that recipients have a problem in reporting changes, more frequent contact may minimize the problem when there is reasonable doubt as to eligibility or benefit level. This type of follow-up of information to prevent possible fraudulent action by the recipient is a recognized "helping" process for which program staff are responsible. (§20-005.313)

022-6



The fraud penalties set forth in Handbook §§20-353.2 through .261 shall apply only to individuals committing an IPV act on or after January 1, 1998. These new penalties are also imposed when IPV acts began prior to January 1, 1998 and continued past that date. (§20-353.3, effective July 1, 1998)

022-6A

ADDED 5/05

 

An individual is permanently ineligible for CalWORKs if he or she is found to have committed any one of the following fraudulent acts on or after January 1, 1998, by a state or federal court, including any determination made on the basis of a plea of guilty or nolo contendere, or through an administrative disqualification hearing:

(a)        Made fraudulent statements or representations regarding their place of residence in order to receive assistance simultaneously from two or more states or counties.

(b)        Submitted false documentation for nonexistent or ineligible children.

(c)        Received cash benefits in excess of $10,000 through fraudulent means.

(d)        Convicted of a felony in a state or federal court, including a plea of guilty or nolo contendere, for receipt or attempted receipt of cash benefits in excess of $5,000 through fraudulent means.

(e)        Third violation for any of the following acts:

1)         Making false or misleading statements or misrepresenting, concealing, or withholding facts;

2)         Committing any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity.

(f)         Third violation for fraudulently submitting more than one application for the same type of aid for the same period of time, for the purpose of receiving more than one grant of aid, in order to establish or maintain the families eligibility for aid, or increasing, or preventing reduction in the amount of that aid. 

(Handbook Section 20-353.21)

022-6B

ADDED 5/05

 

An individual is ineligible for CalWORKs for a period of five years if he or she is convicted of a felony in a state or federal court, including any determination made on the basis of a plea of guilty or nolo contendere, for an act committed on or after January 1, 1998, that does not meet the permanent penalty criteria and the overpayment is more than $2,000 but less than $5,000.  (Handbook Section 20-353.22)

022-6C

ADDED 5/05

 

An individual is ineligible for CalWORKs for a period of four years for the second violation, which occurred on or after January 1, 1998, of fraudulently submitting more than one application for the same type of aid for the same period of time, for the purpose of receiving more than one grant of aid, in order to establish or maintain the families eligibility for aid, or increasing, or preventing reduction in the amount of that aid.  (Handbook Section 20-353.23)

022-6D

ADDED 5/05

 

An individual is ineligible for CalWORKs for a period of two years:

 

(a)        If he or she is convicted of a felony in a state or federal court, including any determination made on the basis of a plea of guilty or nolo contendere,  for an act committed on or after January 1, 1998, that does not meet the permanent penalty criteria and the overpayment is less than $2,000.

 

(b)        For the first violation, on or after January 1, 1998, of fraudulently submitting more than one application for the same type of aid for the same period of time, for the purpose of receiving more than one grant of aid, in order to establish or maintain the families eligibility for aid, or increasing, or preventing reduction in the amount of that aid.  (Handbook Section 20-353.24)

022-6E

ADDED 5/05

 

An individual is ineligible for CalWORKs for a period of twelve months for the second violation, which occurred on or after January 1, 1998, of either of the following acts committed for the purpose of establishing or maintaining the family's eligibility for aid or increasing, or preventing a reduction in, the amount of that aid:

 

(a)        Making false or misleading statements or misrepresenting, concealing, or withholding facts;

 

(b)        Committing any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity.  (Handbook Section 20-353.25)

022-6F

ADDED 5/05

 

An individual is ineligible for CalWORKs for a period of six months for the first violation, which occurred on or after January 1, 1998, of either of the following acts committed for the purpose of establishing or maintaining the family's eligibility for aid or increasing, or preventing a reduction in, the amount of that aid:

 

(a)        Making false or misleading statements or misrepresenting, concealing, or withholding facts;

 

(b)        Committing any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity.  (Handbook Section 20-353.26)

022-7



The same IPV act repeated over a period of time shall not be separated so that separate penalties can be imposed. (§20-353.7),

022-8



The County Welfare Department shall provide all applicants with a written notice of the disqualification penalties for IPVs under this section at the time of application. (§22-310, effective January 5, 1995)

022-9

ADDED 5/05

 

If the individual is not eligible for CalWORKs at the time the disqualification period is to begin, the period is to be postponed until the person applies for and is determined to be eligible for aid.  (Section 20-353.5)

024-1



The following individuals are excluded by law from the CalWORKs AU:

 

1.         Persons fleeing to avoid prosecution, or custody and confinement after conviction, for a crime or attempt to commit a crime that is classified as a felony.  The existence of an arrest warrant is presumed to be evidence of fleeing, which can be rebutted if the individual can show he/she did not know that law enforcement was seeking him/her.

 

2.         Persons violating a condition of probation or parole imposed under federal or state law, whether or not the initial offense was a felony.

 

(W&IC §11486.5(a); §82-832.19, amended and renumbered to §82-832.1(i) and (j) effective May 1, 1999, and t