63-023 IMPLEMENTATION OF PROVISIONS OF THE MICKEY LELAND 63-023

CHILDHOOD HUNGER RELIEF ACT (P.L. 103-66)

.1 County welfare departments (CWDs) shall implement any changes in regulatory provisions based on the effective date of these amendments regardless of budgeting method.

.2 Section 63-023; Sections 63-102i.(4), and t.(5); Sections 63-402.146, .42, .421, .62, and .621(b); Sections 63-407.811(c)(1)(B) and .832; Sections 63-501.3(k)(16) and (16)(A), .521(h), .522, .522(a) and (b), .524 and .524(a), .525, and .526; Sections 63-502.2(b)(2)(C) and (D), and (i); Sections 63-503.13, .471, and .472; Sections 63-504.311(e)(1) and .618(c) and (e); Section 63-805.1; and Handbook Section 63-1101.23, as amended herein, shall become effective September 1, 1994.

.3 For all food stamp applicants, the regulations become effective on September 1, 1994. Restored benefits are to be provided back to the date of application or September 1, 1994, whichever occurred later.

CALIFORNIA-DSS-MANUAL-FS

MANUAL LETTER NO. FS-97-02 Effective 7/1/97

Page 16.4

FOOD STAMP REGULATIONS

Regulations FOOD STAMP IMPLEMENTATION SCHEDULE 63-024

63-023 IMPLEMENTATION OF PROVISIONS OF THE MICKEY LELAND 63-023

CHILDHOOD HUNGER RELIEF ACT (P.L. 103-66) (Continued)

.4 For continuing cases, these provisions shall be implemented upon request by the household, at recertification, when the case is next reviewed, or when the county welfare department becomes aware that a review is needed, whichever occurs first.

.5 Sections 63-102h.(1) and 63-502.2(j), as amended herein as a result of Hamilton v. Madigan (9th Cir. 1992) 961 F.2d 838 and the subsequent district court orders in Hamilton v. Lyng, were effective with the August 1, 1988 allotments. Food Stamp benefits are to be restored retroactive to July 1, 1988 to recipients whose allotments were reduced, suspended or terminated because the homeless assistance they received was counted as income. AFDC homeless assistance payments are to be excluded from income in any state hearing decisions regardless of whether the CWD action occurred before or after the effective date of the injunction. This would include cases pending back to February 1, 1988.

NOTE: Authority cited: Sections 10554 and 18904, Welfare and Institutions Code. Reference: Public Law 103-66, Section 13971(b)(4); U.S.D.A. Food and Nutrition Service Administrative Notice 94-39; and the July 8, 1988 and July 26, 1988 district court orders in Hamilton v. Lyng.