63-102 DEFINITIONS 63-102

(b) Section 63-102(b)(1)(MR) shall become inoperative and Section 63-102(b)(1)(QR) shall become operative in that county, pursuant to the Director’s QR/PB Declaration.

(MR) (1) "Beginning Months" in a retrospective budgeting system means the first month the household is certified for food stamps and the month thereafter. For households applying for food stamps and PA benefits at the same time, a third beginning month shall be assigned if necessary for the household to transition from prospective to retrospective budgeting during the same months for both food stamps and PA. The first beginning month cannot be any month which immediately follows a month in which a household is certified and subject to retrospective budgeting in any project area. The month following the month of suspension shall not be considered a beginning month.

(2) "Budget Month" in a retrospective budgeting system means the month from which income and other circumstances (except household composition) of the household are used to calculate the household's allotment for the corresponding issuance month.

(3) “Bulk storage point" means a location which receives and stores coupons from FNS for two or more CWDs and transfers them to issuance agents. It must report coupon inventories on the FNS-250. Coupons are not issued to recipients from bulk storage points.

(QR) (1) “Bulk storage point” means a location which receives and stores coupons from FNS for two or more CWDs and transfers them to issuance agents. It must report coupon inventories on the FNS-250. Coupons are not issued to recipients from bulk storage points.

(c) (1) "Calendar month" means a period running from the first of the month through the end of the month.

(2) "California Food Assistance Program (CFAP)" means the state program that provides Food Stamp Program benefits to noncitizens who were legally present in the United States prior to August 22, 1996, and have been determined ineligible for federal Food Stamp Program benefits due solely to their immigration status, as detailed in Section 63-405. The establishment of legal presence can be verified through INS at application. CFAP also provides Food Stamp Program benefits to certain noncitizens who are eligible for CFAP if they entered the U.S. on or after August 22, 1996 as specified in Section 63-403.1.

(3) "Categorical Eligibility" means being considered eligible for food stamps, as specified in Sections 63-301.6, .7 and .8, because of the household's eligibility for public assistance (PA) or general assistance (GA).

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(4) "Child/spousal support disregard payment" means those payments received from an absent parent, and issued to recipients of Aid to Families with Dependent Children (AFDC) in accordance with federal law, PL 98-369, Section 2640, of the Deficit Reduction Act (DEFRA). These payments are disregarded as income for the AFDC program, but shall be considered income for the Food Stamp Program.

(5) "Claims collection point" means an entity responsible for the collection of claims.

(6) "Combined Households" means those households which contain participants of the federal Food Stamp Program and CFAP.

(7) "Commercial boarding house" means an establishment licensed as an enterprise which offers meals and lodging for compensation and profit. In a county without licensing requirements, a commercial boarding house shall be defined as a commercial establishment which offers meals and lodging for compensation with the intent of making a profit. The number of boarders residing in a boarding house shall not be used to determine if a boarding house is a commercial enterprise.

(8) "Communal dining facility" means a public or nonprofit private establishment approved by FNS which prepares and serves meals for elderly persons, or for supplemental security income (SSI) recipients and their spouses; a public or private nonprofit establishment (eating or otherwise) that feeds elderly persons or SSI recipients and their spouses, and federally subsidized housing for the elderly at which meals are prepared for and served to the residents. It also includes private establishments which contract with a local agency to offer meals at concessional prices to elderly persons or SSI recipients and their spouses.

(9) "Compliance with CWD Time Limits" means taking action within the time frames specified. If the last day for taking action falls on a Saturday the CWD shall take action on or before that date. When the last day for taking action falls on a Sunday or other holiday, as specified in Government Code Sections 6700 and 6701, the CWD shall take action on the next normal working day except for expedited service time frames as specified in Section 63-301.531.

(10) "County agency (CWD)" means the agency of county government which has been delegated the responsibility for the administration of the federally aided public assistance programs within the county.

(11) Section 63-102(c)(11)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

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(QR) “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 households 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.

(12) Section 63-102(c)(12)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

(QR) "Conversion Factor" means a figure used to convert income paid on a weekly or bi-weekly basis to a monthly averaged figure. Weekly amounts are multiplied by 4.33 and bi-weekly amounts by 2.167.

(13) Section 63-102(c)(13)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director’s QR/PB Declaration.

(QR) "County Initiated Mid-Quarter Actions" means the changes in eligibility status based on case information that the CWD is required to act on mid-quarter such as sanctions, financial penalties, approval of benefits in another household, or the end of an inter-county transfer, or cost-of-living changes.

(14) "Coupon" means a type of certificate provided pursuant to the provisions of Division 63, Food Stamp Regulations, for the purchase of eligible foods.

(15) "Coupon issuer" means the CWD or any person, partnership, corporation, organization, or other entity with which a CWD has an CDSS approved contract for, or to which it has assigned responsibility for the issuance of coupons to households.

(d) (1) "Date of entry" or "Date of admission" means the date established by the Immigration and Naturalization Service as the date the sponsored alien was admitted for permanent residence.

(2) "Days" unless stated otherwise refers to calendar days.

(3) "Delinquent claim" is either a claim that has not been paid by the due date and a satisfactory payment arrangement has not been made, or a payment arrangement has been made and a scheduled payment has not been made by the due date.

(4) "Department" means the California Department of Social Services.

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(5) "Director" means the director of the California Department of Social Services.

(6) "Disaster" means one of two types of disasters which are:

(A) "Lesser disaster" means a disaster such as, but not limited to, a flood, fire, other catastrophe or temporary emergency that has not been declared a major disaster but is severe enough to have disrupted commercial channels of food distribution.

(B) "Major disaster" means one of the following occurrences which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby:

(i) any natural catastrophe (such as a hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm or drought); or

(ii) regardless of cause, any fire, flood, or explosion.

(7) "Disqualification Consent Agreement" means the DFA 478.

(8) "Drug addiction or alcoholic treatment and rehabilitation program" means any drug addiction or alcoholic treatment and rehabilitation program under Part B of Title XIX of the Public Health Service Act (42 USC 300x et seq.) conducted by a private nonprofit organization or institution or a publicly operated community mental health center.

(A) "Under Part B of Title XIX of the Public Health Service Act" (42 USC 300x et seq.) is defined as meeting the criteria which would make it eligible to receive funds, even if it does not actually receive funding under Part B of Title XIX.

(e) (1) "Elderly or disabled member" means a member of a household who:

(A) is 60 years of age or older;

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(B) receives Supplemental Security Income (SSI) benefits under Title XVI, or disability or blindness payments under Title II (Social Security Disability Insurance Program) of the Social Security Act;

HANDBOOK BEGINS HERE

.1 In accordance with Section 63-402.22, SSI recipients shall be included as a member of the household for purposes of household composition. However, they shall be excluded from the household for the purpose of determining household size, eligibility or benefit level.

HANDBOOK ENDS HERE

(C) receives disability retirement benefits from a governmental agency because of a disability considered permanent under Section 221(i) of the Social Security Act;

(D) receives interim assistance benefits pending receipt of SSI, provided that the eligibility to receive those benefits is based upon disability or blindness criteria which are at least as stringent as those used under Title XVI of the Social Security Act;

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(E) receives disability-related medical assistance under Title XIX (Medi-Cal) of the Social Security act;

(F) receives disability-based general assistance benefits, provided that the eligibility to receive those benefits is based upon disability or blindness criteria which are at least as stringent as those used under Title XVI of the Social Security Act;

(G) is a veteran with a service-connected or nonservice-connected disability rated by the Veteran's Administration (VA) as total or paid as total by the VA under Title 38 of the United States Code;

(H) is a veteran considered by the VA to be in need of regular aid and attendance or permanently housebound under Title 38 of the United States Code;

(I) is a surviving spouse of a veteran and considered by the VA to be in need of regular aid and attendance or permanently housebound or a surviving child of a veteran and considered by the VA to be permanently incapable of self-support under Title 38 of the United States Code;

(J) is a surviving spouse or surviving child of a veteran and considered by the VA to be entitled to compensation for a service-connected death or pension benefits for a nonservice-connected death under Title 38 of the United States Code and has a disability considered permanent under Section 221(i) of the Social Security Act. "Entitled" as used in this definition refers to those veterans' surviving spouses and surviving children who are receiving the compensation or pension benefits stated or have been approved for such payments, but are not yet receiving them; or

(K) receives an annuity payment under Section 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be eligible to receive Medicare by the Railroad Retirement Board; or Section 2(a)(1)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under Title XVI of the Social Security Act.

(2) "Eligible food" means:

(A) Any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption.

(B) Seeds and plants to grow foods for personal consumption of eligible households.

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(C) Meals prepared and delivered by an FNS authorized meal delivery service to households eligible to use benefits for the purchase of delivered meals; or meals served by a communal dining facility for the elderly to households eligible to use benefits for communal dining.

(D) Meals prepared and served to households eligible to use benefits to purchase those meals by a drug or alcoholic treatment and rehabilitation center which is authorized by FNS to accept benefits in exchange for meals.

(E) Meals prepared and served to eligible blind or disabled residents receiving benefits under Title II or Title XVI of the Social Security Act by a group living arrangement which is authorized to accept benefits in exchange for meals.

(F) Meals prepared and served by a shelter for battered women and children to its eligible residents.

(G) Meals prepared for and served to homeless food stamp households by a public or private nonprofit establishment (e.g., soup kitchen or shelter), which has been authorized by the Food and Nutrition Service (FNS) to accept food stamp. This provision only applies to homeless food stamp households.

(H) Meals purchased by eligible elderly, or homeless or disabled food stamp households under the provision of a CDSS-approved restaurant meal program.

1. Counties shall only contract with individual restaurants that serve meals at concessional prices:

a. meals that cost less than that which would be charged to customers not using food stamp benefits, or

b. discounted meals already offered to certain consumers or advertised special or sale priced meals offered to all consumers.

2. Restaurants must be authorized by FNS (by approval of the FNS-252-2 submitted by the restaurant) to accept food stamp benefits.

3. Before instituting a restaurant meals program, counties must first submit a written proposal to CDSS for review and approval. All county documents and definitions must reflect the requirements of federal and State regulations. The proposal must contain:

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. a draft publicity sheet to notify restaurants about the requirements of the restaurant meals program;

b a draft publicity sheet for current homeless, elderly, and disabled recipients including information on requirements and availability;

c.a draft Memorandum of Understanding (MOU) detailing the obligations of the county to:

i) provide recipients with the designated, updateable “restaurant indicator” directly associated with their Golden State Advantage EBT card;

(ii) inform those recipients of the names and addresses of participating restaurants; and

(iii) include signature blocks for persons authorized on behalf of the county and the restaurant.

d. a draft MOU detailing the obligations of the restaurant to:

(i) prohibit inclusion of a service gratuity in the price of the meal;

(ii) prohibit charging sales or meals tax;

(iii) prohibit the acceptance of food stamp benefits for the purchase of alcoholic beverages; and

(iv) require posting of a sign notifying the public of the restaurant’s participation in the program and including references to nondiscrimination statutes and regulations.

4. CDSS will review and notify the county of approval or denial of the proposal within 60 days of receipt of the county’s draft material. If materials require modification, CDSS will define necessary corrections. On receipt of resubmitted materials, CDSS will make final approval or denial within 60 days.

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HANDBOOK BEGINS HERE

5. Counties that choose to participate in the restaurant meals program must recognize that CDSS approval of their written proposal will be contingent upon the availability of State funds.

HANDBOOK ENDS HERE

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(3) “Energy Assistance” means any payments or allowances made for the purpose of providing energy assistance under a federal law other than Part A of Title IV of the Social Security Act of 1935 (42 U.S.C. 601 et seq.), as amended, or a one-time payment made under a federal or state law for costs of weatherization, emergency repair or replacement of heating or cooling devices if unsafe or inoperative.

(4) "Entrant Cash Assistance (ECA)" means cash assistance provided to Cuban or Haitian entrants under the same conditions, and to the same extent, as such assistance is provided to refugees receiving Refugee Cash Assistance (RCA).

(5) Section 63-102(e)(5)(MR) shall become inoperative and Section 63-102(e)(5)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

(MR) "Extended Filing Date" in a monthly reporting system is by 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.

(QR) "Extended Filing Date" in a QR system is by close of business on the first working day of the new QR quarter and is the final date by which the household must submit a complete Quarterly Report (QR 7), including all required verification, without penalty of termination of eligibility or disallowance of deductions.

(f) (1) "FNS" means the Food and Nutrition Service of the U.S. Department of Agriculture.

(2) "Federal fiscal year" means a period of 12 calendar months beginning with October 1 and ending with September 30 of the following year.

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(3) "Fingerprint Imaging" is the process that automatically scans an individual's fingerprint and produces a fingerprint image. This image is added to the Statewide Fingerprint Imaging System (SFIS) database.

(4) "Fleeing felon" means an individual who is fleeing to avoid prosecution, or custody or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime or attempt to commit a crime, that is a felony under the law of the place from which the individual is fleeing or that, in the case of New Jersey, is a high misdemeanor under the law of New Jersey. The existence of a warrant for arrest shall be presumed to be evidence of fleeing, unless rebutted by other evidence sufficient to prove that the individual had no knowledge that s/he was being sought by law enforcement.

(5) "Food Stamp Act" means the Food Stamp Act of 1977 (Pub. L. 95-113), including any subsequent amendments thereto.

(g) (1) "General Assistance (GA)" means cash or another form of assistance, excluding in-kind assistance, financed by county funds as part of a program which provides assistance to cover living expenses or other basic needs intended to promote the health or well-being of recipients. Such programs include County General Assistance (GA)/General Relief (GR).

(A) For purposes of determining categorical eligibility, as specified in Section 63-301.82, GA recipients include individuals authorized to receive GA benefits whether or not they are actually receiving a GA payment. This includes recipients whose GA benefits have been suspended or recouped, or those who are entitled to GA benefits but are not paid such benefits because the grant is below the minimum payable under the GA program.

(2) "Group living arrangement" means a public or private nonprofit residential setting, serving no more than sixteen residents, that is licensed by the Department of Social Services. To be eligible for food stamp benefits, a resident of such a group living arrangement must be blind or disabled and receiving benefits under Title II (Retirement, Survivors, Disability Insurance benefits) or Title XVI (SSI) of the Social Security Act. However, if per Section 63-402.225, Title XVI recipients are ineligible for food stamps, this ineligibility shall apply to Title XVI (SSI) recipients who are residing in group living arrangements.

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(h) (1) "Homeless Assistance" payments for AFDC are considered "nonrecurring lump sum payments" and include:

(A) Payments for "temporary shelter assistance" for a homeless family seeking permanent housing, not to exceed the current temporary shelter consecutive-day time limit.

(B) Payments for "permanent housing" to pay for security deposits and utility deposits once permanent housing is located.

"AFDC Interim shelter" payments are not to be included as "Homeless Assistance" under this definition.

(2) "Homeless individual" means an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:

(A) A supervised shelter designed to provide temporary accommodations (such as a congregate shelter or a welfare hotel where an individual is referred by the CWD);

(B) A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized;

(C) A temporary accommodation in the residence of another individual for no more than 90 days as follows:

1. The 90-day period begins on the date when the individual is temporarily residing in the residence of another and is a food stamp recipient. In no circumstance shall the 90-day period be considered to have started prior to September 22, 1996.

2. If the recipient moves into a different temporary residence situation, a new 90-day period begins. There is no limit on the number of times an individual can be identified as homeless.

3. Notice shall be provided to inform a household of changes to their status as specified in Section 63-504.2. or

(D) A place not designed for, nor ordinarily used, as a regular sleeping accommodation for human beings (e.g. a hallway, a bus station, a lobby or similar places).

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(3) "Household Disaster" means a natural event such as flood, tornado, or a devastating event such as a fire.

(4) "House-to-house trade routes" means any retail food business operated from a truck, bus, pushcart, or other vehicle which can move easily from place to place.

(i) (1) "Identification (ID) card" means the DFA 287.

(2) "IEVS" means the Income and Eligibility Verification System (see Section 20-006.1).

(3) "Immigration and Naturalization Service (INS)" means the Immigration and Naturalization Service, U.S. Department of Justice.

(4) “Inaccessible Resource” means the resource or vehicle would be exempt from consideration if its equity value is $1,500 or less.

(5) "Inadvertent Household Error (IHE)" is any claim for an overpayment resulting from an unintentional error on the part of the household.

(6) Section 63-102(i)(6)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

(QR) "Income Reporting Threshold (IRT)" means the level of income that triggers the need for a CalWORKs Assistance Unit (AU) to make a mandatory mid-quarter report of a change in income. The IRT is the greater of 130 percent of the Federal Poverty Level (FPL) or the level at which an AU become financially ineligible in the CalWORKs program.

(7) “Indigent Noncitizen” means a sponsored noncitizen whose own income, the cash contributions from the sponsor and from others, including the value of any in-kind assistance the sponsor and others provide is not more than 130 percent of the poverty income guideline for the household size.

(8) "Initial Application and Certification" means the first application for certification filed, or an application for certification filed after any break in certification.

(A) For the purpose of prorating benefits (see Section 63-503.13):

1. The first application for benefits a household has ever filed, or

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2. An application for certification filed after any period during which the household was not certified for participation except for migrant and seasonal farm worker households. Migrant and seasonal farm worker households which have a break in participation of 30 days or less shall be considered to have continuous participation.

(B) For the purpose of determining verification requirements (see Section 63-300.5):

1. The first application for benefits a household has ever filed, or

2. An application for certification filed after at least a one month break since the household was last certified, or

3. An application received from any household which was immediately previously certified in another project area regardless of whether or not there has been a one month break since the household was last certified.

(C) For the purpose of determining whether or not it is a beginning month(s) for a household which shall be subject to retrospective budgeting (see Section 63-503.21):

1. The first application for benefits a household has ever filed, or

2. An application for certification filed after at least a one-month break since the household was last certified and retrospectively budgeted.

(9) "IPV" means intentional Program violation (see Section 20-300.1).

(10) Section 63-102(i)(10)(MR) shall become inoperative and Section 63-102(i)(10)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

(MR) “Issuance Month" in a monthly reporting and retrospective budgeting system means the month for which a food stamp allotment is issued. The allotment is based on income and circumstances in the corresponding budget month. In prospective budgeting, the budget month and issuance month are the same. In retrospective budgeting, the issuance month is the second month after the budget month.

(QR) "Issuance Month" in a QR/PB system means any month during a quarter for which a food stamp allotment is issued.

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(11) "Issued" means an item is disbursed. Therefore, coupons or ATPs are considered issued when deposited in the mail or handed over the counter.

(12) An "issuing point" means a location operated by the CWD and/or its issuance agent which issues coupons to recipients.

(j) Reserved

(k) Reserved

(l) (1) "Liquid Resources" means those resources which are in the form of cash or are readily converted into cash. Such resources shall include but may not be limited to cash on hand, money in checking or savings accounts, savings certificates, trust deeds, notes receivable, stocks or bonds, and nonrecurring lump-sum payments unless specifically excluded in Section 63-501.3.

(m) (1) "Mass change" is defined at Section 63-504.39.

(2) "Mass Change Notice" means an informational document which is mailed to each household and which meets federal requirements for informational content. See Handbook after Section 63-504.392 for the list of federally required informational elements.

(3) "Master issuance file" means a cumulative file containing individual household records for all food stamp households indicating household status and the amount of benefits each household is authorized to receive.

(4) "Meal delivery service" means a political subdivision, a private nonprofit organization, or a private establishment which contracts with a local agency for the preparation and delivery of meals at concessional prices to elderly persons and their spouses; and to the physically or mentally handicapped and their spouses, such that they are unable to adequately prepare all of their meals.

(5) "Meal provider for the homeless" means a public or private nonprofit establishment that feeds homeless persons, (e.g., soup kitchen or shelter), which has been authorized by the Food and Nutrition Service (FNS) to accept food stamp coupons.

(6) "Medicaid" means medical assistance under Title XIX of the Social Security Act, as amended.

(7) Section 63-102(m)(7)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

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(QR) "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 are reports households are required to make within 10 days of the occurrence, and (2) voluntary reports are reports that households may make to the CWD during the quarter if the household wants benefits increased mid-quarter. CWDs shall only take action to change benefits based on voluntary mid-quarter reports when benefits increase as a result of the reported change. No action based on a voluntary mid-quarter report shall be taken to decrease benefits.

(8) Medical licensed practitioner or other qualified health professional authorized by state law include but not be limited to the following: Acupuncturists, Chiropractors, Educational Psychologists, Midwives, Nurse Practitioners, Nurses (Registered, Vocational, Home Administrators and Registry), Physical Therapists, Podiatrists, Psychiatrists, Psychiatric Technicians and Clinical Psychologists.

(9) "Migrant Farmworker" means an individual who does not live at his/her home, but rather travels from place to place outside the project area in which the individual resides, to seek employment in an agricultural production activity. A migrant household is a household which includes a member who is a migrant farmworker during the certification period.

(10) "Mixed Household" means a food stamp household in which less than all members receive public assistance in addition to food stamp benefits. For purposes of these regulations, mixed households shall be considered nonassistance households and shall be subject to the same procedures as nonassistance households except as otherwise specified.

(n) (1) "Nonassistance Household" means a household which receives food stamp benefits and in which none or less than all of its members also receive public assistance.

(2) "Nonliquid Resources" means those resources which are not in the form of cash and are not readily converted into cash. Such resources shall include but may not be limited to personal property, licensed and unlicensed vehicles, buildings, land, recreational properties, and any other property, unless specifically excluded in Section 63-501.3.

(3) "Nonprofit cooperative food purchasing venture" means any private nonprofit association of consumers whose members pool their resources to buy food.

(4) "Notice of Action" means a form provided to a household informing them of an action which has been or will be taken concerning the household's eligibility status or level of benefits.

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(5) “Notice of Missed Interview (NOMI)” means a notification to the household that it missed its first scheduled interview and that the household is responsible for rescheduling the missed interview within 30 days of the application date.

(o) (1) "Overissuance" means the amount by which coupons issued to a household exceeds the amount it was eligible to receive.

(p) (1) "Parental Control"

(A) A minor child shall not be considered under the parental control of the individual with whom he/she resides if any one of the following conditions exists:

(a) The minor entered into a valid marriage, whether or not such marriage has terminated by dissolution.

(b) The minor is on active duty with any of the armed forces of the United States of America. (Note: A person who was in the armed forces but was discharged before reaching the age of 18 could still be considered under parental control.)

(c) The minor has been emancipated by a court order.

(B) If none of the above conditions exist then whether or not a minor should be considered under the parental control of the individual with whom he/she resides shall be determined using the following criteria. The eligibility worker shall assess the relative importance of the criteria below to each individual case in determining whether or not parental control exists:

(a) The minor is economically self-supporting and managing his/her own affairs.

(b) The closer a minor is to 18 years the more significant age becomes in the determination of parental control.

(c) The minor is absent from the individual with whom he/she is residing for significant periods of time and comes and goes without the individual's approval.

(C) Repealed by CDSS Manual Letter No. FS-89-04, (effective June 29, 1989).

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(2) "Person in Violation of Probation or Parole" means an individual who is in violation of a condition of probation or parole imposed under a federal or state law. The initial offense for which probation or parole was ordered need not have been a felony.

(3) "Photo ID Card" means an identification card used in a Photo Identification Card System to identify the bearer as eligible to receive and use Food Stamps.

(4) "Photo Identification Card System" is one which meets all the requirements of Section 63-504.8. The photo identification card system may utilize a single identification card which meets the requirements of Sections 63-504.7 and 63-504.8 or two identification cards which together meet the requirements of these sections.

(5) "Photo Imaging" means the process that automatically scans an individual's facial features and produces a facial image. The image is added to the statewide SFIS database.

(6) "Prescreening" means gathering information prior to filing an application to perform a preliminary review of eligibility for participation in the Food Stamp Program. Prescreening does not include gathering information to refer an applicant to the appropriate program or office.

(7) "Program" means the Food Stamp Program conducted under the Food Stamp Act and regulations.

(8) "Project area" means the county designated as the administrative unit for program operations. Upon prior FNS approval, a city, Indian reservation, welfare district, or any other entity with clearly defined geographic boundaries, or any combination of such entities, may be designated as a project area, or the state as a whole may be designated as a single project area.

(9) A "project area code" is the nine-digit number assigned to each CWD and/or its issuance agents regardless of whether the CWD issues coupons or not.

(10) "Prospective Budgeting" means the computation of a household's food stamp allotment for an issuance month based on an estimate of income and circumstances which will exist in that month.

(11) "Prospective Eligibility" means the determination of a household's eligibility for an issuance month based on an estimate of a household's income, circumstances, and composition which will exist in that issuance month.

(12) "Public Assistance (PA)" means a program funded under Title IV-A of the Social Security Act of 1935, as amended, or matching state funds for public assistance programs. Programs must be means-tested, and all household members must be receiving or authorized to receive benefits from a Temporary Assistance to Needy Families (TANF), or state-funded program.

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(a) For purposes of determining categorical eligibility, as specified in Section 63-301.7, PA recipients include individuals authorized to receive PA benefits whether or not they are actually receiving a PA payment. This includes recipients whose PA benefits have been suspended or recouped, or those who are entitled to PA benefits but are not paid such benefits because the grant is less than $10.00.

HANDBOOK BEGINS HERE

(b) Examples of PA households are:

1. all members receive benefits from the CalWORKs program which is 50 percent TANF-funded.

2. all members receive benefits from the CalWORKs Two-Parent program, which is 50 percent state-funded.

HANDBOOK ENDS HERE

(q) Sections 63-102(q)(1) through (5) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

(1) "QR Implementation Month" means the month in which all of a CWD's cases are converted to PB subject to the Director's Declaration.

(2) "QR Data Month" means the second month of the quarter for which the recipient reports all information necessary to determine eligibility.

(3) “QR/PB” means Quarterly Reporting/Prospective Budgeting.

(4) "QR Payment Quarter" means the quarter in which benefits are paid/issued. The QR payment quarter begins the first day immediately following the QR Submit Month.

(5) "QR Submit Month" means the month in which the QR 7 is required to be submitted to the CWD. The QR Submit Month is the third month of each quarter.

(r) (1) Section 63-102(r)(1)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

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(QR) "Reasonably Anticipated Income and Expenses" means income and expenses that have been or will be approved or authorized as of a date within the upcoming QR Payment Quarter and the amount of income is known, or the household is otherwise reasonably certain that the income will be received within the quarter and the amount of income is known. (See Sections 63-509(a)(2) and (3).)

(2) "Recipient Claim" is an amount owed because benefits were overissued or benefits were trafficked.

(3) Compliance with "Recipient Due Dates" means items shall be received by close of business on the date specified unless that date falls on a weekend or holiday, in which case the due date is by close of business on the next normal working day.

(4) "Record-for-issuance file" means a file which is created monthly from the master issuance file, which shows the amount of benefits each eligible household is to receive for the issuance month and the amount actually issued to the household.

(5) "Regulations" means the provisions of this manual. Regulatory citations refer to provisions of this manual unless otherwise specified.

(6) "Refugee Cash Assistance (RCA)" means cash assistance provided under Title IV of the Immigration and Nationality Act to refugees who are ineligible for Aid to Families with Dependent Children (AFDC) or Supplemental Security Income (SSI) and who have resided in the United States for less than a 12-month period from their initial entry into the country.

(7) Section 63-102(r)(7)(MR) shall become inoperative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

(MR) "Report Month" means the month in a monthly reporting and retrospective budgeting system during which the CA 7 from the budget month is due and the month during which the household's allotment for the issuance month is calculated. The report month is between the budget month and the issuance month.

(8) The "reporting point code" is the nine-digit number assigned to each reporting point. In counties in which the CWD itself issues coupons, the project code and the CWD reporting point code will be the same. CWDs not currently issuing but which wish to begin doing so must ensure that their project area code is activated as a reporting point before they begin issuance.

(9) A "reporting point" means a CWD which prepares and submits an FNS-250 to FNS.

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(10) "Retail food store" means:

(A) An establishment or recognized department of an establishment, or a house-to-house trade route, whose eligible food sales volume, as determined by visual inspection, sales records, purchase records, or other inventory or accounting recordkeeping methods that are customary or reasonable in the retail food industry, is more than 50 percent for food items for home preparation and consumption. See Section 63-102(h) for house-to-house trade route definition.

(B) Public or private communal dining facilities and meal delivery services, drug addict or alcoholic treatment and rehabilitation programs, public or private nonprofit shelters for battered women and children, or public or private nonprofit group living arrangements which accept food stamps in exchange for meals, and public or private nonprofit establishments that feed homeless persons, (e.g., soup kitchens or shelters), which have been authorized by the Food and Nutrition Service (FNS) to accept food stamp coupons.

(C) Drug addict or alcoholic treatment and rehabilitation programs or public or private nonprofit group living arrangements which redeem coupons directly through wholesalers.

(D) Any private nonprofit cooperative food purchasing venture, including those whose members pay for food prior to receipt of the food.

(E) A farmer's market.

(11) Section 63-102(r)(11)(MR) shall become inoperative in a county on the date QR/PB becomes effective in that county, pursuant to the Director’s QR/PB Declaration.

(MR) "Retrospective Budgeting" means the computation of a household's food stamp allotment for an issuance month based on actual income and circumstances which existed in the budget month.

(12) “Request for Information (RFI)" means a notification given to the household, prior to the CWD taking any adverse action, that clearly advises the household of verification and clarifications it must provide within 10 days of the request to the CWD.

(s) (1) "Seasonal Farmworker" means a nonmigrating individual who is employed seasonally in an agricultural production activity during the certification period. A seasonal farmworker household is a household where any member is a seasonal farmworker.

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(2) "Self-employed farmer" means a farmer who receives or anticipates receiving annual gross proceeds of $1000 or more from the farming enterprise.

(A) For the purpose of this section, "farming enterprise" shall be defined as the growing of agricultural products or the raising of livestock for income.

(3) "Self-employed fisherman" means a fisherman who receives or anticipates receiving annual gross proceeds of $1000 or more from a fishing enterprise. The fisherman, like a farmer, must produce food and is subject to the same chances as farmers that can result in losses, such as market demands, weather conditions, and the environment. This includes fishermen who are involved in catching or harvesting fish or other types of water life.

(4) "Shelter for Battered Women and Children" means a public or private nonprofit residential facility that serves battered women and/or women with children. A shelter: 1) may have FNS authorization as a retail food store to redeem coupons through wholesalers; 2) may accept coupons from residents in payment for meals prepared by the shelter; 3) may redeem coupons at retailers as the authorized representative; or 4) residents may use coupons to purchase food and prepare meals. If the facility also serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered women and/or women with children.

(5) A "shipping code" is a 12-digit number assigned to each shipping point. (Note that a twelve-digit shipping point code may be assigned to bulk storage, project areas, or issuing points that serve as places where shipment of coupons from FNS are received.)

(6) A "shipping point" means a place which receives coupon shipments from FNS.

(7) "Sponsor" means a person who has executed an Affidavit of Support (INS Form I-864 and/or I-864A) required by the INS on behalf of a noncitizen as a condition of the noncitizen's admission into the United States.

(8) "Sponsored Noncitizen" means a noncitizen for whom a sponsor has executed an Affidavit of Support (INS Form I-864 and/or I-864A) on behalf of the noncitizen, pursuant to Section 213A of the Immigration and Nationality Act.

(9) "Spouse" refers to either of two individuals who would be defined as married to each other under applicable state law or who are cohabitating and are holding themselves out to the community as husband and wife by representing themselves as such to relatives, friends, neighbors, or tradespeople.

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(10) "Staple food" means those food items intended for home preparation and consumption which include meat, poultry, fish, breadstuffs, cereals, vegetables, fruits, fruit and vegetable juices, and dairy products. Accessory food items, such as coffee, tea, cocoa, carbonated and uncarbonated drinks, candy, condiments, and spices are not staple foods for the purposes of qualifying a firm to participate in the Food Stamp Program as a retail food store.

(11) "State agency (CDSS)" means the agency of the State Government which has the responsibility for the administration of the federally aided public assistance programs within the state.

(12) "Statewide Fingerprint Imaging System (SFIS)" is the automated system designed to detect and prevent duplicate participation in the Food Stamp Program by matching the fingerprint images of applicants and recipients against those already in the SFIS database. The county is also required to take a photo image of each household member required to comply with SFIS, using the SFIS equipment.

(13) A "storage point" means a location where a CWD and/or its issuing agent keeps or stores coupons.

(14) "Supplemental Security Income (SSI)" means monthly cash payments made under the authority of: (1) Title XVI of the Social Security Act, as amended, to the aged, blind, and disabled; (2) Section 1616(a) of the Social Security Act; or (3) Section 212(a) of Public Law 93-66.

(15) "Suspended Claim" means a food stamp overissuance claim on which no collection action has been initiated or collection action has ceased in accordance with Section 63-801.5.

(t) (1) "Terminated Claim" means that the CWD has determined the claim to be uncollectible because the three-year suspension period for the food stamp overissuance claim has expired.

(2) Section 63-102(t)(2)(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

(QR) "Third-Party Information" means information that is not known to the county, and is a report from an outside source about a household's circumstances.

(3) "Thrifty food plan" means the diet required to feed a family of four persons as determined in accordance with the Secretary's calculations. The cost of such diet shall be the basis for uniform allotments for all households regardless of their actual composition, except that the Secretary shall make household-size adjustments in the thrifty food plan taking into account economies of scale.

(4) "Trafficking" means the buying or selling of coupons, access devices or authorization documents such as ATP cards for cash or consideration other than for eligible food, or the exchange of firearms, ammunition, explosives, or controlled substances for food coupons.

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(5) "Transaction receipt" means the document produced in an automated direct access issuance system which can be designed to be signed prior to the issuance of benefits by a household member designated on the ID card or any authorized representative.

(6) "Transitional housing" means time limited residency to facilitate the movement of homeless individuals and families to permanent housing. The residency shall be determined to be time limited when the household states that their housing situation is temporary, or the CWD or the housing unit imposes a time limit.

(u) (1) "Underissuance" means the amount by which the allotment to which the household was entitled exceeds the allotment which the household received.

(v) (1) "Validity period" means the time frame during which a household may obtain benefits by transacting an authorization document or receiving benefits at an issuance point.

(w) (1) "Wholesale food concern" means an establishment which sells eligible food to retail stores or to meal services for resale to households.

(x) Reserved

(y) Reserved

(z) Reserved

NOTE: Authority cited: Sections 10553, 10554, 11265.1, .2 and .3, 18904, and 18910, Welfare and Institutions Code. Reference: Sections 10554, 10830, 11486.5 and 18930 through 18934, Welfare and Institutions Code; 8 U.S.C.A. Section 1522(e); 42 U.S.C.A. 601, et seq.; and 42 U.S.C.A. 5122; 7 CFR 272, 7 CFR 272.4(f); 7 CFR 273, 7 CFR 273.1(c)(5); 7 CFR 271.2; 7 CFR 273.2, .2(e)(3), .2(j), (j)(4), and (v)(2)(i)(B); 7 CFR 273.4(a)(3)(ii) and (iv), .4(c), (c)(2), (c)(3)(iv), and (e)(3)(iv); 7 CFR 273.5(a); 7 CFR 273.8; 7 CFR 273.9(c)(1)(ii)(D); and (c)(11)(i) and (ii); 7 CFR 273.11(a)(2)(iii); 7 CFR 273.12(c)(3); and .12(e); 7 CFR 273.16(c); 7 CFR 273.18(a)(1)(ii); 7 CFR 273.18(e)(3)(v), (e)(5)(v) and (n)(1)(i); 7 CFR 273.21(b); 7 CFR 274.3(a)(2); 7 CFR 274.10; 7 CFR 274.12 and .12(h)(3); 7 CFR 278.1; 7 CFR 2710.2; 45 CFR 401; 45 CFR 400.62; Public Law (P.L.) 100-77, Section 802; Section 70 of Assembly Bill (AB) 444, Chapter 1022, Statutes of 2002; AB 692, (Chapter 1024, Statutes of 2002); Court Order re Final Partial Settlement Agreement in Jones v. Yeutter (C.D. Cal. Feb. 1, 1990) [Dock. No. CV-89-0768]); Section 66011, Education Code; P.L. 102-237, Section 902; 7 U.S.C. 2014(c)(2)(B) and (k)(2)(F); 7 U.S.C. 2022(b)(4); 8 U.S.C. 1631; U.S.D.A. Food and Nutrition Service Administrative Notices 94-39, 97-44, and 98-56; Hamilton v. Madigan (9th Cir. 1992) 961 F.2d 838; Food and Nutrition Service Quarterly Reporting/Prospective Budgeting waiver approval dated April 1, 2003; Food Stamp Act Section 6(k)(1); P.L. 104-193, Sections 272, 273, 805, 821, and 827 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996); Federal Register Vol. 59, No. 224, dated November 22, 1994; Federal Register Vol. 65, No. 130, dated July 6, 2000 and Vol. 65, No. 149 Corrections, dated August 2, 2000, and Federal Register, Vol. 66, No. 229, dated November 28, 2001.

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