63-407 WORK REGISTRATION REQUIREMENTS 63-407

(a) A person younger than 16 years of age or a person 60 years of age or older. If a child has his/her 16th birthday within a certification period, the child shall fulfill the work registration requirement as part of the next scheduled recertification process, unless the child qualifies for another exemption.

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(1) A person age 16 or 17 who is not the head of the household, or who is attending school, or enrolled in an employment training program on at least a half-time basis is exempt.

(b) A person physically or mentally unfit for employment. If mental or physical unfitness is claimed and the unfitness is not evident to the CWD, verification shall be require. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or of a statement from a physician or licensed or certified psychologist;

(c) A household member subject to and complying with any work requirement under Title IV of the Social Security Act including Greater Avenues for Independence (GAIN) and California Work Opportunity and Responsibility to Kids (CalWORKs) programs. If the exemption claimed is questionable, the CWD shall be responsible for verifying the exemption, as required in Section 63-300.53;

(d) A parent or other household member who is responsible for the care of a dependent child under 6 or an incapacitated person. If the child has his/her 6th birthday within a certification period, the individual responsible for the care of the child shall fulfill the work registration requirements as part of the next scheduled recertification process, unless the individual qualifies for another exemption;

(f) A regular participant in a drug addiction or alcoholic treatment and rehabilitation program;

(g) A person who is employed or self-employed and working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 hours. This exemption shall apply to migrant and seasonal farm workers who are under contract or similar agreement with an employer or crew chief to being employed within 30 days;

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(h) A student enrolled at least half time in any recognized school, training program, or institution of higher education, provided that students enrolled at least half time in a recognized institution of higher education have met the eligibility conditions in Section 63-406.2. A student enrolled in a school, training program or institution of higher education shall remain exempt during normal periods of class attendance, vacation and recess. However, persons who are not enrolled at least half time or who experience a break in their enrollment status due to graduation, expulsion, suspension or who drop-out shall not be considered students for the purpose of qualifying for this exemption;

.211 Persons exempted in Section 63-407.21 shall be permitted to volunteer to participate in the Food Stamp Employment and Training (FSET) Program as described in Section 63-407.8.

.22 Loss of Work Registration Exemptions

.221 Persons losing exemption status due to any change in circumstances that is subject to the reporting requirements of Sections 63-505.3 or .5 (such as a loss of employment that also results in a loss in income of more than $25 a month, or departure from the household of the sole dependent child for whom an otherwise nonexempt household member was caring) shall be registered for employment when the change is reported. The CWD shall annotate the registration changes to the person’s exemption status on an existing record designated by SDSS.

.222 Those persons who lose their exemption due to a change in circumstances not subject to the reporting requirements of Section 63-505.3 or .5 shall register for employment at their household’s next recertification.

.223 Those persons exempt because they are registered for work under one of the programs specified in Sections 63-407.21(c) or (e) and are deemed ineligible to participate in that program due to a change in household circumstances other than failing to comply with the work registration requirements of that program shall be registered for work in accordance with Section 63-407.3 under the Food Stamp Program within 10 calendar days from the date they lose their eligibility for that program. For treatment of persons who fail to comply with the work registration requirements of a program specified in Sections 63-407.21(c) and (e), see Section 63-407.54.

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.23 Substitute Programs

Persons registered in the following programs shall be considered as registered for work under the Food Stamp Program:

o General Assistance Work Program

o Non-WIN Public Assistance (PA) Program

o Refugee Resettlement Program

.231 Those persons registered in a substitute program as specified in Section 63-407.23, who are deemed ineligible to participate in that program due to a change in household circumstances other than failing to comply with work registration requirements of that program, shall be subject to the work registrant requirements of the Food Stamp Program in Section 63-407.4, within 10 days from the date they lose their eligibility for that program. For treatment of persons who fail to comply with the work registration requirements of these programs see Section 63-407.54.

.24 CalWORKs Unpaid Community Service and Work Experience

Participants in unpaid community service and work experience activities under CalWORKs shall be considered to be participating in the Food Stamp Workfare Program, subject to the following:

.241 Such persons shall be subject to all CalWORKs Welfare-to-Work (WTW) Program statutes and regulations, including WTW exemptions, except that, consistent with Section 2029(a)(1) of Title 7 of the United States Code, the hours of participation shall be limited as follows:

(a) The hours of participation in unpaid community service and work experience shall be limited to the number of hours each month, determined collectively for the CalWORKs assistance unit, equal to the CalWORKs assistance unit’s grant plus the assistance unit’s portion of the food stamp allotment divided by the higher of the state or federal minimum wage. This monthly limit shall be considered to have been met by participation in an average weekly number of hours determined by dividing the monthly amount by 4.33 (average number of weeks per month).

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(b) The WTW Program regulations are located in MPP Chapter 42-700. See Section 42-716.31(j) for further instructions on hours of participation for community service. See Section 42-716.31(d) for further instructions on hours of participation for work experience.

HANDBOOK ENDS HERE

.242 Persons identified in Section 63-407.24 who are sanctioned for failing to comply with their CalWORKs WTW assignment shall be subject to the food stamp sanction requirements at Section 63-407.54.

.3 CWD Requirements

.31 Upon reaching a determination that an applicant or other members of the applicant’s household are required to be registered, the CWD shall:

.311 Explain to the applicant the work registrant requirements in Section 63-407.4 and, if assigned to the FSET Program, the requirements in Section 63-407.8, the rights and responsibilities, and the consequences of failure to comply.

(a) The applicant shall be informed that he/she may be deferred from FSET Program participation if monthly expenses identified in Section 63-407.83 exceed the allowable reimbursable amounts identified in that section.

.312 Provide a written statement of the requirements in Section 63-407.311 to each work registrant.

.313 Provide a written statement:

(a) at recertification, and

(b) when a previously exempt individual or new household member is required to be registered.

.32 Household members are considered to be registered when the registration is annotated by the CWD on an existing record designated by SDSS.

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.4 Work Registrants Requirements

Persons registered for work under the Food Stamp Program or a program specified in Sections 63-407.21(c) or (e) shall:

.41 Comply with the requirements of the FSET Program, as described in Section 63-407.8, when assigned by the CWD.

.42 Respond to a request for supplemental information regarding employment status or availability for work.

.43 Report to an employer to whom referred, if the potential employment meets the suitability requirements described in Section 63-407.7.

.44 Accept a bona fide offer of suitable employment, as defined in Section 63-407.7.

.5 Failure to Comply; Good Cause; Notification; and Disqualifications

.51 The CWD shall be responsible for determining good cause in those instances where the work registrant has failed to comply with the requirements of Section 63-407.4.

In determining if good cause existed for failure to comply with any work registration or FSET Program requirements, the CWD shall consider the facts and circumstances, including information submitted by the household member involved and/or the employer. Good cause shall include circumstances beyond the member’s control, such as, but not limited to, illness, illness of another household member requiring the presence of the member, a household emergency, lack of adequate child care for children who have reached age six but are under twelve years of age [see Section 63-408.41(j)], the unavailability of transportation, or problems caused by inability of the work registrant to speak, read or write English.

.52 Within 10 days of determining that noncompliance with any of the food stamp work registration requirements at Section 63-407.41 was without good cause as specified in Section 63-407.51, the CWD shall issue a notice of adverse action informing the household of the disqualification being imposed on the noncompliant individual. In addition to the notification requirements specified in Section 63-504.21, the notice shall contain a description of the act of noncompliance, identify the minimum length of the food stamp disqualification and specify that if at any time the individual becomes exempt in accordance with Section 63-407.21, the disqualification shall end and the individual may reapply for food stamps. Information describing the action that can be taken to avoid the ineligibility before the disqualification period begins must be included on or with the notice. The notice shall specify that the individual, if otherwise eligible, may apply for food stamp benefits at the end of the disqualification period.

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.521 Each individual has a right to a state hearing to appeal a denial, termination or reduction of benefits due to a determination of nonexempt status, or a determination of failure to comply with the work registration or FSET Program requirements. Individuals can appeal actions such as exemption status, the type of requirement imposed, or CWD refusal to make a finding of good cause. If a state hearing is scheduled, the CWD shall provide sufficient advance notice to permit the availability, either in person or by phone as appropriate, of a representative of the component operator, if it is anticipated that such attendance will be necessary.

HANDBOOK BEGINS HERE

.522 The recommended CDSS developed form to use for notification of disqualification actions is the DFA 377.10.

HANDBOOK ENDS HERE

.53 For purposes of determining the appropriate disqualification to apply, the CWD shall count any previous sanctions and/or disqualifications imposed on an individual for failing to comply with the provisions of work registration in Section 63-407.4; unemployment, CalWORKs WTW, and other substitute work programs in Section 63-407.54; and voluntary quit and reduction of work effort in Section 63-408. If the individual qualifies for one of the exemptions listed at Section 63-407.21 during the minimum disqualification period identified in Sections 63-407.531, .532 or .533, the disqualification shall end and the individual may reapply and be approved for food stamps if otherwise eligible. The start date of the disqualification period shall begin the first of the month following the month the individual is provided timely notice of adverse action.

.531 The minimum duration of the first food stamp disqualification is one month.

.532 The minimum duration of the second food stamp disqualification is three months.

.533 The minimum duration of the third or subsequent food stamp disqualification is six months.

.54 When an individual is sanctioned for failing to comply with the work requirements of a program as specified in Section 63-407.21(c) (Welfare-to-Work), Section 63-407.21(e) (Unemployment Compensation), Section 63-407.23 (Substitute Programs), or Section 63-407.24 (CalWORKs Unpaid Community Service and Work Experience), the individual shall also receive a Food Stamp sanction in accordance with Section 63-407.5.

.541 The individual shall be notified of the disqualification as specified in Section 63-407.52.

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.542 When a person is sanctioned under one of the programs identified in Section 63-407.54, except for a substitute program sanction under Section 63-407.23, the following food stamp work registration exemption requirements shall apply:

(a) A food stamp sanction shall not be imposed if the individual qualifies for one of the food stamp work registration exemptions at Section 63-407.21. Since no food stamp sanction is imposed, an instance of noncompliance is not counted for purposes of determining the length of future food stamp sanctions.

HANDBOOK BEGINS HERE

Example:

In March, Sue receives a WTW sanction for failing to participate in a community service assignment. In reviewing her case record, the CWD learns that Sue is responsible for the care of a four-year old child and is exempt from food stamp work registration per MPP Section 63-407.21(d). Therefore, a food stamp sanction would not be imposed and Sue would remain eligible for food stamps while under the WTW sanction.

HANDBOOK ENDS HERE

(b) When an individual does not qualify for one of the food stamp work registration exemptions at Section 63-407.21 and a food stamp sanction is imposed, the food stamp sanction shall end when the sanctioned individual subsequently qualifies for a work registration exemption.

HANDBOOK BEGINS HERE

Example:

Sally is part of a five-person food stamp household and at the end of February, she receives a CalWORKs/food stamp sanction for failing to participate in a WTW assignment. In May, Sally begins regular participation in a drug rehabilitation program and qualifies for the food stamp work exemption at Section 63-407.21(f). At that time, the food stamp sanction would stop. For multiple person households, eligibility is reestablished for the previously sanctioned individual the first of the following month, if the individual is otherwise eligible (Section 63-504.353). Therefore, Sally would be eligible for food stamps effective June 1.

HANDBOOK ENDS HERE

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.543 When an individual identified in Section 63-407.54 regains eligibility by complying with the program requirement previously violated, the individual is again exempt from work registration. The food stamp sanction period identified in Section 63-407.531, .532 or .533 shall end and the individual shall be approved for food stamps if otherwise eligible.

.6 Ending a Disqualification Period

.61 Following the completion of a minimum disqualification period identified in Section 63-407.53, an individual who is otherwise eligible, may apply for food stamps and be approved if the CWD determines the individual is in compliance with the food stamp work registration requirements defined in Section 63-407.4. For the purpose of this provision, in compliance means the individual is fulfilling one of the food stamp work registration requirements, or he/she agrees to fulfill the requirements as specified by the CWD at application.

.611 If an indivual becomes exempt in accordance with Section 63-407.21 or 63-410.3 during a disqualification period, the individual may reestablish food stamp eligibility by reapplying if otherwise eligible.

(a) This provision applies at any time during the period of disqualification.

.62 An individual, who is disqualified for not meeting the food stamp work requirements (e.g., not accepting a job offer) and is discontinued for failing to comply with the 80 hours per month ABAWD work requirement may regain food stamp eligibility if after the disqualification period has ended, he/she complies with the requirements of Section 63-410.5 or becomes exempt under Section 63-410.3 during the disqualification period.

.7 Suitable Employment

.71 Any employment shall be considered unsuitable if:

.711 The wage offered is less than the highest of:

a. The applicable federal minimum wage;

b. The applicable state minimum wage;

c. Eighty percent (80%) of the federal minimum wage if neither the federal nor state minimum wage is applicable.

.712 The employment offered is on a piece-rate basis and the average hourly yield the employee can reasonable be expected to earn is less than the applicable hourly wages specified under Section 63-407.711.

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.713 The household member, as a condition of employment or continuing employment, is required to join, resign from, or refrain from joining any legitimate labor organization.

.714 The work offered is at a site subject to a strike or lockout at the time of the offer.

.72 In addition, employment shall be considered suitable unless the household member involved can demonstrate or the county welfare department otherwise becomes aware that:

.721 The degree of risk to health and safety is unreasonable.

.722 The member is physically or mentally unfit to perform the employment, as documented by medical evidence or by reliable information from other sources.

.723 The employment offered within the first 30 days of registration is not in the member’s major field of experience.

.724 The distance from the member’s home to the place of employment is unreasonable considering the expected wage and the time and cost of commuting. Employment shall not be considered suitable if daily commuting time exceeds two hours per day, not including the transporting of a child to and from a child care facility. Nor shall employment be considered suitable if the distance to the place of employment prohibits walking and neither public nor private transportation is available to transport the member to the jobsite.

.725 The working hours or nature of the employment interferes with the member’s religious observances, convictions, or beliefs. For example, a Sabbatarian could refuse to work on the Sabbath.

.8 Food Stamp Employment and Training (FSET) Program

.81 CWD Screening

The CWD shall screen each work registrant to determine whether or not the registrant will participate or be deferred from the FSET Program. This requirement shall not apply in counties that are totally geographically excluded as allowed in Section 63-407.842.

.811 The following individuals shall be deferred from mandatory participation until the CWD determines that the situation precluding FSET participation no longer exists.

(a) A person who resides in a federally approved geographically excluded area.

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(b) A person who participates in a program described in Section 63-407.23 that has participation requirements exceeding those contained in the FSET Program.

(c) A person who is unable to participate due to personal circumstances. This shall include persons who:

(1) Lack dependent care;

(A) Lack of child care is defined in accordance with Section 63-408.41(j).

(B) Lack of dependent care shall be determined if dependent care costs exceed the maximum dependent care deduction per month per dependent. (The current amounts are reproduced in Handbook Section 63-1101.23.)

(2) Lack transportation which is defined as:

(A) Private or public transportation is not available at reasonable times on a regular basis; or

(B) Monthly transportation costs plus other costs of participation (excluding dependent care costs) that exceed the amounts as determined in Section 63-407.831.

(3) Live an unreasonable distance from the FSET program site;

(4) Have a severe family crisis;

(A) Severe family crisis is defined as:

An incapacitated or ill family member who temporarily needs the care of the registrant.

(B) A death in the immediate family or of any person in the immediate household;

(C) A situation in the immediate family or immediate household that temporarily requires the presence of the registrant.

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(5) Are temporarily laid off from a job and expected to return to work within 60 days;

(6) Are involved in legal difficulties (such as court mandated appearances) which preclude participation;

(7) Have a temporary illness or disability; or

(A) Temporary illness or disability is defined as:

Pregnancy;

(B) An illness or injury serious enough to temporarily prevent employment. Minor ailments, such as colds, will not defer a person from participation.

(8) Repealed by Manual Letter No. FS-89-01, effective 1/1/89.

.812 The CWD shall attempt to place persons deferred due to excessive dependent care or transportation costs into a component in which such costs do not exceed the amount eligible for reimbursement as specified in Section 63-407.83.

(a) If a suitable component is not available, individuals shall be deferred until an affordable component becomes available or individual circumstances change so that monthly expenses do not exceed maximum reimbursable rates.

.813 Individual deferrals shall be reevaluated no later than at each recertification.

.814 Persons who are deferred shall be permitted to volunteer to participate in the FSET Program.

.815 Persons who are registered for work in accordance with Section 63-407.1 and who are not deferred under Section 63-407.811 are considered mandatory participants.

.82 Referral to FSET Program

The CWD shall refer mandatory participants to an FSET Program component who have been specifically identified in an approved county plan in accordance with Section 63-407.842. The CWD shall also be permitted to refer applicants and volunteers.

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.821 Upon entry into each component the registrant shall be told, either orally or in writing, of the component requirements, what will constitute noncompliance, and the sanctions for noncompliance.

.83 Participant Reimbursement

The CWD shall reimburse participants, including volunteers and applicants, for costs that are reasonably necessary and directly related to participation as specified in Sections 63-407.831 and .832. The CWD shall inform each participant that allowable expenses identified in this section shall be reimbursed upon presentation of appropriate documentation.

.831 The CWD shall provide reimbursement payments for the actual costs of transportation and other FSET participation expenses (other than dependent care costs) that are reasonable and necessary and directly related to participation in the FSET program. These payments shall be provided as either a reimbursement for expenses incurred or in advance as payment for anticipated expenses in the coming month.

(a) In addition to transportation costs, training or education related expenses include, but are not limited to, the costs of uniforms, personal safety items or other necessary equipment, and books or training manuals. Such expenses shall not include the cost of meals away from home.

(1) CWDs shall determine the level of reimbursement or advance.

(A) The level of reimbursement or advance shall be defined in the county FSET plan and approved by CDSS.

(2) The CWD shall maintain written policy and procedures for the reimbursement of transportation and ancillary expenses.

(3) The CWD’s policy and procedures shall be made available to FSET participants.

(b) Reasonable and necessary as it applies to transportation means:

(1) The least costly form of public transportation, including CWD provided transportation, that would not preclude participation in an FSET activity.

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(2) If there is no public transportation available that meets these requirements, participants may use their own vehicles. Participants shall be reimbursed at one of the following rates:

(A) The CWD shall select an existing reimbursement rate used in the county, or

(B) The CWD shall develop a rate that covers necessary costs.

(C) The reimbursement rate may not include a “cap,” or maximum monthly reimbursement amount, beyond which additional miles driven are not reimbursed.

(3) Parking for FSET participants shall be reimbursed at actual cost. Individuals shall submit receipts for this purpose, except in cases where parking meters are used.

(4) FSET participants who choose to use their own vehicles when public transportation is available will be reimbursed at the least expensive reimbursement rate of available transportation pursuant to Sections 63-407.831(b)(1) and (2).

(c) Reasonable and necessary ancillary expenses shall include the cost of books, tools, clothing specifically required for the job, fees, and other essential costs.

.832 For dependent care costs, the CWD shall reimburse the actual cost in an amount not to exceed the maximum dependent care deduction per month per dependent.

(a) In lieu of providing reimbursements or payments for dependent care, the CWD may arrange for care through providers by use of purchase of service contracts or vouchers or by providing vouchers to the household.

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(b) Reimbursement, payment, or arrangement for dependent care shall not be made to an individual who is the caretaker relative of a dependent in a family receiving Aid to Families with Dependent Children. In addition, an FSET Program participant is not entitled to reimbursement for dependent care costs if a member of the participant’s Food Stamp household provides the care.

(c) Reimbursements shall be provided for the following dependents:

(1) Children who have reached age six but who are under thirteen years of age; and

(2) Persons who have reached age 13 but are physically/mentally incapacitated or under court supervision.

(A) The CWD shall require verification when physical/mental incapacity or the need for court supervision is questionable.

(d) The CWD shall verify the need for and cost of dependent care prior to reimbursing a participant for dependent care costs.

(1) Such verification shall include the name and address of the care provider, provider costs and the number of hours for which care is needed.

(e) A participant may refuse dependent care arranged by the CWD if he/she can arrange other care or show that the refusal will not interfere with participation.

(f) Dependent care arranged by the CWD shall meet all applicable standards of state and local law including requirements for basic health and safety protection.

.84 Program Requirements

.841 Program Components

In accordance with a federally approved state plan, CWDs shall provide any one or more of the following components. The following components shall be allowed to be provided for applicants or recipients:

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(a) Job Club/Job Search

(1) Job Club (job search workshop), which consists of group training sessions in job finding skills, job interviewing skills, understanding employer expectations and requirements, and in enhancing self-esteem, self-image, and confidence.

(2) Supervised job search, which consists of an organized method of seeking work such as access to phone banks, job orders, and direct referrals to employers.

(3) Unsupervised job search, which consists of independent efforts by a registrant to look for employment and follow up interviews by staff to determine the adequacy of the job search.

(b) Work Components

(1) Workfare, which consists of a an unpaid training assignment with a public or private nonprofit agency that provides the registrant an opportunity to develop basic work habits or to practice existing skills.

(A) As part of the workfare component, the CWD may establish a job search period of up to 30 days prior to sending the registrant to a workfare site. This job search period may only be established at application or certification, not at recertification.

(B) Individuals assigned to workfare shall be provided the same benefits and working conditions provided to employees performing comparable work for comparable hours.

(C) A workfare assignment cannot result in the displacement of employed individuals or in the reduction of employment opportunities, such as substituting a workfare person in a vacant position.

(2) OJT/Work Experience, which consists of an assignment to provide work experience or training or both to enable participants to move promptly into regular public or private employment. Such assignment shall:

(A) Be limited to projects that serve a useful public purpose in fields such as health, social services, environmental protection, etc.

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(B) Not replace a regular employee who is not participating in the FSET Program.

(C) Provide the same benefits and working conditions that are provided at the job site to employees performing comparable work.

(c) Education/Training

(1) Vocational training which consists of a project, program or experiment, such as supported work program, or a Job Training Partnership Act program (JTPA) or state or local program aimed at accomplishing the purpose of the FSET Program.

(2) Education programs designed to improve a participant’s basic skills or employability. Education activities include, but are not limited to, high school or equivalency programs, remedial education programs designed to achieve a basic literacy level, and instruction in English-as-a-Second-Language.

(A) Educational components shall be approved only if they directly enhance the employability of FSET Program participants. A direct link between educational components and job readiness shall be established.

.842 County Administration

(a) Counties shall submit a plan in accordance with guidelines specified by SDSS. Partial or total geographical exclusion may be requested if an FSET Program would be impracticable due to such factors as the availability of work opportunities and the cost-effectiveness of the requirements. Counties requesting geographical exclusion shall submit sufficient economic and demographic data to justify such exclusion.

County plan amendments shall be submitted to SDSS for approval 60 days prior to the effective date of any proposed changes.

(b) The CWD shall be permitted to operate or contract with another organization to operate the FSET Program or any component.

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(c) Counties that operate their own programs shall be permitted to establish independent FSET components and/or use existing components of WIN/Demo or GAIN, or those offered under other programs such as Refugee Employment Services, or General Assistance. If existing components are used, the following conditions shall be met:

(1) Participation and sanction requirements are consistent with Sections 63-407.85 and .86.

(2) The components are described in an approved county plan.

(3) Activities associated with the delivery of services to FSET participants are time studied and claimed to the FSET Program in accordance with applicable time study and claiming instructions issued by SDSS.

.843 Data Collection

The CWD shall collect data in accordance with CDSS statistical reporting requirements. (See Sections 26-010 and 26-020.) Those counties which are totally geographically excluded shall also collect the data described in Sections 63-407.843(a) and (g). The data shall include, but not be limited to the following:

(a) Number of newly work registered individuals.

(b) Number of work registrants deferred from participation, separated by reason for deferral.

(c) Number of individuals granted geographical exemption.

(d) Number of volunteers who begin participating, by component.

(e) Number of mandatory participants who begin, by component.

(f) Number of work registrants sent a notice of action informing them of the disqualification and applicants denied certification for failure to comply with the program requirements.

(g) Number of work registrants during the October 1 through October 31 period on the October through December report.

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.85 Participation Requirements

.851 The number of months and number of successive components in which participation is required shall be determined by the county as long as the minimum and maximum participation requirements of the FSET Program are met. Participation requirements could vary among participants.

.852 Participation requirements shall not be imposed if they would delay the determination of eligibility for or issuance of benefits to any household otherwise eligible.

.853 The minimum level of effort by participants shall be comparable to spending at least 12 hours a month for two months making job contacts.

HANDBOOK BEGINS HERE

In a workfare or work experience component, the number of hours may be less if the household’s benefit divided by the minimum wage is less than this amount.

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.854 For a job search component as described in Section 63-407.841(a), the participation requirement shall be permitted to begin at application for an initial period of up to eight consecutive weeks, and continue for an additional period of up to eight weeks during 12 consecutive months. The 12-consecutive-month period shall be permitted to begin at any time following the close of the initial eight-week period.

.855 Participation requirements in a work component, as described in Section 63-407.841(b), imposed collectively on members of a household each month shall be limited to the number of hours equal to the household’s allotment for the month divided by the higher of the applicable state or federal minimum wage.

(a) Assignment at workfare may occur at food stamp application. When an applicant completes a workfare or work experience assignment during the 30-day application period and is otherwise eligible for food stamps, he/she must be issued benefits back to the date of application (the monthly food stamp allotment being compensation for the hours worked).

(1) When determining hours of participation for applicants assigned to workfare, counties shall either use the household’s prospective allotment or a range of typical food stamp allotments.

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(2) The level of effort for persons assigned to workfare job search identified in Section 63-407.841(b)(1)(A) shall be comparable to spending at least 12 hours a month making job contacts.

.856 The maximum hours of participation imposed on each individual shall not exceed 120 hours per month, including nonwork and work component hours, optional Food Stamp Workfare Program hours, and hours worked for compensation, in cash or in kind.

.857 The hours of participation or work of a volunteer shall not exceed the hours required of FSET Program mandatory participants.

.86 Failure to Comply

.861 FSET participants who refuse or fail without good cause to comply with any of the requirements of that program, shall be subject to the provisions of Section 63-407.5.

.862 Individuals who are disqualified for failure to comply with the requirements of the FSET Program shall be notified as specified in Sections 63-407.52 and .565.

.863 Voluntary participants shall not be disqualified for failure to comply with FSET Program requirements.

.87 Ending Disqualification

Individuals who have been disqualified for noncompliance with the requirements of the FSET Program shall be permitted to establish or reestablish eligibility in accordance with Sections 63-407.61 or 62 following completion of the minimum sanction period identified in Section 63-407.53.

.88 Determining Good Cause

Good cause shall be determined in accordance with the provisions in Section 63-407.51.

.89 Other Program Requirements

If a benefit overissuance is discovered for a month or months in which a participant has already fulfilled a workfare or work component requirement, the following requirements shall apply.

.891 If the person who performed the work is still subject to a work obligation, the CWD shall determine how many extra hours were worked because of the improper benefit. The participant shall be credited that number of hours toward future work obligations.

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.892 If the workfare or work component does not continue and the overissuance was the result of an intentional Program violation, the amount of the claim determined under Section 63-801.322 shall be for the entire amount of the overissuance and not adjusted for work participation.

.893 If the workfare or work component requirement does not continue and the overissuance was the result of an inadvertent household or agency error, the CWD shall:

(a) Determine whether the number of hours worked in workfare are more than the number which could have been assigned had the proper benefit level been used in calculating the number of hours to be worked.

(b) If the extra hours that were worked because of the improper benefit level equal the amount of hours calculated by dividing the overissuance by the higher of the State or federal minimum wage, no claim shall be established. No credit for future work requirements shall be given.

(c) If the extra hours worked times the higher of the State of federal minimum wage do not equal the amount of the overissuance, the amount of the claim established under Section 63-801.312 shall be adjusted to equal the amount of the overissuance not “worked off”.

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EXAMPLE

A household was incorrectly issued a benefit of $150 in a month when $100 would have been the proper benefit. The household, based on the $150 allotment worked 35 hours [$150 divided by the minimum wage--$4.25]. Had the allotment been correctly calculated the household could have been assigned no more than 23 hours in that month. A claim would be established for the amount of the overissuance not “worked off” [e.g., any hours between 23 and 35 which were not “worked off”]. Since the household worked the entire 35 hours, no claim would be established. However, if the household has worked 30 hours, the minimum wage times five [the number of hours not “worked off”] or $21.25, would have to be recovered.

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.9 Optional Food Stamp Employment Programs

.91 In addition to the FSET Program, operated in accordance with Section 63-407.8, counties shall be permitted to operate the Food Stamp Workfare Program in accordance with the Requirements of Title 7 of the Code of Federal Regulations, Section 273.22.

NOTE: Authority cited: Sections 10553, 10554 and 18904, Welfare and Institutions Code. Reference: Sections 10554 and 18904, Welfare and Institutions Code; 7 CFR 273.1(d)(2); 7 CFR 273.7; 7 U.S.C. 2014(e); 7 U.S.C 2015(d) and (o); 7 CFR 2025(h); 7 U.S.C. 2029(a)(1) and (e); 7 U.S.C. 2035; Sections 4121(c) and (d) of the Food Stamp Requthorization Act of 2002 (P.L. 107-171); U.S. Department of Labor guidance on FLSA, with attached U.S.D.A., Food and Nutrition Service (FNS) guidance on Simplified Food Stamp Program (SFSP), dated May 22, 1997; SFSP approval letters from FNS to implement the provisions of an SFSP, dated May 5, 2000 and August 3, 2000; FNS letters to CDSS dated August 27, 2001 and November 13, 2001 regarding compliance with the food stamp work registration requirements and resumption of food stamp benefits after a disqualification; and FNS policy interpretation dated September 16, 2003.