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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

DEPRIVATION OF PARENTAL SUPPORT OR CARE

TABLE OF CONTENTS

CHAPTER 41-400 DEPRIVATION OF PARENTAL SUPPORT OR CARE

Section

Deprivation of Parental Support or Care ........................................................................................... 41-400

Basis of Deprivation .......................................................................................................................... 41-401

Definition of a Parent ........................................................................................................................ 41-403

Definition - Parent .................................................................................................................. .1 Preliminary Determination of the Person Presumed to Be the Legal Parent ........................... .2 Presence of a Stepparent or UAM in the Home ...................................................................... .3

Termination of Deprivation ............................................................................................................... 41-405

Repealed by DSS Manual Letter No. EAS-88-05 ............................................................................. 41-410

Deprivation Due to Relinquishment for Adoption .................................................................. .1 Termination of Deprivation Due to Relinquishment for Adoption ......................................... .2 Acceptable Evidence of Deprivation Due to Relinquishment ................................................ .3

Parent is Deceased ............................................................................................................................. 41-420

Physical or Mental Incapacity of a Parent ......................................................................................... 41-430

Deprivation Due to Incapacity ................................................................................................ .1 Determination of Incapacity ................................................................................................... .2 Review .................................................................................................................................... .3

Unemployment Parent Program ........................................................................................................ 41-440

Definition ............................................................................................................................... .1 Requirements to be Met in Order to Establish Deprivation Due to Unemployment .......................................................................................................... .2 Repealed by Manual Letter No. 85-44, effective 7/1/85 ......................................................... .3 Repealed by Manual Letter No. EAS-98-03, effective 7/1/98. ............................................... .4 Repealed by Manual Letter No. EAS-98-03, effective 7/1/98 ................................................ .5 Repealed by Manual Letter No. EAS-98-03, effective 7/1/98 ................................................ .6 Repealed by Manual Letter No. EAS-98-03, effective 7/1/98 ................................................ .7

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-98-03 Effective 7/1/98

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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY 41-403 DEPRIVATION OF PARENTAL SUPPORT OR CARE Regulations

41-403 DEFINITION OF A PARENT

41-403

.1 Repealed by Manual Letter No. EAS-91-14, effective 10/1/91.

.2 Preliminary Determination of the Person Presumed to Be the Legal Parent

Determination of the identity of a child's legal father is guided by California Law contained in the Health and Safety Code, Evidence Code and Civil Code. There may be circumstances where the man who claims to be the father is, in fact, not considered the legal father. There may also be circumstances where the mother claims that a man is not the father but he is, in fact, to be considered the legal father. In cases where there is a question as to parentage concerning either parent, the matter should be referred to the District Attorney for resolution. In any case where the child is conceived out of wedlock, and there is no prior determination of paternity, the matter shall be referred to the District Attorney (see Section 43-201.1).

HANDBOOK BEGINS HERE

.21 California Civil Code Section 7010(a) provides the following condition under which a person will conclusively be considered the legal parent of a child:

.211 The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes except for actions brought pursuant to Section 270 of the Penal Code.

.22 The following California Code sections provide the circumstances under which a person is presumed to be the legal parent:

.221 Civil Code Section 7004:

(a) A man is presumed to be the natural father of a child if he meets the conditions as set forth in Section 621 of the Evidence Code or in any of the following subdivisions:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court.

HANDBOOK CONTINUES

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-98-03 Effective 7/1/98

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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY 41-403 (Cont.) DEPRIVATION OF PARENTAL SUPPORT OR CARE Regulations

41-403 DEFINITION OF A PARENT (Continued) 41-403

HANDBOOK CONTINUES

.222 Evidence Code Section 621:

(a) Except as provided in subdivision (b), the issue of a wife cohabitating with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.

(b) Notwithstanding the provision of subdivision (a), if the court finds that the conclusions of all the experts, as disclosed by the evidence based upon blood tests performed pursuant to Chapter 2 (commencing with Section 890) of Division 7 are that the husband is not the father of the child, the question of paternity of the husband shall be resolved accordingly.

.223 Health and Safety Code Section 10577:

(a) Any birth, fetal death, death, or marriage record which was registered within a period of one year from the date of the event under the provisions of this division, or any copy of such record or part thereof, properly certified by the State Registrar, local registrar, or county recorder, is prima facie evidence in all courts and places of the facts stated therein.

HANDBOOK ENDS HERE

.3 Presence of a Stepparent or UAM in the Home

Deprivation is not affected by the presence in the home of a stepparent or an unrelated adult male.

NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, and 10604, Welfare and Institutions Code.

41-405 TERMINATION OF DEPRIVATION 41-405

.1 When a basis for deprivation ceases, and the family remains in need, the county shall determine if any other basis for deprivation exists.

(SAR) .11 When a basis for deprivation ceases mid-period, the county shall not take mid-period action based on changes in deprivation. Any change in deprivation shall be reported on the SAR 7 or the SAWS 2 and any change in eligibility or grant amount that results from the change in deprivation shall be effective the first day of the next SAR Payment Period.

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-14-02 Effective 7/1/14

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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY 41-430 DEPRIVATION OF PARENTAL SUPPORT OR CARE Regulations

41-430 PHYSICAL OR MENTAL INCAPACITY OF A PARENT 41-430

.1 Deprivation Due to Incapacity

Deprivation due to physical or mental incapacity of a parent shall be deemed to exist when the parent of an otherwise eligible child has a physical or mental illness, defect, or impairment that reduces substantially, or eliminates the parent's ability to support or care for the child for a period which is expected to last at least 30 days (this is not intended to be a waiting period) and which is supported by acceptable evidence as specified in .2 below. Where the incapacity is initially expected to last less than 30 days but in fact lasts longer, payment shall be granted retroactively effective the correct beginning date of aid (see Section 44-317.12 and 44-317.8).

Deprivation exists if the incapacity:

.11 Prevents the parent from working full time at a job in which he or she has customarily engaged; and from working full time on another job for which he or she is equipped by education, training or experience, or which can be learned by on-the-job training; or

.12 Is the reason employers refuse to employ him or her for work the parent could do. This includes behavioral disorders which interfere with the securing and maintaining of employment; or

.13 Prevents him or her from accomplishing as much on a job as a regular employee and is the reason the parent is paid on a reduced basis even though working full time; or

.14 Qualifies the parent and he or she is employed in a job which is rehabilitative, therapeutic or in a sheltered workshop not considered to be a full-time job; or

.15 Reduces substantially or eliminates the parent's ability to care for the child.

.2 Determination of Incapacity

The determination that incapacity exists shall take into consideration the limited employment opportunities of handicapped individuals and be based upon the following acceptable evidence:

.21 A finding of eligibility for OASDI, SSI/SSP, worker's compensation, or SDI benefits based upon parent's disability or blindness is conclusive proof of incapacity for AFDC purposes when verified by the authorizing agency and the verification is adequately documented in the case record.

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-04-07 Effective 7/1/04

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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY Regulations DEPRIVATION OF PARENTAL SUPPORT OR CARE 41-440 (Cont.)

41-430 PHYSICAL OR MENTAL INCAPACITY OF A PARENT (Continued) 41-430

.22 Form CA 341 (Medical Report) or other written statement from a physician licensed or certified psychologist, or by an authorized member of his or her staff with access to the patient's medical records that provides information sufficient to substantiate the determination of incapacity and includes the following:

.221 A diagnosis of the parent's condition and explanation of the extent to which it prevents him or her from engaging in employment or why it reduces substantially, or eliminates the parent's ability to support or care for the child.

.222 The expected duration of the condition, and date of the next scheduled examination or appointment.

.223 The doctor's name, address and phone number.

.23 Where a written statement cannot be obtained without delay, for reasons beyond control of the applicant, a verbal statement from the physician, licensed or certified psychologist or an authorized staff member with access to the applicant's medical records verifying incapacity as specified above may be accepted pending written verification up to a maximum of 60 days.

If obtained verbally, documentation must include the date verification was obtained, the name of the person who supplied the verification, and the name of the county person who obtained verification.

.3 Review

If the individual's condition is expected to last more than one year it is to be reviewed at the annual reinvestigation. If the condition is not expected to last more than one year, review is to be completed at the time the condition is expected to end or earlier if there is reason to believe there has been a change in the condition.

41-440 UNEMPLOYED PARENT PROGRAM 41-440

The requirements of Section 41-440 apply to all principal earners who establish deprivation based on unemployment whether the individual is included or excluded from the assistance unit.

.1 Definitions

(a) Unemployed Parent:

(1) An unemployed parent is one of the natural or adoptive parents with whom a child is living, who is the principal earner [see Section 41-440.1(b)], and who:

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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY 41-440 (Cont.) DEPRIVATION OF PARENTAL SUPPORT OR CARE Regulations

41-440 UNEMPLOYED PARENT PROGRAM (Continued) 41-440

(A) Is not employed; or

(B) Is employed less than 100 hours during the four-week period prior to the date of eligibility for cash aid based on unemployment.

(2) When the principal earner is employed for less than 100 hours during the four-week period prior to the date of eligibility, he/she shall not be considered employed for purposes of unemployment deprivation.

HANDBOOK BEGINS HERE

Example 1:

A family applies for CalWORKs on the basis of unemployment deprivation on January 5, 1998; the CWD authorizes aid on February 2, 1998. On February 3, 1998, the principal earner (PE) reports that he accepted work on that day and he expects to work over 100 hours per month. Since the PE did not accept work until the day after aid was authorized (i.e., after becoming a recipient), the 100-hour limit is not applicable.

Eligibility for the AU will continue until ineligibility occurs due to excess income, excess property, etc.

Example 2:

A family applies for CalWORKs on the basis of unemployment deprivation on January 5, 1998; the CWD authorizes aid on February 1, 1998. On February 3, 1998, the PE reports that he accepted work on January 31, 1998, and he expects to work over 100 hours indefinitely. Since the PE accepted work before aid was authorized (i.e., prior to becoming a recipient), the 100-hour rule limitation is applicable. The CWD will issue a timely notice of action and terminate aid effective February 28, 1998. As ineligibility occurred prior to the authorizing action, the family is overpaid for January 1998 and February 1998.

HANDBOOK ENDS HERE

(3) Since only the principal earner can establish unemployment deprivation, the 100-hour standard does not apply to the parent who is not the principal earner.

(b) Hours of Employment -- The hours an individual spent providing a service or product, whether the individual is an employee or self-employed. Any hours spent working to acquire earned income, whether the individual receives the income or not, shall be considered toward the 100-hour limit in (a) above.

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-00-01 Effective 1/18/00

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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY Regulations DEPRIVATION OF PARENTAL SUPPORT OR CARE 41-440 (Cont.)

41-440 UNEMPLOYED PARENT PROGRAM (Continued) 41-440

.2 Requirements to be Met in Order to Establish Deprivation Due to Unemployment

To establish deprivation due to unemployment, the following requirements shall be met;

.21 Deprivation shall be due to the unemployment of the principal earner. Deprivation due to unemployment exists if the principal earner is unemployed (See Section 41-440.1(a)) for definition of unemployed) and the child would otherwise be deprived for AFDC except that neither of his/her parents is deceased, incapacitated, or absent from the home.

.22 The principal earner shall have worked less than 100 hours (Section 41-440.1(a)) during the four- week period prior to the date of eligibility for cash aid based on unemployment deprivation. The four-week period shall be adjusted daily to determine the four-week period in which the applicant principal earner worked less than 100 hours. (See Handbook Section below.)

.221 An individual who applies for CalWORKs after leaving aid due to AB 98 subsidized employment income as described in Sections 42-716.721(a) and 42-716.723(a) or expanded subsidized employment income as described in Section 42-716.81, shall be considered a current recipient for the purpose of establishing unemployment deprivation if he or she applies within three calendar months of the subsidized employment ending.

(a) During the three calendar month period after the subsidized employment ends, the 100-hour work rule as described in Section 41-440.22 shall not apply.

(b) If an individual applies for CalWORKs after this three-month period has passed, he or she shall be considered an applicant for the purpose of establishing unemployment deprivation as described in Section 41-440.22, and the 100-hour work rule will apply. (See Handbook Section below.)

HANDBOOK BEGINS HERE

.222 EXAMPLE:

An applicant principal earner was laid off on April 13th and worked a total of 40 hours in April and 40 hours per week in March. The family applied for aid on April 14th. The original four-week period would be from March 17th through April 13th. Since the PE worked 120 hours during this four-week period, a new four-week period would need to be identified.

March 18th through April 14th = 112 hours March 19th through April 15th = 104 hours March 20th through April 16th = 96 hours

The qualifying four-week period in which the PE worked less than 100 hours would be from March 20th through April 16th. The beginning date of aid for this family would be April 17th, if otherwise eligible.

HANDBOOK ENDS HERE

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-15-02 Effective 7/1/15

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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY Regulations DEPRIVATION OF PARENTAL SUPPORT OR CARE 41-450 (Cont.)

41-450 CONTINUED ABSENCE OF A PARENT 41-450

.1 Definition of "Continued Absence"

.11 "Continued Absence" exists when the natural parent is physically absent from the home, and the nature of the absence results in an interruption or termination of the parent's functioning as a provider of maintenance, physical care, or guidance for the child, regardless of the reason for the absence or the length of time the parent has been absent, and the known or indefinite duration of the absence precludes counting on the parent's performance in planning for the present support or care of the child.

If such an interruption or termination of performance of parental responsibilities exists, "continued absence" shall be considered to exist for purposes of eligibility for AFDC even if the parent remains in contact with the child through regular or frequent visitation. Regular or frequent visits with the child by a parent who is physically absent from the home shall not, in and of itself, prevent a determination that "continued absence" exists. "Continued absence" shall be considered to exist when the child lives with each parent for alternating periods of time.

"Continued absence" shall also be considered to exist when a parent who is a convicted offender is permitted to live at home while serving a court imposed sentence by performing unpaid public work or unpaid community service during the workday. This parent may be eligible to receive AFDC. (See Sections 44-203.213, 82-828.2, and 80-301(a)(5).

.12 "Continued Absence" does not exist when one parent is physically absent from the home on a temporary basis (see Section 82-812). Examples are visits, trips or temporary assignments undertaken in connection with current or prospective employment.

.13 "Continued Absence" does not exist when a parent is absent for the sole reason of performing active duty in the uniformed services of the United States.

.131 Uniformed services of the United States means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration and the Public Health Service of the United States.

.132 When an individual provides appropriate evidence (see Section 41-450.4) to establish that continued absence would exist irrespective of the parent's performance of active duty in the uniformed service of the United States, continued absence shall be considered to exist.

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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY Regulations DEPRIVATION OF PARENTAL SUPPORT OR CARE 41-450

41-450 CONTINUED ABSENCE OF A PARENT (Continued) 41-450

.23 A parent has filed, or retained legal counsel for the purpose of filing an action for dissolution of marriage, for a judgment of nullity, or for legal separation.

.24 The court has issued an injunction forbidding the parent to visit the custodial parent or child.

.25 The remaining parent has presented a signed, written statement (see .5 below) that the other parent has left the family and that the nature of the absence constitutes continued absence as defined in .1 above.

.26 Both parents are physically out of the home and their whereabouts are not known.

.3 Beginning Date of "Continued Absence"

Deprivation due to "continued absence" exists as of the date that one of the foregoing circumstances occurs, as shown by evidence presented in accordance with Section 41-450.4.

.4 Evidence of "Continued Absence"

.41 The written statement of the applicant or recipient parent may be considered sufficient evidence of "continued absence" of the other parent, unless conflicting information is known to the county or reasonable doubt indicates further evidence is necessary.

.42 If conflicting information is known to the county or reasonable doubt indicates further evidence is necessary, the written statement of the applicant or recipient parent must be supported by at least one of the following:

a. Additional evidence indicating "continued absence", which may include written statements of the absent parent or other persons with prior knowledge of the family relationship; or

b. Evidence of the actions of the applicant or the recipient or the absent parent that clearly indicate not only the physical absence of the other parent but also the continued nature of the absence as defined in Section 41-450.1 above.

NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, and 10604, Welfare and Institutions Code.

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-98-03 Effective 7/1/98

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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY Regulations AGE 42-101 (Cont.)

DIVISION 42 NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

CHAPTER 42-100 AGE

42-101 AGE REQUIREMENT

42-101

.1 A child meets the age requirement for CalWORKs eligibility until his/her 18th birthday. A child 18 years of age may be eligible if the requirements in Section 42-101.2 or .3 are met.

.2 A child 18 years of age is eligible for CalWORKs only if he/she is enrolled as a full-time student (as defined by the school) in high school or, if he/she has not completed high school, in a vocational or technical training program which cannot result in a college degree, provided he/she can reasonably be expected to complete either program before reaching age 19.

.21 The requirements of this section cannot be met by correspondence course work.

.22 A student enrolled in a full-time program shall be considered attending on a full-time basis until enrollment is terminated by the school or the student.

.23 In addition, for a child in receipt of Kin-GAP, the child and placement agency must sign a mutual agreement (KG 1) prior to or within the month the child reaches age 18.

.3 Non-Minor Dependents

.31 A non-minor dependent is eligible for CalWORKs beyond age 18 if he/she is in foster care and meets one or more of the following requirements:

(a) Enrolled in and working towards completing high school or an equivalency program.

(b) Enrolled at least half-time in post-secondary or vocational school, or enrolling for the next available term.

(d) Employed at least 80 hours per month.

(e) Incapable of enrollment or participation in school or employment due to a documented medical (physical, mental, or emotional) condition.

.32 In addition, the non-minor dependent must sign a mutual agreement with the county welfare department documenting the non-minor dependent’s agreement to comply with program requirements and eligibility conditions for extended CalWORKs benefits.

(a) A non-minor dependent is exempt from signing a mutual agreement if he/she is unable to give consent due to a documented medical condition (i.e., physical, mental, or emotional).

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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY 42-101 (Cont.) AGE Regulations

42-101 AGE REQUIREMENT (Continued)

42-101

.4 Children who currently receive or have in the past received SSI/SSP benefits shall be considered disabled. Parent/caretaker relatives shall cooperate with the CWDs to obtain verification of receipt of SSI/SSP benefits. Past or present 18-year-old recipients of SSI/SSP benefits who attend school full-time shall be considered an eligible child in their parent/caretaker relative’s AU and aid shall continue for the otherwise eligible parent/caretaker relative until the child completes the program, turns 19 or stops attending school full-time, whichever occurs first.

.41 Verification may include a copy of a Social Security determination letter. To determine if the child who is turning 18-years-old is attending school full-time, verification shall be obtained in accordance with MPP Section 40-105.5 (b).

.5 Children who currently receive or have in the past received services through a Regional Center Program pursuant to the Lanterman Act shall be considered disabled. Parent/caretaker relatives shall cooperate with the CWD to obtain verification of receipt of services. Otherwise eligible 18-year-olds who attend school full-time and are considered disabled under this criterion shall be eligible for CalWORKs benefits until they complete the program, turn 19 or stop attending school full-time, whichever occurs first.

.51 Verification may include a statement from the Regional Center stating that the child is currently receiving or has in the past received services. To determine if the child who is turning 18-years- old is attending school full-time, verification shall be obtained in accordance with MPP Section 40-105.5(b).

.6 Children who currently receive services at school in accordance with their Individual Education Plan (IEP) or receive services under/pursuant to Section 504 of the Rehabilitation Act (e.g., a Section 504 Plan or Section 504 Accommodation Plan) or have received such services in the past, shall be considered to be disabled. Parent/caretaker relatives shall cooperate with the CWD to obtain verification of receipt of services. Otherwise eligible 18-year-olds who attend school full-time and are considered disabled under this criterion shall be eligible for CalWORKs benefits until they complete the program, turn 19 or stop attending school full-time, whichever occurs first.

.61 Verification may include a copy of the child’s IEP or Section 504 Plan/Section 504 Accommodation Plan (MPP 40-105.5 (b)). To determine if the child who is turning 18 years-old is attending school full-time, verification shall be obtained in accordance with MPP Section 40-105.5 (b).

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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY Regulations AGE 42-111

.7 When a child’s disability cannot be verified by the criteria described above, the parent/caretaker relative can provide independent verification or authorize the CWD to obtain documentation from a health care provider or a trained, qualified learning disabilities evaluation professional of a current or past disability. Otherwise eligible 18-year-olds who attend school full-time and are considered disabled under this criterion shall be eligible for CalWORKs benefits until they complete the program, turn 19 or stop attending school full-time, whichever occurs first. To determine if the child who is turning 18-years-old is attending school full-time, verification shall be obtained in accordance with MPP Section 40-105.5(b).

NOTE: Authority cited: Sections 10553, 10554, and 11369, Welfare and Institutions Code. Reference: Sections 10063(a), 11253, and 11403(b), Welfare and Institutions Code, Fry v. Saenz 98 Cal.App.4th256, and Fry v. Saenz, (Sacramento County Superior Court), Case No. 00CS01350, Judgment and Peremptory Writ of Mandate, July 7, 2004.

42-111 EVIDENCE OF AGE

42-111

.1 Determination of a child's age shall be based on acceptable evidence, including, but not limited to the following, which the county determines to be substantive and genuine:

a. Birth certificate or hospital's, physician's or midwife's birth record.

b. Baptismal certificate or church record of baptism.

c. Confirmation papers or church record of confirmation.

d. School records.

e. Indian agency records (if applicable).

f. Immigration papers or governmental record of immigration.

g. Naturalization papers or governmental record of naturalization.

h. Adoption decree.

i. Passport.

j. State of Federal census record.

k. The affidavit of an adult if it is based on his personal knowledge of facts which would determine the probable age of the applicant and is not merely a statement of belief based on applicant's personal appearance. Such affidavit must contain statements of the circumstances upon which the affiant's knowledge is based.

l. Entries in a family Bible or other genealogical record or memorandum of such applicant.

.2 The EW shall record in the case record the documentation used to establish age, the pertinent evidence contained in such document(s) and the date he reviewed the documentation.

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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

PROPERTY

TABLE OF CONTENTS

CHAPTER 42-200 PROPERTY

Section

Property - General ............................................................................................................................. 42-201

Basic Definitions ............................................................................................................................... 42-203

Real Property ......................................................................................................................... .1 Personal Property ................................................................................................................... .2 Owner of Property ................................................................................................................. .3 Separate Property - General ................................................................................................... .4 Community Property - General .............................................................................................. .5 Transfer of Property ............................................................................................................... .6 Net Marketing Property (Real Property Only) ....................................................................... .7 Members of the CalWORKs Family...................................................................................... .8 Liquidated Sum ..................................................................................................................... .9 Conversion of Property ......................................................................................................... .10

Determining Ownership of Real and Personal Property .................................................................... 42-205

Declaration of Property Ownership ....................................................................................... .1 Title Shared with Others ........................................................................................................ .2 Community Property ............................................................................................................. .3 Child Lives with Mother and Stepfather ................................................................................ .4 Sponsored Aliens ................................................................................................................... .5

Property Which May Be Retained by an Applicant or Recipient ...................................................... 42-207

Differentiation of Property and Income ............................................................................................. 42-209

Property Items to Be Included in Evaluating Property Which May Be Retained .............................. 42-211

Real Property to Be Included ................................................................................................. .1 Personal Property to Be Included .......................................................................................... .2

Property Items to Be Excluded in Evaluating Property Which May Be Retained ............................. 42-213

Real Property to Be Excluded................................................................................................ .1 Personal Property to Be Excluded ......................................................................................... .2 Home of the Assistance Unit ................................................................................................. .3

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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

PROPERTY

TABLE OF CONTENTS (Continued)

CHAPTER 42-200 PROPERTY

Section

Determining Value of Property ......................................................................................................... 42-215

Determination of Value of Real Property .............................................................................. .1 Acceptable Evidence of Value of Real Property .................................................................... .2 Determination of Value of Personal Property Other than Motor Vehicles ............................................................................................................ .3 Determination of Vehicle Value ............................................................................................ .4 Repealed by Manual Letter No. EAS-98-03, effective 7/1/98 ............................................... .5 Repealed by Manual Letter No. EAS-98-03, effective 7/1/98 ............................................... .6

Acquisition and Conversion of Real and Personal Property .............................................................. 42-219

Conversions of Property ........................................................................................................ .1

Transfer of Property or Income ......................................................................................................... 42-221

Special Property Considerations ........................................................................................................ 42-223

Property in Another State ...................................................................................................... .1 Tax Exemptions ..................................................................................................................... .2 Property Outside the United States ........................................................................................ .3 Ownership of Property in Militarily Occupied Areas ............................................................ .4

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-99-08 Effective 8/5/99

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NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY Regulations PROPERTY 42-201

CHAPTER 42-200 PROPERTY

42-200 PROPERTY - GENERAL

42-200

Renumbered to Section 42-201 by Manual Letter No. 85-51, effective 8/1/85.

42-201 PROPERTY - GENERAL

42-201

.1 Real and personal property shall be considered for purposes of this chapter when it is actually available. Property shall also be considered when the applicant or recipient has a legal interest in a liquidated sum and has the legal ability to make that sum available for support and maintenance.

.2 Limits on property holdings have been set high enough that a person need not be completely destitute to qualify for aid. On the other hand, these limits insure that persons who own property sufficient to provide themselves with the necessities of life do not receive aid intended for those in greater need. Limits on property which he/she can retain and remain eligible for aid are set forth in this chapter.

HANDBOOK BEGINS HERE

.3 Objectives

In determining eligibility with respect to property, it is necessary to ascertain the purposes for which property is held. A person is eligible if the property he owns is held for any one of the following purposes (within certain limits): (1) To provide him with a home; (2) to provide him with income to help meet his needs; (3) to provide him with a reserve to meet a future need.

Emphasis is placed on the purpose for which property is allowed to be held. The specific limits with respect to use or total value on some types of property constitute a part of the definition of a needy person; but the more important consideration is that property may be held within those limits, because it meets a present or future need of the recipient.

Regulations in this chapter are designed to express a general test: does the property meet a current need or is it to be held for some future need? This test should be the basis of decision in situations not specifically or exactly covered by the regulations.

Policies governing eligibility with respect to property shall be administered with consideration to the ability and circumstances of the person in order that undue hardship not be imposed upon him in making his plans to comply with property provisions.

HANDBOOK ENDS HERE

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RESPONSIBLE RELATIVES CHILD AND SPOUSAL SUPPORT

TABLE OF CONTENTS

DIVISION 43 RESPONSIBLE RELATIVES

CHAPTER 43-200 CHILD AND SPOUSAL SUPPORT

Section

Repealed by Manual Letter No. EAS-97-09, effective 7/1/97 .......................................................... 43-200

Repealed by Manual Letter No. EAS-97-09, effective 7/1/97 .......................................................... 43-201

Distribution of Child and Spousal Support Payments....................................................................... 43-203

Repealed by Manual Letter No. EAS-99-10, effective 8/12/99 ............................................ .7 Repealed by Manual Letter No. EAS-99-10, effective 8/12/99 ............................................ .8 Repealed by Manual Letter No. EAS-99-10, effective 8/12/99 ............................................ .9

Repealed by Manual Letter No. EAS-99-10, effective 8/12/99 ........................................................ 43-205

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RESPONSIBLE RELATIVES Regulations CHILD AND SPOUSAL SUPPORT 43-203 (Cont.)

CHAPTER 43-200 CHILD AND SPOUSAL SUPPORT

43-200 CHILD SUPPORT ENFORCEMENT PROGRAM

Repealed by Manual Letter No. EAS-97-09, effective 7/1/97

43-201 CHILD AND SPOUSAL SUPPORT AND PATERNITY

Repealed by Manual Letter No. EAS-97-09, effective 7/1/97

43-203 DISTRIBUTION OF CHILD AND SPOUSAL SUPPORT PAYMENTS

.1 See Manual of Policies and Procedures, Division 12, Section 12-425 for child/family and spousal support distribution regulations in current and former CalWORKs and foster care cases.

HANDBOOK BEGINS HERE

.11 Manual of Policies and Procedures, Division 25, Handbook Sections 25-900 through 25-925 are replaced with the regulations contained in Manual of Policies and Procedures, Division 12, Chapter 12-400.

HANDBOOK ENDS HERE

.4 Repealed by Manual Letter No. EAS-99-10, effective 8/12/99

.5 Repealed by Manual Letter No. EAS-99-10, effective 8/12/99

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RESPONSIBLE RELATIVES 43-203 (Cont.) CHILD AND SPOUSAL SUPPORT Regulations

43-203 DISTRIBUTION OF CHILD AND SPOUSAL SUPPORT PAYMENTS

(Continued)

.6 Repealed by Manual Letter No. EAS-99-10, effective 8/12/99.

.7 Repealed by Manual Letter No. EAS-99-10, effective 8/12/99.

.8 Repealed by Manual Letter No. EAS-99-10, effective 8/12/99.

.9 Repealed by Manual Letter No. EAS-99-10, effective 8/12/99.

NOTE: Authority cited: Sections 10553, 10554, and 11457, Welfare and Institutions Code. Reference: Section 11477, Welfare and Institutions Code; Personal Responsibility and Work Opportunity Act of 1996 (P.L. 104-193), Sections 457(a)(1) and (2) [42 U.S.C. 657(a)(1) and (2)]; Office of Child Support Enforcement Action Transmittal 97-17, Sections II(a), V, VI(b), and VIII, Questions 2, 5, 10, 14, 15, 23, and 24; and 45 CFR 302.52.

43-205 TREATMENT OF UNDELIVERABLE AND UNCASHED WARRANTS

Repealed by Manual Letter No. EAS-99-10, effective 8/12/99.

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ELIGIBILITY AND ASSISTANCE STANDARDS

STANDARDS OF ASSISTANCE

TABLE OF CONTENTS

DIVISION 44 STANDARDS OF ASSISTANCE

Chapter

Income .............................................................................................................................................. 44-100

AU Composition and Need ............................................................................................................... 44-200

Aid Payments .................................................................................................................................... 44-300

Reduced Income Supplemental Payments ........................................................................................ 44-400

Repealed by Manual Letter No. EAS-98-05, effective 12/29/98 ...................................................... 44-500

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STANDARDS OF ASSISTANCE

INCOME

TABLE OF CONTENTS

CHAPTER 44-100 INCOME

Section

Income Definitions ....................................................................................................................... 44-101

General ............................................................................................................................... (a) Separate and Community Income ...................................................................................... (b) Reasonably Anticipated Income ........................................................................................ (c) Current Income .................................................................................................................. (d) Earned Income ................................................................................................................... (e) Disability-Based Unearned Income ................................................................................... (f) Unearned Income ............................................................................................................... (g) Voluntary Contributions .................................................................................................... (h) Death Benefits .................................................................................................................... (i) Income In Kind .................................................................................................................. (j) Interest Income ................................................................................................................... (k) Lump Sum Income ............................................................................................................. (l) Income Reporting Threshold (IRT) ................................................................................... (m)

Availability of Income ................................................................................................................. 44-102

Exploration of Income Potentials and Income Verification .......................................................... 44-103

County Responsibility ........................................................................................................ .1 Applicant and Recipient Responsibility ............................................................................. .2 Repealed by Manual Letter No. EAS-93-08, effective 7/1/93 ............................................ .3

Differentiation of Property and Income ....................................................................................... 44-105

Repealed by ML No. 82-26 ................................................................................................ .1 Repealed by ML No. 82-26 ................................................................................................ .2 Payments Which Include Compensation for Converted Property ..................................... .3

Payments Excluded or Exempt from Consideration as Income ................................................... 44-111

The Exclusions and Exceptions and the Applicable Programs are Discussed Below ......................................................................................... .1 Exemption of Earned Income ............................................................................................. .2 Exemption of Payments from Public Sources ..................................................................... .3 Exclusions or Exemptions of Other Payments and Income ................................................ .4 Nonexempt Income ............................................................................................................. .5 Other Income Which Is Mandatorily Exempt Under Federal Law ..................................... .6

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STANDARDS OF ASSISTANCE

INCOME

TABLE OF CONTENTS

CHAPTER 44-100 INCOME (Continued)

Section

Net Income ................................................................................................................................... 44-113

Property .............................................................................................................................. .1 Earnings ............................................................................................................................. .2 Net Income from Social Security, Railroad Retirement Benefits and Other Pensions............................................................................................................ .3 Unrelated Adults, Including Unrelated Adult Males, Living in the Home .......................................................................................................... .4 Child/Spousal Support Paid to Recipient ........................................................................... .5 Refunds of Retirement Contributions ................................................................................ .6 Death Benefits .................................................................................................................... .7 Income from Payments Which Include Compensation for Converted Property ..................................................................................................... .8

Evaluation of Income In-Kind ..................................................................................................... 44-115

Free Board and Lodging Received During Temporary Absence from Home ....................................................................................................................... .1 Nonneedy Relatives ........................................................................................................... .2 In-Kind Income Values ...................................................................................................... .3

Treatment of Income - CalWORKs ............................................................................................. 44-133

All Net Income of Persons Included in the Assistance Unit Is Income to the Assistance Unit .............................................................................. .1 Income in Cases in Which the Assistance Unit Resides in the Same Household as an SSI/SSP or CAPI Recipient .............................................. .2 Income of Children in Foster Care and Kin-GAP .............................................................. .3 Income in Cases in Which a Parent or Child Has Been Sanctioned or Penalized ................................................................................................... .4 Income and Needs in Cases in Which a Person is Excluded ............................................. .5 Income of a Nonneedy Caretaker Relative Other Than the Parent .................................... .6 Income in Cases Where a Noncitizen Has Been Sponsored for Entry into the United States ....................................................................................................... .7 Income and Needs of Timed-Out Adults ........................................................................... .8

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STANDARDS OF ASSISTANCE Regulations INCOME 44-101 (Cont.)

CHAPTER 44-100 INCOME

44-101 INCOME DEFINITIONS

(SAR) (a) Income, generally, is any benefit in cash or in-kind which is reasonably anticipated to be available to the individual or is received by him/her as a result of current or past labor or services, business activities, interests in real or personal property, or as a contribution from persons, organizations or assistance agencies. To be considered in determining the cash aid payment, income must be reasonably anticipated to be available to needy members of the family in meeting their needs during the SAR Payment Period. Subject to this limitation and the exemptions and exclusions, as specified in Section 44-111 of this chapter, such benefits are taken into consideration as income in evaluating the need of the recipient and in determining the amount of cash aid to which the recipient is entitled.

(AR/CO) Income, generally, is any benefit in cash or in-kind which is reasonably anticipated to be available to the individual or is received by him/her as a result of current or past labor or services, business activities, interests in real or personal property, or as a contribution from persons, organizations or assistance agencies. To be considered in determining the cash aid payment, income must be reasonably anticipated to be available to needy members of the family in meeting their needs during the AR/CO Payment Period. Subject to this limitation and the exemptions and exclusions, as specified in Section 44-111 of this chapter, such benefits are taken into consideration as income in evaluating the need of the recipient and in determining the amount of cash aid to which the recipient is entitled.

(b) Separate and Community Income

(1) Separate income is:

(A) Income derived from an interest in separate property; or,

(B) Income resulting from employment or military service rendered prior to the present marriage.

(C) Income received after the rendition of a decree for separate maintenance, as distinguished from a decree of dissolution, or when one spouse is living apart from the other spouse, as well as after dissolution.

(D) Funds awarded a married person from his/her spouse in a civil action for personal injuries are considered that spouse's separate income during the month of receipt, and separate property if retained past the month of receipt. If these funds are paid as a nonrecurring lump sum payment, then the funds shall be treated as property in accordance with Section 42-209.2.

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STANDARDS OF ASSISTANCE 44-101 (Cont.) INCOME Regulations

44-101 INCOME DEFINITIONS (Continued)

(2) Community income is:

(A) Generally income derived from an interest in community property; or,

(B) Income resulting from employment or military service performed during the marriage and not under the situation described in (b)(1)(C) above.

(C) Funds awarded a married person in a civil action for personal injuries are considered community income during the month of receipt and community property if retained past the month of receipt except as provided in Section 44-101(b)(1)(D), 42-203.5, and 42-205.3. If these funds are paid as a nonrecurring lump sum payment, then the funds shall be treated as property in accordance with Section 42-209.2.

(SAR) (1) Income is reasonably anticipated when the county determines it is reasonably certain that the recipient will receive a specified amount of monthly income during the SAR Payment Period. This definition applies to both earned and unearned income. See Section 44-315.31(SAR).

(AR/CO) Income is reasonably anticipated when the county determines it is reasonably certain that the recipient will receive a specified amount of monthly income during the AR/CO Payment Period. This definition applies to both earned and unearned income. See Section 44- 315.31(AR/CO).

(d) Current Income

(1) Current income generally is all income which is available during a month without regard to any allowable exemptions or disregards.

(e) Earned Income

(1) Earned income is income received in cash or in kind as wages, salary, employer provided sick leave benefits, commissions or profit from activities such as a business enterprise, farming, etc., in which the recipient is engaged as a self-employed individual or as an employee.

(2) Earned income also includes:

(A) Earnings over a period of time for which settlement is made at one given time, as in the instance of sale of farm crops, livestock, poultry, other than sale of an entire holding.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-101 (Cont.)

44-101 INCOME DEFINITIONS (Continued)

(B) Returns from personal or real property, such as net income from rental of rooms, or board and room.

(C) Earnings under Title 1 of the Elementary and Secondary Education Act, and wages paid under the Job Training Partnership Act (JTPA), (see Section 44-111.21 for disregard applicable to JTPA earned income of a child).

(D) Payments under the Economic Opportunity Act, including payments to beneficiaries of assistance under the Act, through such programs as the Neighborhood Youth Corps, New Careers and Concentrated Employment.

(E) Training incentive payments and work allowances under ongoing manpower programs, other than Welfare-to-Work (formerly GAIN) and JTPA.

(F) Earnings from On-the-Job Training (OJT).

(3) Earned income does not include:

(A) Grants that do not meet the exemption criteria specified in Sections 44-111.431, and .432.

(B) Benefits (excluding those specified in Section 44-101(e)(1)) accruing as compensation, or reward for service, or as compensation for lack of employment (for example, pensions and benefits, such as veterans benefits).

(D) The training allowances paid to a recipient in JTPA programs. The expense allowance paid to an adult JTPA participant is applied against the actual expenses of training in determining net income. Only the amount that exceeds the expenses is counted as income.

(E) Income received from Public Service Employment under the WIN Demo program (WIN/PSE) (see Section 44-113.10).

(f) Disability-Based Unearned Income

(1) Disability-based unearned income is income received only from one or more of the following:

(A) State Disability Insurance benefits.

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STANDARDS OF ASSISTANCE 44-101 (Cont.) INCOME Regulations

44-101 INCOME DEFINITIONS (Continued)

(B) Private Disability Insurance benefits.

1. Private Disability Insurance benefits include all privately purchased or employer-sponsored disability insurance benefits whether or not there is an employee contribution.

2. Private Disability Insurance Benefits do not include disability benefits that are not insurance, such as veterans benefits.

(D) Social Security Disability Benefits.

(E) Veterans Disability Compensation benefits.

(g) Unearned Income

Unearned Income is any income that is not earned income or disability-based unearned income.

(h) Voluntary Contributions

A voluntary contribution is a contribution for which the contributor has no legal liability.

(i) Death Benefits

Death benefits are considered income. Death benefits are those life insurance or burial payments made to a deceased's beneficiary. To determine net income, see Section 44-113.11.

Note: If the amount of the death benefit is of negligible importance in meeting continuing needs, refer to Section 44-111.44.

(j) Income In Kind

Income in kind is any benefit received other than in cash. It includes the value of need items provided at no charge (see Section 44-115).

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STANDARDS OF ASSISTANCE Regulations INCOME 44-101 (Cont.)

44-101 INCOME DEFINITIONS (Continued)

(k) Interest Income

Interest on a savings account in a bank, savings and loan association, or other institution authorized to accept savings and interest which is received as a result of any contractual obligation.

(l) Lump Sum Income

Lump sum income is any income received by an AU which is not recurring regular income. Lump sum income is usually nonrecurring in regard to amount and/or source. Lump sum income includes but is not limited to the following: retroactive social insurance payments, real estate commissions such as from sales, income from freelance work, net proceeds from sale of a crop and bonuses.

(SAR) (1) Lump sum nonrecurring payments are considered property under the semi-annual reporting system (see Section 42-209.2).

(AR/CO) Lump sum nonrecurring payments are considered property under the annual reporting system (see Section 42-209.2).

(m) Income Reporting Threshold (IRT)

(1) The level of income that triggers the need for a CalWORKs AU to report a mid-period change in income (see Section 44-316.324).

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 10553, 10554, 11265.1, 11265.2, 11265.3, 11265.46, 11265.47, 11450.5, and 11451.5, Welfare and Institutions Code; Federal Action Transmittal ACF-AT-94-12; 45 CFR 233.20(a)(6)(iii); 45 CFR 233.20(a)(6)(v)(B); Sallis v. McMahon, Sacramento County Superior Court, case no. 364308, January 30, 1991 and 45 CFR 233.20(a)(3)(iv)(B) and (a)(4)(ii)(d).

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STANDARDS OF ASSISTANCE Regulations INCOME 44-102

44-102 AVAILABILITY OF INCOME

(SAR) .1 All reasonably anticipated income shall be considered to be available to meet the needs of the AU during the SAR Payment Period and shall be considered when determining eligibility and grant amount, except:

(AR/CO) All reasonably anticipated income shall be considered to be available to meet the needs of the AU during the AR/CO Payment Period and shall be considered when determining eligibility and grant amount, except:

.11 INTEREST INCOME - Interest income which is received on a regular basis, but less frequently than monthly, shall be apportioned equally over the number of months it has accrued beginning with the month after receipt.

.12 CONTRACTUAL INCOME - Income an employee receives under an annual contract of employment shall be apportioned equally over the period of the contract beginning with the first month of the contract when he works and receives income from such contract in fewer than twelve (12) months, but more than eight (8) months.

.13 CHILD SUPPORT - Child support collected by the county shall not be considered available to the recipient, other than as provided in Sections 43-203.1 and 43-203.4.

(SAR) .14 MONTHLY RECURRING UNEARNED GOVERNMENTAL BENEFITS - Monthly benefits (e.g., Social Security benefits, or Veterans benefits, etc.) shall be considered to be available in the month the payment is reasonably anticipated to be received or is intended for (see Section 44-315.31(SAR)), when the income meets the following criteria:

(AR/CO) MONTHLY RECURRING UNEARNED GOVERNMENTAL BENEFITS - Monthly benefits (e.g., Social Security benefits, or Veterans benefits, etc.) shall be considered to be available in the month the payment is reasonably anticipated to be received or is intended for (see Section 44-315.31(AR/CO)), when the income meets the following criteria:

.141 The receipt date of the income varies because mailing cycles cause two payments to be received in one month and none in the preceding or following month;

.142 The source of income is a governmental benefit program; and

.143 The income is unearned and recurring.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 11157 (Ch. 270, Stats. 1997), 11265.2, and 11450.5, Welfare and Institutions Code.

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STANDARDS OF ASSISTANCE 44-103 INCOME Regulations

44-103 EXPLORATION OF INCOME POTENTIALS AND INCOME

VERIFICATION

.1 County Responsibility

.11 The county shall:

.111 Review, with the applicant or recipient, all his/her resources to determine income- producing potential.

.112 Determine whether income is actually received and, if so:

(a) The regularity of receipt,

(b) The gross or net amount, as appropriate,

(d) Whether the income is excluded or exempt, in whole or in part.

.114 Repealed by Manual Letter No. EAS-93-08, effective 7/1/93.

.115 Repealed by Manual Letter No. EAS-93-08, effective 7/1/93.

.116 Repealed by Manual Letter No. EAS-93-08, effective 7/1/93.

.117 Repealed by Manual Letter No. EAS-93-08, effective 7/1/93.

.118 Repealed by Manual Letter No. EAS-93-08, effective 7/1/93.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-103

44-103 EXPLORATION OF INCOME POTENTIALS AND INCOME

VERIFICATION (Continued)

.12 The county shall examine income available to the applicant or recipient from the following potential sources:

.121 Social Insurance, i.e., OASDI, Railroad Retirement, Unemployment Insurance, Disability Insurance, etc.

.122 Benefits available to veterans of military service, members of military service, their spouses, and their dependents.

.123 Rights and interests in real and personal property.

.124 Responsible relatives who may be contributing or have a legal liability to contribute.

.125 Other persons who may be contributing.

.126 Recipient's capacity for self-help and employment.

.127 Private pension plans, union welfare funds, life insurance disability benefits, and other forms of assistance.

.2 Applicant and Recipient Responsibility

.21 The applicant or recipient, including the person responsible for the child shall provide information necessary to determine income.

.22 The requirement in Section 44-103.21 is considered to be met on the date of application as long as it is completed by the date of authorization of aid.

.23 The county shall deny or discontinue aid, including immediate need, to the AU when the applicant or recipient fails or refuses to provide information necessary to determine income.

.231 Repealed by Manual Letter No. EAS-93-08, effective 7/1/93.

.24 Repealed by Manual Letter No. EAS-93-08, effective 7/1/93.

.3 Repealed by Manual Letter No. EAS-93-08, effective 7/1/93.

NOTE: Authority cited: Sections 10553, 10554, 10604, and 11209, Welfare and Institutions Code. Reference: Sections 10553, 10554, 10604, and 11270, Welfare and Institutions Code; and 45 CFR 233.10(a)(1) and 233.20(a)(3)(ix).

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STANDARDS OF ASSISTANCE 44-105 INCOME Regulations

44-105 DIFFERENTIATION OF PROPERTY AND INCOME

.1 (Repealed by Manual Letter No. 82-26, effective 04/02/82.)

.2 (Repealed by Manual Letter No. 82-26, effective 04/02/82.)

.3 Payments Which Include Compensation for Converted Property

.31 Payments which include compensation for converted property are those payments received from insurance companies, settlements, court judgments, or other similar sources which wholly or partially compensate for property which has been lost, stolen, damaged, or destroyed.

.32 The proper treatment of such payments is made by determining the proportion of the payment attributable to the property conversion and to treat the remainder as income. This determination is made by subtracting from the total amount of the payment, the value of the converted property at the time it was lost, stolen, damaged, or destroyed.

The value of the converted property shall be the largest of the following amounts:

(1) The value specified by the issuing source (insurance claim, specified verdict, etc.).

(2) The value assigned to the property at the last redetermination prior to its destruction.

(3) The value that would have been assigned to the property under current regulations (e.g., the value of a motor vehicle in accordance with 42-215.4).

(4) Any other evidence substantiating the value of the property at the time it was lost, stolen, damaged, or destroyed.

.33 The portion of the payment which compensates for converted property shall be treated in accordance with Section 42-213.

.34 Any remainder shall be treated in accordance with Section 44-113.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-111 (Cont.)

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME

.1 The Exclusions and Exemptions and the Applicable Programs are Discussed Below

Federal and state statutes exclude or exempt certain types of payments or benefits in whole or in part from consideration as income. These exclusions and exemptions vary widely between programs. However, the federal statutes also provide that any income to an individual which is disregarded in determining his eligibility under the provisions of one categorical aid program, shall not be taken into consideration in determining the eligibility and/or the amount of assistance paid to a recipient receiving aid under another categorical aid program.

.2 Exemption of Earned Income

(See Section 44-101(e) for the definition of earned income.)

.21 Job Training Partnership Act (JTPA) - Earned Income of a Child

.211 All earnings of a child (see Section 42-101 for age requirement) which are derived from participation in JTPA programs shall be disregarded from consideration as income for both eligibility and grant determinations.

.212 Repealed by Manual Letter No. EAS-98-03, effective 7/1/98.

.22 Student Exemption

.221 All earned income of a child under 19 years old is exempt if:

a. He/she is a full-time student, or

b. He/she has a school schedule that is equal to at least one- half of a full-time curriculum, and he is not employed full time.

.222 For purposes of this exemption the following definitions apply:

a. School attendance is defined as attendance in a school, college, university, or in a course of vocational or technical training designed to fit the child for gainful employment and includes a participant in the Job Corps program under the Economic Opportunity Act.

b. Part-time employment is defined as less than 173 hours per month.

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STANDARDS OF ASSISTANCE 44-111 (Cont.) INCOME Regulations

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

.223 The student exemption applies to full- or part-time earnings between school terms or during vacation periods, if the child plans to continue to be a student next term or when the vacation period ends.

.224 This exemption is applied:

a. For financial eligibility purposes, to the earnings of full-time student applicants and recipients and part-time student recipients. This exemption does not apply to earnings of a part-time student applicant. See Section 44- 207.321.

b. For purposes of grant determination whether or not the student has received aid previously.

.23 $225/225 and 50% Disregards

.231 A family shall have $225 of disability-based unearned income (DBI) and up to $225 of any unused amount of the DBI disregard plus 50% of any remaining earned income disregarded as income. These disregards are applied as follows and subject to the method outlined in Section 44-113.2. If the disability-based unearned income is:

(a) Greater than $225, the difference is added to any other nonexempt income.

(b) Less than $225, up to $225 of the remaining disregard is subtracted from any earned income.

.232 Repealed by Manual Letter No. EAS-98-03, effective 7/1/98.

.233 Wages derived from a diverted grant and/or grant savings and paid to CalWORKs recipients who are participants in the grant-based OJT programs specified in Sections 42-716.1(f) and (g) shall not be eligible for the $225 and 50 percent earned income disregard.

.24 College Work Study Programs

Earned income from any college work study program is exempt. This exemption is applied for both eligibility and grant determination whether or not the student has received aid previously.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-111 (Cont.)

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

.25 Independent Living Program (ILP)

.251 Income and incentive payments earned by a child 16 years of age or older who is participating in the Independent Living Program (ILP) are exempt as income for purposes of eligibility and grant determination when received as part of the ILP written transitional independent living plan. There is no limit to the amount exempted under this subsection.

HANDBOOK BEGINS HERE

See Sections 30-002i.(1), w.(1), 30-342.5, and 30-442.5 for the definition and description of ILP.

HANDBOOK ENDS HERE

.3 Exemption of Payments from Public Sources

a. A relocation assistance benefit, paid by a public agency to a public assistance recipient who has been relocated as a result of a program of area redevelopment, urban renewal, freeway construction or any other public development, involving demolition or condemnation of existing housing, is exempt income.

b. (Reserved)

c. Job Training Partnership Act (JTPA)

(1) Payments, other than earnings, to a child (see Section 42-101 for age requirement) which are derived from participation in JTPA programs shall be disregarded as income for both eligibility (including the 185 percent income limit) and grant determinations. There is no time limit for this disregard. This disregard does not apply to earnings paid under the Act (see Section 44-111.21).

(2) Payments to an adult which are derived from participation in JTPA programs shall be exempt as income to the extent the payment reimbursements do not exceed actual expenses. This exemption does not apply to earnings paid under the Act.

d. (Reserved)

e. (Reserved)

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STANDARDS OF ASSISTANCE 44-111 (Cont.) INCOME Regulations

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

f. Payments made by CalWORKs for child care costs pursuant to Section 47-420.2.

g. (Reserved)

h. (Reserved)

i. (Reserved)

j. Payments made for out-of-pocket expenses of persons serving on advisory group(s) set up by the Department of Social Services and/or the Health and Welfare Agency are exempt.

k. Exempt the following payments or funds received from the California Franchise Tax Board:

(1) Renters Credits

(2) Senior Citizens Homeowners and Renters Property Tax Assistance Program

(applies to persons who are disabled, blind or 62 years of age or older)

(3) Senior Citizens Property Tax Postponement Program

(applies to persons 62 years of age and older)

l. Special Tax Rebates and Credits

Tax rebates, credits or similar temporary tax relief measures which state or federal law for AFDC specifically exclude from consideration as income are exempt.

The state shall promptly advise county welfare departments on the exempt status of other special tax rebates and credits in each program and shall prescribe the method of notifying recipients. Recipients must cooperate with county personnel by providing necessary information or documentation such as Form W-2 and Form 1040 to compute the correct grant amount. This section does not apply to annual refunds of income tax.

HANDBOOK BEGINS HERE

Income tax refunds are classified as personal property (see Section 42-211.21).

HANDBOOK ENDS HERE

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STANDARDS OF ASSISTANCE Regulations INCOME 44-111 (Cont.)

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

m. Payments received under the California Victims of Crimes Program are exempt.

n. The allowance for training expenses paid to recipients participating in Department of Rehabilitation training programs.

o. Payments received under the Energy Crisis Assistance Program or the Low Income Energy Assistance Program.

p. (Reserved)

q. Repealed by Manual Letter No. EAS-92-01, effective 1/1/92.

.4 Exclusions or Exemptions of Other Payments and Income

.41 Academic/Extracurricular Awards or Scholarships to Dependent Children

.411 Any awards or scholarships provided by public or private entity, to or on behalf of, a dependent child based on the child’s academic or extracurricular achievement or participation in a scholastic, educational, or extracurricular competition.

.42 County Supplementation and Voluntary Contributions

.421 County supplementation and/or voluntary contributions from persons or organizations having no liability for the support of the recipient, are not considered income when:

a. The service to be provided is designated as a need by the State Department of Social Services, and

b. The contribution would not be available for expenditure unless used in accord with conditions imposed by the donor, and

c. The recipient's grant and other income are not sufficient to meet his total need within the limitations specified in the Need chapter for the particular program, or the designated need is one, all or a portion of, which is not included in the assistance standard for the particular program and thus cannot be met from the recipient's grant and income.

.422 Designated needs within the meaning of this section include:

a. Housing Approved for Federal Rent Supplements Under the Housing Act of 1965.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-111 (Cont.)

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

When the recipient qualifies for a rent supplement under the Federal Housing Act of 1965, the rent supplement payment made by the federal agency, on behalf of the recipient, to the landlord or sponsor, is disregarded as income.

.43 Loans and Grants

The following loans and grants are not considered income as specified: (See Section 42- 213.2c for treatment as property.)

.431 Loans and grants received under the Carl D. Perkins Vocational and Applied Technology Education Act. These loans and grants are excluded only to the extent that the proceeds are used to meet attendance costs for a student attending school on at least a half-time basis, as defined by the institution. Attendance costs are defined as tuition, fees, rental or purchase of required equipment, materials or supplies, books, transportation, dependent care and miscellaneous personal education expenses.

HANDBOOK BEGINS HERE

a. The following examples apply to loans and grants under the Carl D. Perkins Vocational and Applied Technology Education Act only:

1. Example: Grant - Student is awarded a $1000 grant. $600 is for tuition, fees and books; $400 is used to meet current living expenses during the budget period. The $600 used to meet attendance costs is exempt from consideration as income. The $400 used to meet current needs, not associated with attendance costs, is taken into consideration as income in the month received.

2. Example: Loan - Student is awarded a $1000 loan. $600 is for tuition, fees and books; $400 is used to meet current needs during the budget period. The recipient provides a written agreement signed and dated by the lender and recipient which indicates an obligation to repay the loan and a repayment plan. The full loan is subject to exemption based on Section 44-111.437.

HANDBOOK ENDS HERE

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STANDARDS OF ASSISTANCE 44-111 (Cont.) INCOME Regulations

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

.432 Loans or grants made under Title IV of the Higher Education Act or under the Bureau of Indian Affairs student assistance program.

a. This includes student loans and grants that are partially funded under these programs, e.g. 50 percent Title IV funds and 50 percent state funds.

HANDBOOK BEGINS HERE

b. Examples of Title IV and Bureau of Indian Affairs loans and grants include:

1. Supplemental Educational Opportunity Grant Program

2. Carl D. Perkins Loans (NOTE: Differs from the student financial assistance provided under the Carl D. Perkins Vocational Act).

3. Robert C. Byrd Honors Scholarship Program

4. National Science Scholars Program

5. State Student Incentive Grants

A. Cal Grant Program

HANDBOOK CONTINUES

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STANDARDS OF ASSISTANCE Regulations INCOME 44-111 (Cont.)

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

HANDBOOK CONTINUES

6. Paul Douglas Teacher Scholarship Program

7. College Work Study (See Section 44-111.25.)

8. Income Contingent Loan (ICL) Program

9. Bureau of Indian Affairs Higher Education Grant

10. Indian Health Service Scholarship Program

11. Pell Grant

12. Federal Family Education Loan (FFEL) Program

A. Guaranteed Student Loan (GSL) Program

B. Stafford Loan Program

C. Consolidation Loan Program

D. Supplemental Loans for Students (SLS) Program

E. Parent Loans for Students (PLUS) Program

HANDBOOK ENDS HERE

.433 Any other grant to any undergraduate student for educational purposes made or insured under any program administered by the Federal Secretary of Education.

.434 Educational grants to undergraduate students when awarded on the basis of the student's need.

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STANDARDS OF ASSISTANCE 44-111 (Cont.) INCOME Regulations

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

a. The recipient shall provide a certification from an official at the student's school (preferably from the Financial Aid office) concerning the student's eligibility for this income exemption. The certification must state that the award is based on need and that the Public Assistance grant was considered in making the award.

.435 Educational grants other than those excluded in Sections 44-111.432, .433, and .434 only to the extent that the proceeds are used to meet educational expenses, such as fees, equipment, special clothing needs, transportation to and from school, child care services necessary for school attendance, etc.

a. The necessary costs of transportation to and from school shall be allowed based on the mode most economically available and feasible in the particular circumstances. If it is determined that personal car usage meets the criteria above, all actual transportation costs will be prorated based on the percentage of miles driven to and from school to total miles driven. Allowable transportation costs include, but are not limited to, car payments, car insurance and registration and gasoline.

b. The student must appropriately document his/ her educational expenses for the county in order to receive this exemption.

.436 Any other grants when it is verified that the proceeds are not available to meet current needs. For purposes of this section current needs are defined as those items covered in Section 44-115.3.

.437 Loans other than those excluded in Sections 44-111.431 and .432 shall be exempt. A loan is defined as specified in Sections 44-111.437a., a.(1) and a.(2):

a. A written agreement signed and dated by the lender and applicant/recipient as parties to the agreement that clearly specifies:

(1) the obligation of the applicant/recipient to repay the loan; and

(2) a repayment plan which provides for installments of specified amounts that continue on a regular basis until the loan is fully repaid.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-111 (Cont.)

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

.44 Infrequent Income

.441 Income that is received in prospectively budgeted months and is received too infrequently to be reasonably anticipated, shall be exempt from consideration

.45 Income in Kind

.451 Home Produce

Home produce such as from garden, orchard, livestock, and poultry utilized by a recipient and his household for their own consumption is not income.

.452 Partial Items of Need

Income in kind for partial items of need is exempt.

.453 Offer of a Free Home

Except as provided in W&IC 11264, aid shall not be denied or discontinued for an otherwise eligible child who is offered a free home.

.454 Provided by a Private Nonprofit Organization

Any income in kind, whether a full or partial item of need, provided on the basis of need by a private nonprofit organization shall be exempt as income.

Private nonprofit organizations are religious, charitable, educational, or other organizations such as described in Section 501(c) of the Internal Revenue Code of 1954, which include but are not limited to the Salvation Army, Red Cross, and churches. (Actual tax exempt certification by IRS is not necessary.)

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STANDARDS OF ASSISTANCE 44-111 (Cont.) INCOME Regulations

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

.46 Funds Received as a Result of the Settlement in the Underwood v. Harris Court Case

Retroactive subsidy payments received from the Department of Housing and Urban Development (HUD) which represent a reimbursement of increased tax and utility costs which were incurred in 1975 through 1977 (see Section 42-211.258(d) and 42-213.2(y) for treatment as property).

.47 Child/Spousal Support Disregard

The first $50 per month of current child/spousal support paid to or on behalf of an assistance unit shall be disregarded when determining both eligibility and grant amount.

HANDBOOK BEGINS HERE

See Section 42-213.2(k).

HANDBOOK ENDS HERE

.471 When the child/spousal support payment is received by the county, the amount of the current support payment which is paid to the assistance unit shall be disregarded. This disregard is applied in the month in which the child/spousal support payment is received by the county for eligibility determination and applied in the month in which the disregard payment is received by the assistance unit, if different, for eligibility and grant determination.

.472 When a current child/spousal support payment is received or reasonably anticipated to be received by the assistance unit directly from the absent parent, the first $50 of such payment is disregarded and the balance of the support payment is considered income to the AU.

HANDBOOK BEGINS HERE

(a) See Sections 82-520.4 and .5.

HANDBOOK ENDS HERE

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STANDARDS OF ASSISTANCE Regulations INCOME 44-111 (Cont.)

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

.473 The total amount of the current child/spousal support disregard attributable to any month shall not exceed $50 per assistance unit regardless of whether the child/spousal support is received by the county, with a portion paid to the assistance unit, or the support payment is received by the assistance unit directly. If in the same month the assistance unit receives a disregard payment from the county attributable to a prior month and also receives a current support payment directly from an absent parent/spouse, the assistance unit shall be entitled to both disregards. If the assistance unit receives a payment from the county which consists of payments from current child/spousal support for more than one month, the $50 limit shall apply only to the total child/spousal support disregard for the month to which the disregard is attributable.

HANDBOOK BEGINS HERE

For example, the county received current child/spousal support payments of $150 in January, $150 in February and issued the assistance unit a payment of $100 in March. The total $100 shall be disregarded in March for purposes of determining eligibility and grant since it is attributable to January and February.

HANDBOOK ENDS HERE

.48 Benefits and related allowances received from the United States Department of Veterans Affairs

.481 Education, training, vocation and rehabilitation benefits, and related allowances received from the United States Department of Veterans Affairs are exempt from consideration as income.

a. Benefits and related allowances include, but are not limited to:

(1) Yellow Ribbon Program

(2) Survivors' and Dependents' Educational Assistance (DEA) Program

Chapter 35

(3) Vocational Rehabilitation and Employment (VR&E) Services

(4) National Call to Service Program

(5) Compensated Work Therapy (CWT)

(6) Tutorial Assistance

(7) Monthly Housing Allowance

(8) Licensing and Certification Reimbursement

(9) Work Study

(10) Ground Infantry (GI) Bill implemented by Senate Bill 1767,

formerly known as the Servicemen’s Readjustment Act of 1944 and

the Galvanized Iron Bill

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STANDARDS OF ASSISTANCE 44-111 (Cont.) INCOME Regulations

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

b. Individuals eligible to receive the exemption include:

(1) Veterans

(2) Dependents of a veteran

(3) Spouse of a veteran who either died in the line of duty or has a

service-connected disability

________________

HANDBOOK BEGINS HERE

The following examples apply to education, training, vocation and rehabilitation

benefits and related allowances from the United States Department of

Veterans Affairs only:

(1) Example: A veteran with an Assistance Unit (AU) of 3 in Region 1

receives $500 in Veterans Disability Compensation (VDC) income,

which receives a $225* disability-based unearned income disregard.

The veteran receives benefits from the Compensated Work Therapy

(CWT) program in the amount of $238 per month. The veteran also

attends community college and receives assistance through the

Ground Infantry (GI) Bill, including $552 each semester for tuition

and fees, $2,108 per month for a monthly housing allowance and

$500 each semester for books.

(2) Amounts received from the GI Bill and the CWT program are

exempt. Income from VDC is considered income after the disability-

based unearned income disregard is applied.

HANDBOOK CONTINUES

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STANDARDS OF ASSISTANCE Regulations INCOME 44-111 (Cont.)

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

HANDBOOK CONTINUES

Computation of Benefits and Allowances to Determine Monthly CalWORKs

Grant Amount

$ 500 Disability-Based Unearned Income

- 225 Disability-Based Income Disregard*

$ 275 Nonexempt Disability-Based Income

$ 238 CWT program amount earned per month (Exempt)

$ 552 GI Bill tuition and fees per semester

2,108 Housing allowance per month

+ 500 Book Stipend

$3,160 Total GI Bill Amount (Exempt)

$ 983 Current Maximum Aid Payment (MAP) for AU of 3**

- 275 Nonexempt disability-based income

$ 708 Monthly CalWORKs Grant Amount

*Disability-based unearned income disregard = $225; income disregard

amounts are subject to change.

**Exempt MAP for AU of 3, Region 1 = $983; MAP amounts are subject to

change.

HANDBOOK ENDS HERE

.5 Nonexempt Income

Payments which do not fall within the limitations specified in the foregoing subsections, represent nonexempt income to be considered in determining the recipient's grant.

.6 Other income which is mandatorily and specifically exempt by federal law and shall be exempt from the effective date as specified in federal law.

.61 Income which is mandatorily exempt under federal law includes but is not limited to:

a. Public Law (PL) 92-254 or PL 94-540 which exempts any funds distributed per capita or held in trust for members of any Native American tribe under PL 92-254 or PL 94-540.

b. PL 93-134, PL 97-458 and PL 98-64 which exempt as income the funds of Native American tribes including interest earned from, and investment income derived from such funds when the funds have been:

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STANDARDS OF ASSISTANCE 44-111 (Cont.) INCOME Regulations

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

(1) Distributed by the Secretary of the Interior on a per capita basis; or

(2) Held in trust by the Secretary of the Interior.

c. PL 103-66 which exempts, up to $2,000 in any 12 consecutive month period, the income of individual Indians when such income is derived from individually owned interests in trust or restricted lands.

d. PL 89-73 which exempts compensation received by recipients 60 years old, or older, for volunteer services performed under the Retired Senior Volunteer Program, the Foster Grandparents Program, or the Older Americans Community Service Program of the National Older Americans Act.

e. PL 92-433 and PL 93-150 which exempt the value of supplemental food received under the Child Nutrition Act (WIC) and the National School Lunch Act.

f. PL 93-113 which exempts payments made under the Domestic Volunteer Services Act of 1973 to welfare recipients who are Vista Volunteers, and payments made for supportive services or reimbursement of out-of-pocket expenses made to persons serving in the Service Corps of Retired Executives (SCORE) and the Active Corps of Executives (ACE) pursuant to Section 418.

g. PL 100-241 which exempts distributions to a household, individual Native or descendent of a Native when received from a Native Corporation established pursuant to the Alaskan Native Claims Settlement Act (ANCSA). Exempt distributions include:

(1) Cash (including cash dividends on stock received from a Native Corporation) to the extent it does not exceed $2,000 total per person per annum, stock, a partnership interest, land or interest in land, and interest in a settlement trust.

h. PL 100-383 which exempts payments received as restitution made to U.S. citizens and permanent resident aliens of Japanese ancestry and payments received as restitution made to Aleuts as a result of being relocated by the United States government during World War II.

i. PL 100-707 which exempts federal major disaster and emergency assistance provided under the Disaster Relief Act and comparable disaster assistance provided by the state, local governments and disaster assistance organizations.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-113 (Cont.)

44-111 PAYMENTS EXCLUDED OR EXEMPT FROM CONSIDERATION

AS INCOME (Continued)

j. PL 101-201 and PL 101-239 which exempt payments received from all Agent Orange settlements.

k. PL 101-426 which exempts payments received under the Radiation Exposure Compensation Act.

l. PL 101-508 which exempts Earned Income Credit (EIC) payments.

m. PL 103-286 which exempts payment received as restitution made to victims of Nazi persecution.

n. Payments received from any federal, state, or local Adoption Assistance Program.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; SB 72 (Chapter 8, Statutes of 2011), Section 42 and Senate Bill 1041 (Chapter 47, Statutes of 2012). Reference: Sections 10553, 10554, 11008.15, 11250.9, 11265.2, 11322.6, 11322.6(f)(3), 11322.85, 11157, 11450.5, 11450.12, and 11451.5, Welfare and Institutions Code; Section 8, Public Law 93-134; Section 2, Public Law 98-64; Section 13736, Public Law 103-66; Section 1, Public Law 100-286, Section 202(a), Public Law 100-485 and 20 USC 1087uu; 45 CFR 233.20(a)(3)(iv)(B), (a)(3)(xxi), 45 CFR 233.20(a)(4)(ii); (a)(4)(ii)(d); 45 CFR 233.20(a)(4)(ii)(p) and (q); 45 CFR 233.20(a)(11)(v)(C); 45 CFR 400.66; 45 CFR 401.12; Federal Action Transmittals ACF-AT-94-27 and 94-4 and FSA-IM-89-1; 45 CFR 233.20(a)(1)(ii); 45 CFR 233.20(a)(3)(x); and Cadaret v. Wagner (Super. Ct. Sacramento County, 2011, No. 34-2009-80000302, Stipulation for Settlement and Order).

44-113 NET INCOME

.1 Property

Net income from property (including that from property in which a life estate is held), produce or business enterprises is determined by deducting from gross income all normal items of expenses incident to its receipt. Principal payments on encumbrances are not considered a necessary item of expense. If property is sold, the interest portion of any payment received is income.

Interpretation -- Net income from property, crops and livestock is computed as follows:

Source

Computation

a. Rental of real

Deduct from gross rental the property includ-

following expenses incident to ing that in

receipt: which life estate held.

1. Taxes and assessments.

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STANDARDS OF ASSISTANCE 44-113 (Cont.) INCOME Regulations

44-113 NET INCOME (Continued)

2. Interest on encumbrance payments (do not deduct principal payments). 3. Insurance. 4. Utilities. 5. Upkeep and major repairs.

If a complete dwelling unit is rented the county after consultation with the recipient (a) deducts the amount actually expended each month for upkeep and repairs; or (b) deducts 15% of the gross monthly rental plus $4.17 a month.

Note: The above expenses are prorated on the same periodic basis as the periodic basis on which the rental is received (i.e., annually, quarterly, monthly, etc.). Multiply rental income received weekly by 4-1/3 to get monthly income.

Note: Under the ordinary life estate agreement, the life tenant is entitled to the use and/or income from the property and is responsible for the usual costs of ownership such as taxes, insurance, upkeep, etc. However, if the life estate agreement stipulates the remainderman is responsible for certain expenses, such payments do not represent income to the life tenant.

b. Rental of rooms

See Section 44-113.212 for computing self-employment net and Room and Board

income.

c. Sale of real

The interest received is net income (principal payments property under

represent conversion of property from real to personal contract of

property). Deduct any interest payments on prior sale, title not

encumbrances in determining net income from interest passing.

received from sale of real property under contract of sale.

d. Personal property

Deduct from gross rental all expense necessary to (rental of trucks,

maintenance, etc. equipment, etc.)

e. Personal property

All interest received is net income, except interest on savings (interest on money,

accounts as provided in W&IC 11009. stocks, bonds, etc,)

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STANDARDS OF ASSISTANCE Regulations INCOME 44-113 (Cont.)

44-113 NET INCOME (Continued)

f. Sale of crops

Deduct from gross income the following expenses which are incurred.

1. Taxes and assessments. 2. Interest on encumbrance payments (do not deduct principal payments.) 3. Water cost. 4. Necessary repair and minor replacement of buildings and equipment. 5. Fertilizer, seed, insecticides, pruning, cultivation and harvesting costs. 6. Rental of equipment. 7. Wages. 8. Losses on crops from the previous period. 9. Other necessary expenses.

Prorate the annual expenses such as taxes, assessments, etc., according to the intervals at which the gross income was received. If other expenses cannot be identified with a particular period, determine the method which assures that the expenses are allocated as closely as possible to the period of crop income, and that on a continuing basis all necessary expenses are deducted from gross income.

g. Sale of Livestock

Proceeds from the sale of the increase of livestock (i.e., that portion which represents a capital gain) is gross income. Deduct expenses incident to raising the livestock (such as feed, pasture rent, prorated personal property tax) in computing net income.

Since such income is usually received at intervals of more than one month, the same principles that apply to determining the periods of expense for the sale of crops, apply to the sale of livestock.

Note:

Proceeds from the sale of an entire holding of livestock are not income but conversion of property.

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STANDARDS OF ASSISTANCE 44-113 (Cont.) INCOME Regulations

44-113 NET INCOME (Continued)

.2 Earnings

.21 Computation of Net Nonexempt Earned Income for CalWORKs

To determine the amount of Net Nonexempt Earned Income for the month, the following steps shall be taken:

(SAR) .211 Determine the total amount of commissions, wages or salary earned as an employee that the AU received in the Data Month and any reasonably anticipated (see Section 44-101(c)(1)(SAR)) changes to this income in the next SAR Payment Period (i.e., total income irrespective of expenses, voluntary or involuntary deductions). Also, the monetary value of any in-kind earned income per Section 44-115 shall be included. Do not include earnings exempted in entirety under Section 44-111.22.

(AR/CO) Determine the total amount of commissions, wages or salary earned as an employee that the AU received in the Data Month and any reasonably anticipated (see Section 44-101(c)(1)(AR/CO)) changes to this income in the next AR/CO Payment Period (i.e., total income irrespective of expenses, voluntary or involuntary deductions). Also, the monetary value of any in-kind earned income per Section 44-115 shall be included. Do not include earnings exempted in entirety under Section 44-111.22.

(SAR) .212 Determine the total monthly profit reasonably anticipated to be earned from self- employment by an applicant/recipient whose earnings are not exempted under Section 44-111.22 by offsetting the Data Month business expenses against the Data Month gross income from self-employment. When the computation of total profit earned in a month from self-employment disclosed shows that a loss has occurred, earned income from self-employment for that month shall be zero. No additional offset shall be allowed against the family's other income. Unless the recipient reasonably anticipates a change, use this income amount to calculate the grant for the upcoming SAR Payment Period.

(AR/CO) Determine the total monthly profit reasonably anticipated to be earned from self- employment by an applicant/recipient whose earnings are not exempted under Section 44-111.22 by offsetting the Data Month business expenses against the Data Month gross income from self-employment. When the computation of total profit earned in a month from self-employment disclosed shows that a loss has occurred, earned income from self-employment for that month shall be zero. No additional offset shall be allowed against the family's other income. Unless the recipient reasonably anticipates a change, use this income amount to calculate the grant for the upcoming AR/CO Payment Period.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-113 (Cont.)

44-113 NET INCOME (Continued)

(a) The applicant or recipient who is self-employed shall choose one of the following deductions:

(1) 40 percent of gross self-employed income, or

(2) reasonably anticipated self-employment expenses to the same extent allowed in the CalFresh Program (Section 63-503.41).

(b) Recipients who are self-employed shall be allowed to change the method of deduction identified in Section 44-113.212(a) only at redetermination or every six months, whichever occurs first.

(SAR) .213 Combine the total monthly earnings for the family determined in Section 44- 113.211(SAR) with the monthly net self-employment income determined in Section 44-113.212(SAR).

(AR/CO) Combine the total monthly earnings for the family determined in Section 44- 113.211(AR/CO) with the monthly net self-employment income determined in Section 44-113.212(AR/CO).

.214 Apply, as specified in Section 44-111.23, the $225 disregard to the reasonably anticipated total monthly disability-based unearned income for the family.

(SAR) .215 Apply up to $225 of the remainder of the $225 disability-based unearned income disregard to the reasonably anticipated total monthly earned income for the family as determined in Section 44-113.213(SAR).

(AR/CO) Apply up to $225 of the remainder of the $225 disability-based unearned income disregard to the reasonably anticipated total monthly earned income for the family as determined in Section 44-113.213(AR/CO).

.216 Apply the 50% disregard to any remaining earned income for the family.

.217 Add to the amount in Section 44-113.216 any excess nonexempt disability-based unearned income and/or any nonexempt unearned income. This total is the net nonexempt income available to the family.

.218 Add together the amounts remaining after application of the above sections for each recipient. This total is net nonexempt earned income for the FBU.

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STANDARDS OF ASSISTANCE 44-113 (Cont.) INCOME Regulations

44-113 NET INCOME (Continued)

HANDBOOK BEGINS HERE

(SAR) .22 Net Nonexempt Income Computation

Example 1

A nonexempt AU of three (a parent and two children) in Region 1 reports receiving gross monthly earned income of $775 per month in the Data Month, and no other income. The Data Month income is reasonably anticipated to continue at the same amount for the SAR Payment Period.

$ 775 Earned Income

- 225

$225 Unused DBI Disregard

$ 550 Subtotal

- 275

50% Earned Income Disregard*

$ 275 Total Net Nonexempt Income*

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34.

(AR/CO) Net Nonexempt Income Computation

Example 1

A nonexempt AU of three (timed out mother and three children) in Region 1 reports receiving gross monthly earned income of $775 per month in the Data Month, and no other income. The Data Month income is reasonably anticipated to continue at the same amount for the AR/CO Payment Period.

$ 775 Earned Income

- 225 $ 225 Unused DBI Disregard

$ 550 Subtotal

- 275 50% Earned Income Disregard*

$ 275 Total Net Nonexempt Income*

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34.

HANDBOOK ENDS HERE

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STANDARDS OF ASSISTANCE Regulations INCOME 44-113 (Cont.)

44-113 NET INCOME (Continued)

.3 Net Income from Social Security, Railroad Retirement Benefits and Other Pensions

(SAR) .31 Net income from Social Security or from Railroad Retirement Benefits is the amount determined to be paid to or on behalf of a member of the assistance unit in the SAR Payment Period except:

(AR/CO) Net income from Social Security or from Railroad Retirement Benefits is the amount determined to be paid to or on behalf of a member of the assistance unit in the AR/CO Payment Period except:

.311 When Social Security benefits are paid to a representative payee on behalf of a member of the assistance unit and the representative payee does not live in the same household as the assistance unit, the Social Security benefits are counted as income only to the extent that the representative payee makes them available for the support of the beneficiary.

(SAR) .32 Net income from other types of pensions and similar sources is the amount reasonably anticipated for the SAR Payment Period or, if the individual is required to pay income tax on such income or has other required expenses in receiving such income, net income is the amount received less these expenses.

(AR/CO) Net income from other types of pensions and similar sources is the amount reasonably anticipated for the AR/CO Payment Period or, if the individual is required to pay income tax on such income or has other required expenses in receiving such income, net income is the amount received less these expenses.

.4 Unrelated Adults, Including Unrelated Adult Males, Living in the Home

.41 Net income to the Family Budget Unit (FBU) from an unrelated adult living in the home including an Unrelated Adult Male (UAM) is the sum of:

(SAR) .411 cash reasonably anticipated to be given to the AU in the SAR Payment Period which is available to meet the needs of the AU and:

(AR/CO) cash reasonably anticipated to be given to the AU in the AR/CO Payment Period which is available to meet the needs of the AU and:

(SAR) .412 the value of full items of need reasonably anticipated to be provided in-kind to the AU in the SAR Payment Period. An item is not considered to be provided in-kind to the AU if the AU is receiving this full item of need in exchange for the AU providing the UAM with a different item. For example, if a UAM and a CalWORKs mother agree that he will pay the rent if she pays their food and utilities, the AU is not receiving in-kind income for housing.

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STANDARDS OF ASSISTANCE 44-113 (Cont.) INCOME Regulations

44-113 NET INCOME (Continued)

(AR/CO) the value of full items of need reasonably anticipated to be provided in-kind to the AU in the AR/CO Payment Period. An item is not considered to be provided in-kind to the AU if the AU is receiving this full item of need in exchange for the AU providing the UAM with a different item. For example, if a UAM and a CalWORKs mother agree that he will pay the rent if she pays their food and utilities, the AU is not receiving in-kind income for housing.

(SAR) .42 Cash that is reasonably anticipated to be given to the AU in the SAR Payment Period does not include:

(AR/CO) Cash that is reasonably anticipated to be given to the AU in the AR/CO Payment Period does not include:

.421 Cash which is conditioned on its use for nonneed items for the FBU, unrelated adult, or any other person.

.422 Cash designated by the unrelated adult to meet (1) his/her needs and expenses, including work-related expenses defined in Section 44-113, and/or (2) the needs and expenses of the unrelated adult's child(ren) or other unaided persons in the home the UAM is supporting.

.423 Cash which the CalWORKs mother and unrelated adult have specifically agreed constitutes the unrelated adult's share of the cost-of-living arrangement. For example, assume a UAM is required to make a financial contribution of $182 to the FBU. (See Section 43-109.1 and .2.) If the UAM and CalWORKs mother agree that the UAM's share of the cost-of-living is $200 and the UAM gives the mother his $200 share, no part of this $200 is available to meet the needs of the FBU.

.424 Any other amounts which the unrelated adult designates as not available to the FBU.

.43 When the unrelated adult's income is pooled with those of the FBU, the pooled income is treated as if cash were given to the FBU.

.44 The value of full items of need provided to the FBU is determined according to Section 44- 115.3. For example, assume that a UAM and his child live with a CalWORKs mother and her two children. If the UAM pays the entire $300 rent to the landlord, the value of the full item of need to the FBU is the lesser of (1) the in-kind income table amount for housing for three; or (2) 3/5 of $300 ($180). If the in-kind income table amount were $163, the amount of in-kind income for housing to the FBU would be $163.

(SAR) .5 Child/spousal support which is reasonably anticipated to be paid during the SAR Payment Period to the AU by the absent parent and not forwarded to the county shall be considered available income except as specified in Section 44-111.47.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-113 (Cont.)

44-113 NET INCOME (Continued)

(AR/CO) Child/spousal support which is reasonably anticipated to be paid during the AR/CO Payment Period to the AU by the absent parent and not forwarded to the county shall be considered available income except as specified in Section 44-111.47.

.6 Refunds of Retirement Contributions

.61 Nonrecurring lump sum refunds of the employer's share of retirement contributions shall be treated as property (see Section 42-209.2).

HANDBOOK BEGINS HERE

See Section 42-211.257 for treatment of the employee's share of retirement contributions.

HANDBOOK ENDS HERE

.62 Recurring interest earned on accumulated retirement contributions shall be treated as income in the month it is reasonably anticipated to be received. If the interest payment is nonrecurring, it shall be treated as property (see Section 42-209.2).

.7 Death Benefits

Net Income from death benefits is the amount remaining after deducting the actual expenses of the funeral, cremation, or burial of the insured. Such expenses must be verified by the recipient with acceptable evidence.

.8 Income from Payments Which Include Compensation for Converted Property (see Section 44-105)

That portion of a payment defined in Section 44-105.3 which exceeds the value of the converted property and is recurring in nature is income. If that portion of the payment that is to be received is nonrecurring it shall be treated as property (see Section 42-209.2).

Net income is that income which remains after deducting the following expenses if the recipient shows the expenses were paid by the recipient while he was a recipient and were directly related to the receipt of the payment.

.81 Attorney's fees

.82 Litigation expenses

.83 Medical expenses

.84 Other necessary and required expenses.

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STANDARDS OF ASSISTANCE 44-113 (Cont.) INCOME Regulations

44-113 NET INCOME (Continued)

44-113

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; SB 72 (Chapter 8, Statutes of 2011), Section 42. Reference: Sections 10063, 10553, 10554, 10790, 10791, 11008, 11008.19, 11017, 11155.3, 11157, 11265.1, 11265.2, 11265.3, 11450, 11450.5, 11450.12, and 11451.5, 11453, Welfare and Institutions Code; 45 CFR 233.10; 45 CFR 233.20(a)(3)(ii)(C); 45 CFR 233.20(a)(3)(vi)(A); 45 CFR 233.20(a)(6)(v)(B); 45 CFR 255.3; 45 CFR 233.20(a)(3)(iv)(B); 45 CFR 233.20(a)(3)(xxi); 45 CFR 233.20(a)(4)(ii)(d); 45 CFR 233.20(a)(4)(ii)(p); Darces v. Woods (1984) 35 Cal. 3d 871; and Ortega v. Anderson, Case No. 746632-0 (Alameda Superior Court) July 11, 1995.

44-115 EVALUATION OF INCOME IN-KIND 44-115

When a need item is earned or contributed in kind, the income value placed upon such earnings, contributions, etc., is the amount specified below.

.1 Free Board and Lodging Received During Temporary Absence from Home

.11 Absence One Month or Less

The value of free board and lodging reasonably anticipated to be received by a recipient during a temporary absence from his/her home of not more than one calendar month shall be exempt.

.12 Absence Exceeds One Month

(SAR) After an absence of one month, free board and lodging, i.e., food, shelter and utilities reasonably anticipated to be received during the SAR Payment Period, shall be considered income, but only to the extent that continuing allowances in the grant for these items exceed the cost to the recipient of maintaining the home to which he/she expects to return. (Welfare and Institutions Code Section 11009.1.)

(AR/CO) After an absence of one month, free board and lodging, i.e., food, shelter and utilities reasonably anticipated to be received during the AR/CO Payment Period, shall be considered income, but only to the extent that continuing allowances in the grant for these items exceed the cost to the recipient of maintaining the home to which he/she expects to return. (Welfare and Institutions Code Section 11009.1.)

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STANDARDS OF ASSISTANCE Regulations INCOME 44-115 (Cont.)

44-115 EVALUATION OF INCOME IN-KIND (Continued)

.2 Nonneedy Relatives

.21 Evaluation of Income In Kind from Nonneedy Relatives Other Than Natural or Adoptive Parents

Income in kind will only be considered if the nonneedy relative chooses to make a voluntary contribution to the AU. The county shall determine if the nonneedy relative wishes to contribute income in kind to the support of the child(ren) in his/her care. If he/she does so, the amount of a contribution reasonably anticipated to be received shall be determined in accordance with Section 44-115.3, In-kind Income Values, and be considered net income to the AU.

Natural or adoptive parent, stepparents of CalWORKs children whose natural parent is in the home, or any other adult whose needs are met through CalWORKs, SSI/SSP, IHSS, or other need based programs shall not be considered to be nonneedy relatives for purposes of this section and no income in kind may be considered.

.3 In-Kind Income Values

.31 Provided that a lower value is not established in accordance with .32 below, the in-kind income amounts effective July 1, 2012 for housing, utilities (including telephone), food and clothing, as adjusted for any increases or decreases in the cost of living specified in .311, and published by the DSS, shall apply for those item(s) of need received in-kind by the AU. If a lower value is established in accordance with .32 below, such value shall apply for the appropriate item(s) of need received in-kind by the AU.

.311 Individual in-kind income amounts shall be adjusted by the same percentage increase or decrease that is applied to the Minimum Basic Standard of Adequate Care (MBSAC) levels. Such adjustments to the in-kind income amounts shall be effective at the same time as adjustments to the MBSAC levels become effective.

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STANDARDS OF ASSISTANCE 44-115 (Cont.) INCOME Regulations

44-115 EVALUATION OF INCOME IN-KIND (Continued)

HANDBOOK BEGINS HERE

(a) INCOME IN-KIND AMOUNTS - REGION 1

Needs Considered # in AU Housing Utilities Food Clothing

1 260 56 143 44 2 347 62 305 85 3 380 65 390 127 4 398 68 483 168 5 398 68 585 212 6 398 68 677 254 7 398 68 755 298 8 398 68 825 333 9 398 68 907 383 10 398 68 979 420

INCOME IN-KIND AMOUNTS - REGION 2

Needs Considered in AU Housing Utilities Food Clothing

1 249 56 143 44 2 330 62 305 85 3 361 65 390 127 4 380 68 483 168 5 380 68 585 212 6 380 68 677 254 7 380 68 755 298 8 380 68 825 333 9 380 68 907 383 10 380 68 979 420

(b) Repealed by Manual Letter No. EAS-99-08, effective 7/30/99.

HANDBOOK ENDS HERE

.32 If the applicant or recipient does not agree with the value arrived at in Section 44-115.31, he/she may submit evidence of the value of the in-kind income item which he/she receives or reasonably anticipates receiving. For housing and clothing, the in-kind income shall be the net market value (see Section 42-203.7) of the item reasonably anticipated to be received. For utilities and food, the in-kind income value shall be the cost to the person who will pay for the item.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-115 (Cont.)

44-115 EVALUATION OF INCOME IN-KIND (Continued)

If the applicant or recipient presents satisfactory evidence that the value of the item reasonably anticipated to be received in kind is other than the value specified in Section 44- 115.31, such evidence shall be used by the county in determining the value of the item if it is to the recipient's financial advantage. Recipients who are having in-kind income deducted from their grants should be informed that this method of contesting the values established in Section 44-115.31 exists.

.33 If an applicant or recipient presents satisfactory evidence of the value of a need item shared with persons who are not members of the AU or whose needs are not considered in the AU, the in-kind value attributable to the AU shall be the lesser of:

.331 their pro rata share, for persons whose needs are considered in the AU, of the net market value or cost of the item, or

.332 the in-kind income table value established in accordance with Section 44-115.311 for the appropriate number of persons whose needs are considered in the AU.

.333 Example: If an AU of three in Region 1whose needs are all considered shares free housing with another person, making a household of four, and the applicant or recipient presents satisfactory evidence that the net market value of the housing is $120, the in-kind value of the housing to the AU would be $90 (3/4 of $120). If the net market value of the housing is $520, in this example, then the AU's pro rata share of this amount would be $390 -- however, if the in-kind income table value for housing for an AU of three in Region 1was $380*, the $380* value would be used because the table values established in accordance with .311 represent the maximum in-kind income value that may be applied.

* The amount $380 is subject to change. Use the currently applicable amount established in accordance with 44-115.311.

NOTE: Authority cited: Sections 10553, 10554, 11450, 11452.018, and 11453, Welfare and Institutions Code. Reference: Sections 11265.8, 11253.5, 11265.2, 11450, 11450.015, 11450.4(c), 11450.5, 11452, 11452.018, 11453, and 11486, Welfare and Institutions Code; and Federal Terms and Conditions for the California Assistance Payments Demonstration Project as approved by the United States Department of Health and Human Services on October 30, 1992.

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STANDARDS OF ASSISTANCE 44-133 INCOME Regulations

44-133 TREATMENT OF INCOME -- CALWORKS

.1 All net income of persons included in the Assistance Unit is income to the Assistance Unit.

.2 Income in Cases in Which the Assistance Unit Resides in the Same Household as an SSI/ SSP or Cash Assistance Program for Immigrants (CAPI) Recipient

.21 The aid payment and income of an SSI/ SSP or CAPI recipient shall not be included in the Assistance Unit's income and grant computation.

.22 Lump sum retroactive SSI/ SSP or CAPI payments received by a recipient are not countable income to the Assistance Unit.

.23 Payments for goods or services by an SSI/ SSP or CAPI recipient to a CalWORKs cash aid recipient are income to the Assistance Unit.

.24 Income derived from an interest in the community or joint property of an SSI/ SSP or CAPI recipient and a CalWORKs cash aid recipient is prorated between owners and the CalWORKs cash aid recipient's share is countable income to the Assistance Unit.

.25 Actual voluntary contributions made by an SSI/ SSP or CAPI recipient to a cash aid recipient are income to the Assistance Unit. This does not include pooled income to meet shared living expenses, or payments for living expenses made in lieu of other payments in a shared living arrangement. However, no contribution will be required of the SSI/ SSP or CAPI recipient.

.26 If a CalWORKs cash aid applicant is determined to be eligible for cash aid and is included in the assistance unit, income of the cash aid applicant (including income considered available from a stepparent under provisions of Section 44-133.511 or a senior parent under provisions of Section 89-201.5) that may have been used in computing an SSI/ SSP or CAPI grant for another person will be included in the CalWORKs grant computation. The county shall notify the Social Security Administration or the appropriate CAPI worker as to the effective date that the income is used in the CalWORKs grant computation so that such income may be deleted from the SSI/SSP or CAPI grant computation.

.27 The county shall notify the Social Security Administration of the effective date that a CalWORKs cash aid recipient and any of his/her income is deleted from the Assistance Unit because of receipt of SSI/SSP, if the recipient has income which was used in the CalWORKs grant computation. This is necessary so that the Social Security Administration may begin to consider the income. No retroactive adjustment of the CalWORKs grant shall be made because of receipt of SSI/SSP if the grant was correctly computed during the period the SSI/SSP application was pending.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-133 (Cont.)

44-133 TREATMENT OF INCOME -- CALWORKS

(Continued)

.3 Income of Children, Non-Minor Dependents and Non-Minor Former Dependents in Foster Care, Extended CalWORKs or Kin-GAP

.31 All net income received by or on behalf of children in foster care or Kin-GAP shall be considered income to the child and shall not be included in the AU's income and grant computation.

.32 Income received by a non-minor dependent shall not be included in the income and grant computation for the non-minor dependent receiving extended CalWORKs benefits.

.321 The non-minor dependent is not precluded from receiving both SSI/SSP and extended CalWORKs. The SSI/SSP aid payment shall not be included in the income and grant computation for the non-minor dependent receiving extended CalWORKs benefits.

.33 Income received by a non-minor dependent or non-minor former dependent shall not be included in the income and grant computation for the caretaker relative's AU, if the relative continues to be aided.

.4 Income in Cases in Which a Parent or Child Has Been Sanctioned or Penalized

.41 Income of persons living in the home, who are required to be in the AU but who have been sanctioned or penalized is available to the AU. The needs of these individuals are not considered except for persons in an AU that are being penalized for failure to cooperate with child support. Actions which are subject to sanction or which constitute a failure to cooperate include, but are not limited to, any one of the following:

.411 Failing or refusing, without cause, to comply with welfare-to-work requirements;

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STANDARDS OF ASSISTANCE Regulations INCOME 44-133 (Cont.)

44-133 TREATMENT OF INCOME -- CALWORKS

(Continued)

HANDBOOK BEGINS HERE

(See Section 42-721 for Welfare-to-Work Requirements)

HANDBOOK ENDS HERE

.412 Refusing to furnish or cooperate in securing a social security number for himself/herself;

HANDBOOK BEGINS HERE

(see Section 40-105.2)

HANDBOOK ENDS HERE

.413 Refusing to assign rights to child and spousal support payments;

HANDBOOK BEGINS HERE

(See Section 82-510)

HANDBOOK ENDS HERE

.414 Refusing to take actions necessary to obtain unconditionally available income.

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STANDARDS OF ASSISTANCE 44-133 (Cont.) INCOME Regulations

44-133 TREATMENT OF INCOME -- CALWORKS (Continued)

HANDBOOK BEGINS HERE

(See Section 82-610)

HANDBOOK ENDS HERE

.415 Refusing or failing to attend school regularly or cooperate in verifying school attendance.

HANDBOOK BEGINS HERE

(See Section 42-101.5)

HANDBOOK ENDS HERE

.416 Refusing or failing to submit verification of immunization for AU children under age 6.

HANDBOOK BEGINS HERE

(See Section 40-105(j))

HANDBOOK ENDS HERE

.417 Committing an Intentional Program Violation (IPV)

HANDBOOK BEGINS HERE

(See Section 20-351)

HANDBOOK ENDS HERE

.5 Income and Needs in Cases in Which a Person is Excluded

.51 The income of a parent is considered when that parent is living in the home but is excluded from the AU. A parent's needs shall only be considered if he/she has income unless the parent is an ineligible alien parent as specified in Section 44-133.521. This section does not apply to parents excluded for the following reasons: a) a sanction; b) being a recipient of another aid program; or c) being a member of a different AU. See MPP Section 44-133.8 for treatment of income and needs of timed-out adults. Parents whose needs and income are considered include, but are not limited to:

.511 A stepparent who is the spouse of the applicant and/or recipient child's parent when the child's parent is residing in the home and the stepparent is not the parent of any natural or adoptive children who are required to be included in the AU.

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-02-01 Effective 2/28/02

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STANDARDS OF ASSISTANCE Regulations INCOME 44-133 (Cont.)

44-133 TREATMENT OF INCOME -- CALWORKS (Continued)

.512 Natural or adoptive parents who are excluded by law.

.513 Senior parents excluded from the minor parents' AU.

.514 Fathers of unborn children in Pregnant Women Only cases.

.515 Spouses of aided children in their parents' AU when the spouse does not have a child in the AU.

.52 The needs of the following persons shall be considered in the family MAP (recipient cases) or MBSAC (applicant cases). The family MAP/MBSAC shall include:

.521 The needs of the following ineligible aliens who are related to the AU and who, but for their alien status, would be eligible for aid:

(a) An ineligible alien spouse of an AU member.

(b) An ineligible alien parent of a child in the AU.

(d) An ineligible alien child of an AU member.

(e) An ineligible alien child who is the sibling or half sibling to a child in the AU, and

.522 The needs of AU members other than those specified at Section 44-133.4, and

.523 The needs of the persons excluded from the AU, specified at Section 44-133.51, whose income is being considered, and

.524 The needs of any excluded children of the persons identified in Sections 44-133.51 and .521 whose income is being considered, or other dependents living in the home who could be claimed by the person for tax purposes, and

.525 The needs of any excluded spouse of the persons identified in Sections 44-133.51 and .521 whose income is being considered.

.53 The income of excluded children not required to be in the AU is excluded unless the needs of that child are considered as specified in Section 44-133.521. (See student exemption disregard at Section 44-111.22 for earnings of a child.)

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STANDARDS OF ASSISTANCE 44-133 (Cont.) INCOME Regulations

44-133 TREATMENT OF INCOME -- CALWORKS (Continued)

HANDBOOK BEGINS HERE

.54 The following examples are provided to illustrate how to determine financial eligibility for the family in accordance with Sections 44-207.1 and .2 and the aid payment computation in accordance with Section 44-315.

(SAR) Example 1: Family with No Ineligible Non-Citizen Members

Applicant applies on behalf of herself and her two dependent children. Also living in the home is a stepparent and his separate child. Stepparent earns $2000 per month from full- time employment. Mother receives $300 per month in State Disability Insurance benefits. No other income is received by family members. The AU resides in Region 1 and is eligible for Exempt MAP.

Applicant Eligibility Determination:

$2000 Earned Income

- 90 $90 Earned Income Disregard

$ 910 Net Nonexempt Earned Income

$+300 Disability-Based Income (Not subject to $225 Disregard at application)

$2210 Total Net Nonexempt Income

$1626 MBSAC for Five (Includes AU and Non-AU Family Members)

Family is ineligible for CalWORKs (Net Nonexempt Income exceeds the MBSAC for Five).

(AR/CO) Example 1: Family with No Ineligible Non-Citizen Members

Timed out applicant mother applies on behalf of her three dependent children. Also living in the home is a stepparent and his separate child. Stepparent earns $2000 per month from full- time employment. Mother receives $300 per month in State Disability Insurance benefits. No other income is received by family members. The AU resides in Region 1 and is eligible for Exempt MAP.

HANDBOOK CONTINUES

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STANDARDS OF ASSISTANCE Regulations INCOME 44-133 (Cont.)

44-133 TREATMENT OF INCOME -- CALWORKS (Continued)

HANDBOOK CONTINUES

Applicant Eligibility Determination:

$2000 Earned Income

- 90 $90 Earned Income Disregard

$ 1910 Net Nonexempt Earned Income

$+300 Disability-Based Income (Not subject to $225 Disregard at application)

$2210 Total Net Nonexempt Income

$1626 MBSAC for Five (Includes AU and Non-AU Family Members)

Family is ineligible for CalWORKs (Net Nonexempt Income exceeds the MBSAC for Five).

(SAR) Example 2: Family with Ineligible Non-Citizen Members and Stepparent with No Income

Mother of two children has earnings of $600 per month and the income is reasonably anticipated to continue at this amount for the SAR Payment Period. One of the children is her citizen child and the other is her ineligible non-citizen child with deprivation. Mother receives direct child support in the amount of $85 per month for the ineligible non-citizen child. Also in the home is the ineligible non-citizen spouse of the mother. The spouse does not have any income. The family lives in Region 1 and does not have exempt status.

Applicant Eligibility Determination

$ 600 Actual Earned Income of Mother

- 90 Applicant Earned Income Disregard

$ 510 Subtotal

+ 85 Unearned Income of Ineligible Non-Citizen Child

$ 595 Total Net Nonexempt Income

$ 595 Total NNI is less than the $1,424 Region 1 Nonexempt Family MBSAC for four, family passes applicant test.

HANDBOOK CONTINUES

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STANDARDS OF ASSISTANCE 44-133 (Cont.) INCOME Regulations

44-133 TREATMENT OF INCOME -- CALWORKS (Continued)

HANDBOOK CONTINUES

Recipient Financial Eligibility Test

$ 600 Monthly Earned Income of Mother

- 225 $225 Unused DBI Disregard

$ 375 Subtotal

- 187 50% Earned Income Disregard

$ 187 Net Nonexempt Earned Income

+ 85 Unearned Income of Ineligible Non-Citizen Child

$ 272 Total Net Nonexempt Income (rounded down)

$ 272 Total NNI is less than $800 Region 1, Nonexempt Family MAP for four, family passes recipient financial eligibility test

Grant Computation

$ 800 Region 1, Nonexempt Family MAP for Four

- 272 Total Net Nonexempt Income

$ 528 Potential Grant

$ 542 MAP for AU of Two (includes mother and citizen child)

$ 528 Aid Payment is the Lesser of the Potential Grant or MAP for the AU

(AR/CO) Example 2: Family with Ineligible Non-Citizen Members and Stepparent with No Income

Timed out mother of three children has earnings of $600 per month and the income is reasonably anticipated to continue at this amount for the AR/CO Payment Period. Two of the children are her citizen children and the other is her ineligible non-citizen child with deprivation. Mother receives direct child support in the amount of $85 per month for the ineligible non-citizen child. Also in the home is the ineligible non-citizen spouse of the mother. The spouse does not have any income. The family lives in Region 1 and does not have exempt status.

Applicant Eligibility Determination

$ 600 Actual Earned Income of Mother

- 90 Applicant Earned Income Disregard

$ 510 Subtotal

+ 85 Unearned Income of Ineligible Non-Citizen Child

$ 595 Total Net Nonexempt Income

$ 595 Total NNI is less than the $1,424 Region 1 Nonexempt Family MBSAC for four, family passes applicant test.

HANDBOOK CONTINUES

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STANDARDS OF ASSISTANCE Regulations INCOME 44-133 (Cont.)

44-133 TREATMENT OF INCOME -- CALWORKS (Continued)

HANDBOOK CONTINUES

Recipient Financial Eligibility Test

$ 600 Monthly Earned Income of Mother

- 225 $225 Unused DBI Disregard

$ 375 Subtotal

- 187 50% Earned Income Disregard

$ 187 Net Nonexempt Earned Income

+ 85 Unearned Income of Ineligible Non-Citizen Child

$ 272 Total Net Nonexempt Income (rounded down)

$ 272 Total NNI is less than $800 Region 1, Nonexempt Family MAP for four, family passes recipient financial eligibility test

Grant Computation

$ 800 Region 1, Nonexempt Family MAP for Four

- 272 Total Net Nonexempt Income

$ 528 Potential Grant

$ 542 MAP for AU of Two (includes two citizen children)

$ 528 Aid Payment is the Lesser of the Potential Grant or MAP for the AU

(SAR) Example 3: Family with Ineligible Non-Citizen AU Members and Stepparent with Income and Excluded Dependents

Recipient mother receives aid for herself and one child. The mother has earnings of $600 per month that is reasonably anticipated to continue at the same amount during the SAR Payment Period. Also living in the home are: 1) the ineligible non-citizen spouse of the aided parent; 2) the aided mother's ineligible non-citizen child in common with no deprivation; 3) the aided mother's citizen child in common who has no deprivation; and 4) a separate ineligible non- citizen child of the spouse. The spouse has $375 per month earned income that is reasonably anticipated to continue at the same level during the SAR Payment Period. The family is nonexempt and lives in Region 1.

Eligibility/Grant Computation

Step 1 $ 975 Family's Monthly Earned Income

- 225 $225 Unused DBI Disregard

$ 750 Subtotal

- 375 50% Earned Income Disregard*

$ 375 Net Earned Income

$ 375 Total Family Net Nonexempt Income*

HANDBOOK CONTINUES

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STANDARDS OF ASSISTANCE 44-133 (Cont.) INCOME Regulations

44-133 TREATMENT OF INCOME -- CALWORKS (Continued)

HANDBOOK CONTINUES

Step 2 $1021 Family MAP for Six (All excluded dependents of the stepparent are included, regardless of deprivation since the stepparent's income is used.)

- 375 Total Family Net Nonexempt Income

$ 646 Potential Grant

Step 3 $542 AU MAP for Two

$646 Potential Grant

$542 Aid Payment (lesser of AU MAP or potential grant)

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

(AR/CO) Example 3: Family with Ineligible Non-citizen AU Members and Stepparent with Income and Excluded Dependents

Timed out mother receives aid for her two children. The mother has earnings of $600 per month that is reasonably anticipated to continue at the same amount during the AR/CO Payment Period. Also living in the home are: 1) the ineligible non-citizen spouse of the unaided parent; 2) the unaided mother's ineligible non-citizen child in common with no deprivation; 3) the unaided mother's citizen child in common who has no deprivation; and 4) a separate ineligible non-citizen child of the spouse. The spouse has $375 per month earned income that is reasonably anticipated to continue at the same level during the AR/CO Payment Period. The family is nonexempt and lives in Region 1.

Eligibility Grant Computation

Step 1 $ 975 Family's Monthly Earned Income

- 225 $225 Unused DBI Disregard

$ 750 Subtotal

- 375 50% Earned Income Disregard*

$ 375 Net Earned Income

$ 375 Total Family Net Nonexempt Income*

HANDBOOK CONTINUES

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STANDARDS OF ASSISTANCE Regulations INCOME 44-133 (Cont.)

44-133 TREATMENT OF INCOME -- CALWORKS (Continued)

HANDBOOK CONTINUES

Step 2 $ 1021 Family MAP for Six (All excluded dependents of the stepparent are included, regardless of deprivation since the stepparent's income is used.)

- 375 Total Family Net Nonexempt Income

$ 646 Potential Grant

Step 3 $ 542 AU MAP for Two

$ 646 Potential Grant

$ 542 Aid Payment (lesser of AU MAP or potential grant)

*50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

HANDBOOK ENDS HERE

.55 When an excluded family member whose needs must be considered shares the same familial relationship with more than one AU and the members of the AUs live in the same home, the parents shall determine in which AU the needs of the non-AU family member shall be included.

HANDBOOK BEGINS HERE

Example:

A mother with one child (AU #1) has an ineligible alien child in common with the unmarried father who receives aid for his separate child (AU #2). The ineligible alien child has deprivation. Mother has earned income and the father who is the principal earner is unemployed and receives UIB unearned income. The parents shall decide in which AU to include the ineligible alien common child's needs.

HANDBOOK ENDS HERE

.6 Income of a Nonneedy Caretaker Relative Other than the Parent

.61 The amount by which a nonneedy relative, other than a parent with whom the child lives, is able and willing to meet the child's needs is income to the Assistance Unit.

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STANDARDS OF ASSISTANCE 44-133 (Cont.) INCOME Regulations

44-133 TREATMENT OF INCOME -- CALWORKS (Continued)

.7 Income in Cases Where a Noncitizen Has Been Sponsored for Entry into the United States

.71 When a noncitizen is sponsored by an individual as defined in Section 43-119.2 the income of his/her sponsor who is not receiving cash aid, SSI or other public cash assistance payments (such as General Assistance) and the income of the sponsor's spouse who lives with the sponsor and who is not receiving such public cash assistance payments shall be deemed to be the sponsored noncitizen's income. This income is determined as follows:

.711 Determine the total amount of unearned income of the sponsor and his/her spouse.

.712 Determine the total amount of income received by the sponsor and his/her spouse, such as wages or salary, or as net earnings from self-employment. See Section 44- 113.212.

.713 If the sponsor is the sponsor of more than one noncitizen, divide the total gross income by the total number of sponsored noncitizens who are applying for or receiving cash aid. This amount shall be deemed to be the income of each applicant or recipient who is a sponsored noncitizen.

.714 When the sponsored noncitizen is not included in the AU (see Section 82-832), the portion of his/her income, which has been deemed from the sponsor, shall not be used in determining his/her contribution to the AU unless such income is actually available to the AU.

.715 When the sponsored noncitizen is a member of the AU, this deemed income from the sponsor shall be treated as unearned income in accordance with Sections 44-113 and 44-315.4.

.716 If the sponsor is either an excluded parent or stepparent, his/her income shall be treated in accordance with the excluded parent or stepparent deeming computation. See Sections 44-133.3 and 44-133.63.

.72 Repealed by CDSS Manual Letter No. EAS-01-09, effective 10/10/01.

.8 Income and Needs of Timed-Out Adults.

Income and needs of adults living in the home who have been removed from the AU due to exceeding the 48-month CalWORKs time limits shall be treated as follows:

.81 Parents otherwise required to be in the AU. Net non-exempt income of timed-out parents who are otherwise required to be in the AU and living in the home shall be considered available to the AU. The needs of these parents shall not be considered when calculating the grant for the aided AU members.

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STANDARDS OF ASSISTANCE Regulations INCOME 44-133 (Cont.)

44-133 TREATMENT OF INCOME -- CALWORKS (Continued)

.82 Non-parent caretaker relatives. Timed-out non-parent caretaker relatives living in the home are no longer eligible to be optional AU members, and their income and needs shall not be considered when calculating the grant for the aided AU members.

.83 Stepparents not required to be in the AU. Timed-out stepparents not required to be in the AU and living in the home are no longer eligible to be optional AU members, and their net non- exempt income and needs shall be treated in accordance with the provisions of MPP Sections 44-133.51 and 44-133.511.

.84 See MPP Sections 42-301 and 82.833.1 for regulations regarding timed-out adults. For timed-out adults whose income must be considered in the AU’s grant computation, net nonexempt income shall be determined as specified at MPP Section 44-113.2.

NOTE: Authority cited: Sections 10553, 10554, 10604, and 11369, Welfare and Institutions Code. Reference: Sections 10063, 10553, 10554, 10604, 11008.14, 11017, 11253.3(a), 11254, 11320.15, 11450, 11450.025, 11451.5, 11452, 11453, 11454, 11454.2, 11486, 18937, 18940, and 11371, Welfare and Institutions Code; 45 CFR 205.50(a)(1)(i)(A); 45 CFR 233.20(a)(1)(i); 45 CFR 233.20(a)(3)(ii)(C), (a)(3)(vi)(B), (a)(3)(xiv), (a)(3)(xiv)(B), and (xviii); 45 CFR 233.50(A)(c); and 45 CFR 233.90(c)(2)(i); Family Support Administration Action Transmittal 91-15 (FSA-AT-91-15), dated April 23, 1991; and Omnibus Budget Reconciliation Act (OBRA) of 1990; U.S. Department of Health and Human Services Federal Action Transmittal No. FSA-AT-91-4 dated February 25, 1991; Simpson v. Hegstrom, 873 F.2d 1294 (1989); Ortega v. Anderson, Case No. 746632-0 (Alameda Superior Court) July 11, 1995; and Federal Register, Vol. 58, No. 182, pages 49218 - 20, dated September 22, 1993; 8 U.S.C. 1631, 42 U.S.C. 602(a)(39), and 42U.S.C. 1382(c)(5).

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STANDARDS OF ASSISTANCE

AID PAYMENTS

TABLE OF CONTENTS

CHAPTER 44-300 AID PAYMENTS Section

Money Payment Principle ............................................................................................................. 44-301

Payment by Electronic Fund Transfer .......................................................................................... 44-302

Aid Payments - Defined ................................................................................................................ 44-303

Money Payments ................................................................................................................. .1 Protective Payments ............................................................................................................ .2 Vendor Payments ................................................................................................................ .3

Aid Payment Schedules ................................................................................................................ 44-304

Forwarding of Warrants ...................................................................................................... .1 Frequency of Delivery ........................................................................................................ .2 Changes in Frequency ......................................................................................................... .3 Recipient Option ................................................................................................................. .4 Standard Delivery Dates ..................................................................................................... .5 Exceptions to Standard Delivery Date ................................................................................ .6 Recipient Dies ..................................................................................................................... .7

Aid Payments - Payee and Delivery ............................................................................................. 44-305

To Whom Paid and Delivered ............................................................................................. .1 Alternate Payment System .................................................................................................. .2

Voucher/Vendor Payments ........................................................................................................... 44-307

Voucher/Vendor Payments ................................................................................................. .1 Grant not Sufficient ............................................................................................................. .2 Untenable Living Situation ................................................................................................. .3 Change of Address .............................................................................................................. .4 Optional Voucher/Vendor Payments .................................................................................. .5

Protective Payments ...................................................................................................................... 44-309

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STANDARDS OF ASSISTANCE

AID PAYMENTS

TABLE OF CONTENTS

CHAPTER 44-300 AID PAYMENTS (Continued)

Section

Exceptions to Protective Payment Requirements ......................................................................... 44-310

Cost-of-Living Adjustments ......................................................................................................... 44-311

Budgeting Methods for CalWORKs ............................................................................................. 44-313

Prospective Budgeting ........................................................................................................ .1 Budgeting the Income of Individuals Added to or Deleted from an Existing Assistance Unit ...................................................................................... .2 Budgeting in Approved Alternate Payment Systems .......................................................... .3 Budgeting for Refugee or Cuban/Haitian Entrant Cases Transferred from Refugee or Cuban/Haitian Entrant Cash Assistance to AFDC-FG and AFDC-U ............ .4

Maximum Family Grant (MFG) ................................................................................................... 44-314

Definitions ........................................................................................................................... .1 MFG .................................................................................................................................... .2 MFG Application ................................................................................................................ .3 Continue MFG .................................................................................................................... .4 MFG Exemptions ................................................................................................................ .5 MFG Child Eligibility ......................................................................................................... .6

Amount of Aid .............................................................................................................................. 44-315

Definitions ........................................................................................................................... .1 County Responsibility ......................................................................................................... .2 Amount of Grant ................................................................................................................. .3 Special Needs ...................................................................................................................... .4 $10 or More ......................................................................................................................... .5 Payment in Installments ...................................................................................................... .6 Proration of AFDC-FG/U Grant ......................................................................................... .7 Zero Basic Grant ................................................................................................................. .8

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STANDARDS OF ASSISTANCE

AID PAYMENTS

TABLE OF CONTENTS

CHAPTER 44-300 AID PAYMENTS (Continued)

Section

Reporting Changes Affecting Eligibility and Grant Determinations and County Actions ..................................................................................................................... 44-316

Reserved .............................................................................................................................. .1 When the County Shall Request Updated Information from Recipient Families .................................................................................................... .2 Mid-Period Actions ............................................................................................................. .3

Beginning Date of Aid for New Applications .............................................................................. 44-317

Basic Date of Aid Determination ........................................................................................ .1 Aid Begins on a Specified Date .......................................................................................... .2 Aid is Granted on Intercounty Transfer .............................................................................. .3 Change in Type of Assistance ............................................................................................. .4 Intraprogram Status Changes .............................................................................................. .6 Previously Denied Application is Approved ....................................................................... .8 Repealed by Manual Letter No. EAS-91-14, effective 10/1/91. ......................................... .9 Effective Date of Medical Assistance Certification ............................................................ .10

Beginning Date of Aid (BDA) for Persons Being Added to the AU ............................................ 44-318

Beginning Date of Aid ........................................................................................................ .1

Initial Payments ............................................................................................................................ 44-319

Initial Payment - Defined .................................................................................................... .1 When Initial Payment is Made ............................................................................................ .2 Retroactive Initial Payment ................................................................................................. .3

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STANDARDS OF ASSISTANCE

AID PAYMENTS

TABLE OF CONTENTS

CHAPTER 44-300 AID PAYMENTS (Continued)

Section

Changes in Amount of Payment ................................................................................................... 44-325

When Change is Effective ................................................................................................... .1 Discontinuance .................................................................................................................... .2 Cancellation or Reduction of the Second Installment of a Month's Aid Payment .................................................................................................. .3

Delayed Payment .......................................................................................................................... 44-327

Federal and State Participation ........................................................................................... .1 Factors Causing Delay in Payment ..................................................................................... .2

Underpayments ............................................................................................................................. 44-340

General ................................................................................................................................ .1 Investigation of Underpayments ......................................................................................... .2 Calculating the Underpayments .......................................................................................... .3 Correction of the Underpayment ......................................................................................... .4 Retroactive Payments Exemption ....................................................................................... .6 Repealed by SDSS Manual Letter No. EAS-89-06, effective 10/1/89 ............................... .7

Overpayments - General ............................................................................................................... 44-350

General ................................................................................................................................ .1 Definitions ........................................................................................................................... .2 Investigation of Overpayments ........................................................................................... .3 Aid Paid Pending ................................................................................................................ .4 Overpayments Due to the Inability to Provide Ten-Day Notice of Adverse Action ................................................................................................. .5 When Overpayments Will Not Be Assessed ....................................................................... .6

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STANDARDS OF ASSISTANCE

AID PAYMENTS

TABLE OF CONTENTS

CHAPTER 44-300 AID PAYMENTS (Continued)

Section

Methods of Overpayment Recovery ............................................................................................. 44-351

Voluntary Cash Recoveries ................................................................................................. .1 Voluntary Grant Offset ....................................................................................................... .2 Balancing ............................................................................................................................ .3

Overpayment Recoupment ............................................................................................................ 44-352

Calculation of the Overpayment ......................................................................................... .1 Amount That Can Be Recovered ........................................................................................ .2 Priority Order for Overpayment Recoupment ..................................................................... .3 Methods of Recovery .......................................................................................................... .4 Referral to Special Investigative Unit (SIU) ....................................................................... .5

Repealed by Manual Letter No. EAS-01-04, effective 1/8/01 ...................................................... 44-353

Mandatory Inclusion Overpayment/Underpayment ...................................................................... 44-355

Mandatory Person - Presence Unknown ............................................................................. .1 Current Eligibility ............................................................................................................... .2

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-302

CHAPTER 44-300 AID PAYMENTS

44-301 MONEY PAYMENT PRINCIPLE

44-301

Each individual or family has the right to manage his/her own affairs; to decide what use of his/her money, including the aid payment, will best serve his/her interests; and to make his/her purchases through the normal channels of exchange, to enjoy the same rights and to discharge his/her responsibilities in the same manner as other members of the community.

Aid payments shall be made in conformity with the money payment principle except when a problem in money management exists (see Section 44-307); when authorized sanctions are applied when a person fails without good cause to cooperate in the WIN Demo or GAIN Programs (see Section 42-691 or 42- 786); when protective payments are made in noncooperation child support cases (see Sections 43-106 and 43-107.1); when money management is required under GAIN (see Section 42-785); or when directed by the Services System to make payments to a protective payee or to a vendor or vendors (see Section 44- 307).

Aid payments are for the benefit of the recipient only and do not constitute income to any other person.

44-302 PAYMENT BY ELECTRONIC FUND TRANSFER 44-302

.1 Payment by Direct Deposit

Notwithstanding Section 25-301, direct deposit of assistance payments must be made available to CalWORKs recipients in all counties that offer a program of direct payroll deposit to some or all of their employees.

.11 The CWD shall notify recipients of the option to receive benefits by direct deposit at the time of application or redetermination.

.12 The recipient can request at anytime to receive direct deposit.

.13 The recipient shall be eligible for direct deposit for the duration they are on aid.

.2 Payment by Electronic Benefit Transfer (EBT)

Pursuant to Section 16-001.3, counties may elect to use the EBT system to issue cash benefits.

NOTE: Authority cited: Sections 10553, 10554, and 11006.2, Welfare and Institutions Code. Reference: Sections 10072 and 11006.2, Welfare and Institutions Code.

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-303

44-303 AID PAYMENTS - DEFINED

44-303

Aid payments are:

.1 Money payments, i.e., payments delivered unconditionally to the recipient or family or to the legally appointed guardian or conservator of the recipient's estate, with no state or county control of the use of the payments.

When a staff person in the county welfare department or in the State Department of Social Services serves as a substitute payee or as a court appointed guardian or conservator for the recipient, as provided in Sections 40-107.2 and 30-222.6, his/her determinations regarding utilization of the aid payments on behalf of the recipient do not constitute "state or county control" within the meaning of this section. However, care shall be taken to leave the recipient as much control over the use of the payment as possible and consistent with conditions.

.2 Protective payments, i.e., assistance payments made to a substitute payee serving as representative of the recipient or family (see Section 44-309).

.3 Vendor payments, i.e., payments made directly to a person or agency supplying goods or services to the recipient or family. Vendor payments are applicable:

.31 In all aids, for payments on home repairs under special shelter payment provisions; and

.32 In CalWORKs, for use in certain Homeless Assistance cases (see Section 44-211.5); and

.33 In CalWORKs cases in which a parent or caretaker relative is in sanction status for at least three consecutive months (see Section 44-307.1). A county shall establish when to begin to issue vouchers or vendor payments or at least rent and utilities after this three-month period in sanction status. This timeframe shall be included in a county’s written policies and procedures.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 11251.3, 11327.5(d), 11453.2, and 17012.5, Welfare and Institutions Code; Family Support Act of 1988, Public Law (PL) 100-485, October 13, 1988 and California Department of Health Services Manual Letter 77-1.

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STANDARDS OF ASSISTANCE 44-304 AID PAYMENTS Regulations

44-304 AID PAYMENT SCHEDULES

44-304

.1 Forwarding of Warrants

warrant is mailed, the envelope containing the warrant shall bear a statement that the warrant is not to be forwarded and that an address correction is requested (Welfare and Institutions Code Section 11006.4).

.2 Frequency of Delivery

Except for counties with approved alternate payment systems counties shall select either semimonthly or monthly delivery of payments.

.3 Changes in Frequency

Counties shall, when electing to change frequency of delivery:

.31 CDSS Notification

Notify CDSS in writing at least 90 calendar days prior to converting from one payment frequency to another.

.32 Recipient Notification

Notify all recipients of in writing at least 30 calendar days prior to converting from one payment frequency to another.

.4 Recipient Option

Counties opting for a monthly payment system shall be permitted to offer recipients the option of receiving semimonthly payments on a case-by-case basis. The total number of recipients receiving semimonthly payments shall not exceed 50% of the county's caseload.

.5 Standard Delivery Dates

.51 Semimonthly Delivery

The county shall deliver ongoing payments as follows when the county has selected semimonthly delivery:

(SAR) .511 First Warrant

The county shall place the first warrant in the mail or forward the first direct deposit electronic fund transfer in time to be available to the recipient by the first day of each month of the SAR Payment Period unless the county received the completed SAR 7 after the tenth day prior to the end of the SAR Submit Month or if the annual redetermination is not completed by the 15th day of the month in which it is due.

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-304 (Cont.)

44-304 AID PAYMENT SCHEDULES (Continued) 44-304

(SAR)

If the completed SAR 7 is received after the tenth day prior to the end of the SAR Submit Month, but on or before the first day of the next SAR Payment Period, the county shall not delay the payment and shall place the warrant in the mail or forward the first direct deposit electronic fund transfer in time to be available to the recipient by the first calendar day of the first month of the next SAR Payment Period if possible, but no later than the tenth calendar day of the first month of the next SAR Payment Period.

(SAR)

If the annual redetermination is not completed by the 15th day of the month in which it is due, but on or before the last day of that month, the county shall not delay the payment and shall place the warrant in the mail or forward the first direct deposit electronic fund transfer in time to be available to the recipient by the first calendar day of the first month of the next SAR Payment Period if possible, but no later than the tenth calendar day of the first month of the next SAR Payment Period.

(AR/CO) First Warrant

The county shall place the first warrant in the mail or forward the first direct deposit electronic fund transfer in time to be available to the recipient by the first day of each month of the AR/CO Payment Period unless the annual redetermination is not completed by the 15th day of the month in which it is due.

(AR/CO)

If the annual redetermination is not completed by the 15th day of the month in which it is due, but on or before the last day of that month, the county shall not delay the payment and shall place the warrant in the mail or forward the first direct deposit electronic fund transfer in time to be available to the recipient by the first calendar day of the first month of the next AR/CO Payment Period if possible, but no later than the tenth calendar day of the first month of the next AR/CO Payment Period.

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STANDARDS OF ASSISTANCE 44-304 (Cont.) AID PAYMENTS Regulations

44-304 AID PAYMENT SCHEDULES (Continued) 44-304

(SAR) .512 Second Warrant

The county shall place the second warrant in the mail or forward the direct deposit electronic fund transfer in time to be available to the recipient by no later than the 15th calendar day of each month of the SAR Payment Period.

(AR/CO)

(SAR) .52 Monthly Delivery

The county shall place the warrant in the mail or forward the direct deposit electronic fund transfer in time to be available to the recipient by the first calendar day of each month of the SAR Payment Period unless the completed SAR 7 is received after the tenth day prior to the end of the QR Submit Month or if the annual redetermination is not completed by the 15th day of the month in which it is due.

(SAR)

If the completed SAR 7 is received after the tenth day prior to the end of the SAR Submit Month, but on or before the first day of the next SAR Payment Period, the county shall not delay the payment and shall place the warrant in the mail or forward the direct deposit electronic fund transfer in time to be received by the first day of the first month of the next SAR Payment Period if possible, but not later than the tenth day of the first month of the next SAR Payment Period.

(SAR)

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-304 (Cont.)

44-304 AID PAYMENT SCHEDULES (Continued) 44-304

(AR/CO)

The county shall place the warrant in the mail or forward the direct deposit electronic fund transfer in time to be available to the recipient by the first calendar day of the AR/CO Payment Period unless the annual redetermination is not completed by the 15th day of the month in which it is due.

(AR/CO)

If the annual redetermination is not completed by the 15th day of the month in which it is due, but on or before the last day of that month, the county shall not delay the payment and shall place the warrant in the mail or forward the first direct deposit electronic fund transfer in time to be available to the recipient by the first calendar day of the first month of the next AR/CO Payment Period if possible, but no later than the tenth calendar day of the first month of the next AR/CO Payment Period.

.53

Notwithstanding Section 44-304.52, counties opting to use the EBT system shall issue cash benefits pursuant to Section 16-215.

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STANDARDS OF ASSISTANCE 44-304 (Cont.) AID PAYMENTS Regulations

44-304 AID PAYMENT SCHEDULES (Continued) 44-304

.6 Exceptions to Standard

The county shall deliver: Delivery Date

.61 Holiday/Weekends

On the last postal delivery day preceding a holiday or weekend when the holiday or weekend will delay delivery past the specified date of delivery.

.611

With respect to electronic fund transfer, when a payment date falls on a weekend or holiday, funds shall be electronically transferred so that the funds are available on the first day of that month to recipients using direct deposit and available on the designated payment date to recipients using EBT pursuant to Section 16-215.

HANDBOOK BEGINS HERE

(a) Example:

If the payment date is on a Monday and Monday is a holiday, the electronic fund transfer must be made in time to ensure that the funds are available on the first of the month for recipients using direct deposit and available by the designated payment date for recipients using EBT.

HANDBOOK ENDS HERE

.62 Initial Payment

Initial payments promptly but no later than 10 calendar days after authorization of aid or the beginning date of aid, whichever is later.

.63 Other Types of Delivery

Payment to the recipient on the last working day prior to the specified delivery date when the payment is to be delivered by means other than the mail.

.64 Late Payments

Payments that cannot be authorized before the date for regular aid payments as soon as administratively feasible.

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-304 (Cont.)

44-304 AID PAYMENT SCHEDULES (Continued) 44-304

.65 Out-of-County

Payments out of the county as soon as administratively feasible.

.66 Vendor Payments

Payments according to specified intervals to third parties or vendors when requested by the recipient or when made in accordance with Section 44-303.3.

.7 Recipient Dies

If a warrant is cashed or a direct deposit electronic fund transfer is made, but the recipient subsequently dies or becomes ineligible for aid there is no right to recovery.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 10063(a), 10072, 10553, 10554, 11006.2, 11251.3, 11265.1, 11453.2, 11455 and 17012.5, Welfare and Institutions Code; 45 CFR 206.10(a)(6)(D); 45 CFR 233.23; 45 CFR 233.29(a)-(d); 45 CFR 233.31(b)(4); 45 CFR 233.32; and Balderas v. Woods Court Order; Federal Register, Vol. 75, No. 19, dated January 29, 2010, pages 4928 and 4929 [7 CFR 273.12(a)(1)(vii)].

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-305 (Cont.)

44-305 AID PAYMENTS - PAYEE AND DELIVERY 44-305

.1 To Whom Paid and Delivered

HANDBOOK BEGINS HERE

.11 For Payee and Delivery requirements applicable to pregnant or parenting minors who are participants of the California Work Pays Demonstration Project, see Section 89-201.4.

HANDBOOK ENDS HERE

.12 Child Living with Parent or Relative

.121 If a child is living with a caretaker relative, the warrant shall be paid only to the caretaker relative unless such relative has a legally appointed guardian or conservator or there is a substitute payee or there is a vendor designated to receive payment (see Section 44-307). In such cases, the warrant is paid to the guardian, conservator, substitute payee or vendor.

.122 If the caretaker relative is temporarily absent from the home, the warrant may be paid to a person designated by the caretaker relative.

.123 The warrant is to be delivered only to the payee or otherwise according to the payee's instructions. If there is an emergency, the warrant may be delivered to a person acting temporarily for the parent or relative payee. (See Section 25-530.2.)

.13 Repealed by Manual Letter Number 81-62 (1/1/82)

.2 Alternate Payment System

.21 A county may develop a plan that divides its cases into groups and pays aid to these cases on dates other than the first and fifteenth of the calendar month, in order to allow payment dates to be spaced evenly throughout the calendar month.

.22 Such an alternate payment system must receive written approval of the California Department of Social Services before it may be implemented. The plan must provide that:

.221 Each recipient shall be assigned a recurring, specified aid payment period. The budget period shall correspond to this payment period.

.222 The aid payment shall be issued by mail or by direct deposit electronic fund transfer in time to be available to the recipient on the dates specified under Section 44- 305.23.

.223 Upon changing aid payment periods for any recipient, the recipient shall be provided a payment for the prorated amount of aid for the interim period between the end of the old payment period and the beginning of the new payment period. The prorated payment shall be made on the old aid payment delivery date.

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STANDARDS OF ASSISTANCE 44-305 (Cont.) AID PAYMENTS Regulations

44-305 AID PAYMENTS - PAYEE AND DELIVERY (Continued) 44-305

.224 Under the alternate payment system, references to month in the regulations shall be interpreted to mean the assigned aid payment or budget period.

.225 Upon approval of the plan by the state and the assignment of an applicant to an alternate payment period, the recipient shall be informed of the payment period, budget period and dates he can expect his aid payment.

.23 Aid payments to CalWORKs families residing in counties with approved semimonthly alternate payment systems shall be made in two installments during the payment period as follows:

(SAR) .231 The county shall issue the first aid payment by mail or forward the direct deposit electronic fund transfer in time to be available to the recipient by the first day of each month of the assigned SAR Payment Period, unless the county received the completed SAR 7 after the tenth day prior to the end of the assigned SAR Submit Month or the annual redetermination is not completed by the 15th day of the SAR Submit Month. If the SAR 7 is received after the tenth day prior to the end of the assigned SAR Submit Month or the annual redetermination is completed after the 15th day of the SAR Submit Month, but before benefits are discontinued, the county shall not delay the payment and shall issue the first aid payment in time to be available to the recipient by the first day of the next assigned SAR Payment Period if possible, but not later than the tenth day of the first month of the next assigned SAR Payment Period.

(AR/CO) The county shall issue the first aid payment by mail or forward the direct deposit electronic fund transfer in time to be available to the recipient by the first day of each month of the assigned AR/CO Payment Period, unless the annual redetermination is not completed by the 15th day of the AR/CO Submit Month. If the annual redetermination is completed after the 15th day of the AR/CO Submit Month, but before benefits are discontinued, the county shall not delay the payment and shall issue the first aid payment in time to be available to the recipient by the first day of the next assigned AR/CO Payment Period if possible, but not later than the tenth day of the first month of the next assigned AR/CO Payment Period.

.232 The county shall place the second warrant in the mail or complete the second direct deposit electronic fund transfer in time to be available to the recipient by the 15th day of the assigned payment period.

.24 The exceptions to standard delivery dates specified in Section 44-304.6 shall be applicable to counties that have alternate payment systems.

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-307 (Cont.)

44-305 AID PAYMENTS - PAYEE AND DELIVERY (Continued) 44-305

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 10063(a), 11006.2, 11254, Welfare and Institutions Code; 45 CFR 233.29, 45 CFR 233.31(b)(4) and 45 CFR 233.32; Federal Register, Vol. 75, No. 19, dated January 29, 2010, pages 4928 and 4929 [7 CFR 273.12 (a)(1)(vii)].

44-307 VOUCHER/VENDOR PAYMENTS 44-307

.1 Voucher/Vendor Payments

A county shall issue vouchers or vendor payments for at least rent and utilities payments any time a parent or caretaker relative is in sanction status for at least three consecutive months. A county shall establish when to begin to issue vouchers or vendor payments for at least rent and utilities after this three-month period in sanction status. This timeframe shall be included in a county’s written policies and procedures. The vouchers or vendor payments shall continue until the parent or caretaker relative is no longer subject to sanction.

.2 Grant not Sufficient

When the computed grant is not sufficient to cover both rent and utilities, the county shall issue a voucher or vendor payment for the full amount of the grant. The voucher or vendor payment may be for rent, utilities, or some portion of either.

HANDBOOK BEGINS HERE

.21 Example:

Recipient's rent for a given month $500.

Utilities for the month $100.

Grant for the month $400.

The county could either send a $400 voucher to the landlord or send a $100 voucher to the utility company and a $300 voucher to the landlord.

HANDBOOK ENDS HERE

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STANDARDS OF ASSISTANCE 44-307 (Cont.) AID PAYMENTS Regulations

44-307 VOUCHER/VENDOR PAYMENTS (Continued) 44-307

.3 Untenable Living Situation

Counties shall establish procedures to accommodate recipients who notify the county fourteen calendar days prior to the issuance of the next rental payment that they wish to withhold all or part of their rent due to an untenable living situation.

.4 Change of Address

If a recipient notifies the county fourteen calendar days prior to the issuance of the next regular rental payment that he/she intends to move, the county shall arrange to send the next rental payment to the new landlord.

.5 Optional Voucher/Vendor

Counties have the option of issuing voucher or Payments

vendor payments in the following instances:

.51 Other Need Items

When vouchers or vendor payments are issued pursuant to Section 44-307.1, counties have the option to issue additional vouchers or vendor payments for other need items if they deem it in the best interest of the recipient child(ren), or

.52 Over Time Limit

When an adult is removed from the AU after reaching the 48-month time limit specified in Section 42-302.1, counties have the option of providing aid to the AU in the form of vouchers or vendor payments.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; SB 72 (Chapter 8, Statutes of 2011), Section 42. Reference: Sections 11320.15, 11327.5(d), 11450.13, 11453.2, 11454, 11454.2, and 17012.5, Welfare and Institutions Code; and Section 1942, Civil Code.

44-309 PROTECTIVE PAYMENTS

44-309

Choosing, appointing and reviewing protective payees.

.1 When the parent or needy caretaker relative is excluded from the assistance unit pursuant to Section 82-832.21 or 42-786, the payment for the assistance unit shall be made in its entirety by protective payments provided the county is able to locate an appropriate protective payee. See Section 44-310 for exceptions to protective payment requirements.

.11 The recipient's inability to manage money need not be established.

.12 Repealed by Manual Letter No. 85-04 (Effective 1/18/85)

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-310

44-309 PROTECTIVE PAYMENTS (Continued) 44-309

.13 The protective payee shall be selected using the following criteria:

.113 Interest in or concern with the recipient's welfare.

.114 Existence of a positive relationship with the recipient.

.115 Accessibility to the recipient.

.116 Good character and reliability (see also Section 40-107.2 for recipient's right to choose).

.14 At least every three months, the way in which the protective payee's responsibilities are carried out shall be reviewed.

.15 Protective payments will be terminated with return to money payment status only upon compliance by the parent or needy caretaker relative with the provisions of Sections 43-106 and/or 107, or Section 42-786.

NOTE: The above function shall be funded under Title IV-A of the Social Security Act.

NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, and 10604, Welfare and Institutions Code; and California Department of Health Services Manual Letter 77-1.

44-310 EXCEPTIONS TO PROTECTIVE PAYMENT REQUIREMENTS 44-310

.1 Protective payments under Sections 42-691.233, 42-786.5 and 44-309 are not required if, after making all reasonable efforts (see .2 below), the county is unable to locate an appropriate individual to whom protective payments can be made. In this case, the county shall continue to make payments on behalf of the remaining members of the assistance unit to the sanctioned caretaker.

.2 At a minimum, reasonable efforts on the part of the county to locate a protective payee shall include the following actions:

.21 Inform the sanctioned individual that the county is required to make protective payments if it is able to locate an appropriate protective payee.

.22 Ask the sanctioned individual to name a person who can act as the protective payee, and explain the selection criteria of Section 44-309.13 to the sanctioned individual.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: California Department of Health Services Manual Letter 77-1.

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STANDARDS OF ASSISTANCE 44-311 AID PAYMENTS Regulations

44-311 COST-OF-LIVING ADJUSTMENTS 44-311

Grant and benefit levels are adjusted annually on July 1 to reflect changes in the cost of living as provided by statute (see W&IC Sections 11453 and 13100). This section does not apply to foster care rates for AFDC children.

44-313 BUDGETING METHODS FOR CalWORKs 44-313

(SAR) Budgeting is the activity used to compute the aid payments for a SAR Payment Period for which eligibility exists using net nonexempt income, (see Chapter 44-100) that is reasonably anticipated to be received in the SAR Payment Period. The budgeting method used is prospective budgeting.

(AR/CO) Budgeting is the activity used to compute the aid payments for an AR/CO Payment Period for which eligibility exists using net nonexempt income, (see Chapter 44-100) that is reasonably anticipated to be received in the AR/CO Payment Period. The budgeting method used is prospective budgeting.

Budgeting is an activity separate from the determination of eligibility. All eligibility factors, including income eligibility (see Section 44-207 and 44-316.324), are considered on a prospective basis.

.1 Prospective Budgeting

(SAR) .11 Prospective budgeting is the method of computing an aid payment for a SAR Payment Period using income that is reasonably anticipated to be received in that period (see Section 44-315.31(SAR)) except for those mid-period changes where actual income is used as specified in Section 44-316.311(SAR).

(AR/CO) Prospective budgeting is the method of computing an aid payment for an AR/CO Payment Period using income that is reasonably anticipated to be received in that period (see Section 44-315.31(AR/CO)) except for those mid-period changes where actual income is used as specified in Section 44-316.311(AR/CO).

(SAR) .111 Income from the SAR Data Month, anticipated changes in income from the SAR Data Month, and mid-period income changes as specified in Section 44-316(SAR) shall be considered when determining eligibility and cash aid for a SAR Payment Period. Documentation shall be entered in the case that explains how income was projected in determining cash aid calculations. Case narrative entries shall include, but are not limited to, the following:

(SAR) (a) Income the recipient reports that he/she received in the SAR Data Month.

(SAR) (b) Any changes in income from the Data Month that the recipient reasonably anticipates receiving in the SAR Payment Period as reported on the SAR 7 or annual redetermination.

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-313 (Cont.)

44-313 BUDGETING METHODS FOR CalWORKs (Continued) 44-313

(SAR) (c) Documentation of the reasons for not accepting the recipient's reasonably anticipated income if the information is questionable.

(SAR) (d) Other information used to determine what income will be used in the cash aid calculations (verifications, employers' statements, case history, etc.) if the recipient's reasonably anticipated income is not used.

(AR/CO) Income from the AR/CO Data Month, anticipated changes in income from the AR/CO Data Month, and mid-period income changes as specified in Section 44- 316(AR/CO) shall be considered when determining eligibility and cash aid for an AR/CO Payment Period. Documentation shall be entered in the case that explains how income was projected in determining cash aid calculations. Case narrative entries shall include, but are not limited to, the following:

(AR/CO) (a) Income the recipient reports that he/she received in the AR/CO Data Month.

(AR/CO) (b) Any changes in income from the Data Month that the recipient reasonably anticipates receiving in the AR/CO Payment Period as reported mid-period or at annual redetermination.

(AR/CO) (c) Documentation of the reasons for not accepting the recipient's reasonably anticipated income if the information is questionable.

(AR/CO) (d) Other information used to determine what income will be used in the cash aid calculations (verifications, employers' statements, case history, etc.) if the recipient's reasonably anticipated income is not used.

.12 Prospective budgeting shall be used to compute:

(SAR) .121 The CalWORKs grant for each month in a SAR Payment Period.

(AR/CO) The CalWORKs grant for each month in an AR/CO Payment Period.

.2 Budgeting the Income of Individuals Added to or Deleted from an Existing Assistance Unit

(SAR) .21 The income of a new person who is added to an existing AU shall be budgeted prospectively in accordance with Section 44-316.312(b)(SAR) for each month of the SAR Payment Period.

(AR/CO) The income of a new person who is added to an existing AU shall be budgeted prospectively in accordance with Section 44-316.325(a)(AR/CO) for each month of the AR/CO Payment Period.

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STANDARDS OF ASSISTANCE 44-313 (Cont.) AID PAYMENTS Regulations

44-313 BUDGETING METHODS FOR CalWORKs (Continued) 44-313

.22 The income of an individual deleted from an AU shall not be considered income to the AU for budgeting purposes in any month(s) following his or her discontinuance except in the following circumstance:

.221 When the person remains in the home following discontinuance and has income which is considered available to the AU under Section 44-133, prospective budgeting shall continue.

.3 Budgeting in Approved Alternate Payment Systems

.31 Apply the requirements of 44-313 to approved alternate payment systems (see Section 44- 305.2). Substitute references to "month" with phrase "28- to 31-day period not limited to a calendar month."

.4 Budgeting for Refugee or Cuban/Haitian Entrant Cases Transferred from Refugee or Cuban/Haitian Entrant Cash Assistance to CalWORKs

.41 Prospective budgeting shall continue for recipients transferred from the Refugee Resettlement or Cuban/Haitian Entrant Programs to CalWORKs.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 11265.2, 11265.3, 11265.46, and 11450.5, Welfare and Institutions Code; Federal Register, Vol. 75, No. 19, dated January 29, 2010, pages 4928 and 4929 [7 CFR 273.12(a)(1)(vii)].

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STANDARDS OF ASSISTANCE 44-314 AID PAYMENTS Regulations

44-314 MAXIMUM FAMILY GRANT (MFG) 44-314

.1 Definitions

The following definitions pertain only to Section 44- 314.

.11 Break-in-Aid

For MFG purposes the following conditions will be considered a month in which the AU did not receive cash aid:

.111

A month in which the AU is eligible for a zero basic grant (ZBG) as defined in Section 44-315.8; or

.112

A month in which the reunification family does not receive a cash aid payment pursuant to Section 83- 812.683.

.12 Law Enforcement Agency

Law enforcement agency includes federal, state, and local law enforcement agencies.

.13 Mental Health Professional

Mental health professional means a person who is licensed by the State of California to provide counseling services.

.14 MFG Child

MFG child means the child, or children in the case of a multiple birth, that is not included in the AU size for the purpose of determining the MAP.

.15 Received Aid

Received aid means received cash aid for himself/herself or on behalf of his/her eligible child(ren). This includes:

.151

A sanctioned parent who has a protective payee.

.152

A minor that receives aid as a child and who subsequently becomes a minor parent.

.2 MFG

When a child is born into an AU that has received aid for at least ten months immediately prior to the birth, the child shall not be included in the AU size for the purpose of determining the MAP.

.3 MFG Application

The MFG applies when:

.31 Notice

The AU has received written notice of the MFG at least ten months prior to the birth of the child, and

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-314 (Cont.)

44-314 MAXIMUM FAMILY GRANT (MFG) (Continued) 44-314

.32 No Break in Aid

The AU has not had a break in aid of at least two consecutive months during the ten months immediately prior to the month of birth of the child.

.4 Continue MFG

The MFG continues to apply until the AU has not received aid for at least 24 consecutive months.

.5 MFG Exemptions

MFG shall not apply when:

.51 Rape

The child was conceived as a result of an act of rape, as defined in Sections 261 and 262 of the Penal Code, and

.511

The rape has been reported to a law enforcement agency, medical or mental health professional or an organization that provides counseling to victims of rape prior to, or within three months after, the birth of the child.

(a)

The recipient shall provide written verification from one of the entities listed above, that the incident of rape was reported and the date that the report was made.

.52 Incest

The child was conceived as a result of incest, as defined in Section 285 of the Penal Code, and

.521

Paternity has been established, or

.522

The incest has been reported to a law enforcement agency, medical or mental health professional or an organization that provides counseling to victims of incest prior to, or within three months after, the birth of the child.

(a)

The recipient shall provide written verification from one of the entities listed above that the incident of incest was reported and the date the report was made.

.53 Contraceptive Failure

It is medically verified that the child was conceived as a result of the failure of:

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STANDARDS OF ASSISTANCE 44-314 (Cont.) AID PAYMENTS Regulations

44-314 MAXIMUM FAMILY GRANT (MFG) (Continued) 44-314

.531

An intrauterine device, or

.532

Norplant, or

.533

The sterilization of either parent.

.54 Unaided Caretaker Relative

The child was conceived while either parent was an unaided nonparent caretaker relative.

.55 Not Living With Parent

The child is not living with either parent.

.56 Teen Parent/Former Teen Parent A teen parent/former teen parent, who has met the age requirements in Section 42-101 at the time the child was born, establishes his/her own AU. When this occurs, the MFG rule shall not apply to:

.561

Any existing child of the teen parent/former teen parent, or

.562

Any new child born to the teen parent/former teen parent during the first ten months after establishing his/her own AU.

.6 MFG Child Eligibility

The MFG child is eligible for and a recipient of aid including special needs.

.61 MBSAC

The MFG child is included in the AU size for the MBSAC.

.62 Child Support

Any child support payments for the MFG child shall be given to the AU and exempt from consideration as income. For treatment as a resource, see MPP Section 42-211.2.

.621

Benefits from the Social Security Administration or other government programs that are based on an absent parent's disability or retirement and paid to, or on behalf of, the MFG child shall be considered child support for MFG purposes.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 11203, 11265.2, 11450.04(a), (b)(1), (2) and (3), (d)(1), (2) and (3), and (e), Welfare and Institutions Code; Sections 261, 262, and 285, Penal Code; Nickols v. Saenz, Case Number 310867, August 25, 2000; and Kehrer v. Saenz, Case Number 99CS02320, January 22, 2001.

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-314 (Cont.)

44-315 AMOUNT OF AID

44-315

.1 Definitions

These definitions are specific to and for purposes of this section.

.11 Net Nonexempt Income

"Net Nonexempt Income" means all earned income and disability-based unearned income less applicable disregards, plus any unearned income.

HANDBOOK BEGINS HERE

[See Chapter 44-100 to determine net nonexempt income.]

HANDBOOK ENDS HERE

.12 Grant Amount

"Grant Amount" means the amount of cash aid which is to be paid to the AU for a given month.

.13 Potential Grant

Potential Grant" means the subtotal after the net nonexempt income is subtracted from the MAP plus special needs for the family. The potential grant may equal the grant amount if the potential grant is equal to or less than the MAP plus any special needs for the AU only.

.2 County Responsibility

The county is responsible for computing the amount of aid payment when:

.21 Granted

Aid is granted or restored;

.22 Redetermination

A redetermination of eligibility is made;

.23 Change

There is a change in need, income, or other factors affecting the amount of aid to which the recipient is eligible.

.3 Amount of Grant

The county shall calculate the amount of grant as follows:

(SAR) .31 Reasonably Anticipated

The reasonably anticipated monthly income shall be

Monthly Income

used to determine cash aid for the SAR Payment Period.

(AR/CO) Reasonably Anticipated

The reasonably anticipated monthly income shall be

Monthly Income

used to determine cash aid for the AR/CO Payment Period.

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STANDARDS OF ASSISTANCE 44-315 (Cont.) AID PAYMENTS Regulations

44-315 AMOUNT OF AID (Continued)

44-315

(SAR) .311

Income shall be considered to be reasonably anticipated if the county determines that:

(SAR) (a)

The income has been or will be approved or authorized within the next SAR Payment Period, or the household is otherwise reasonably certain that the income will be received within the SAR Payment Period; and

(SAR) (b)

The amount of the income is known; and

(SAR) (c)

The start date of the income is known.

(AR/CO) .311

Income shall be considered to be reasonably anticipated if the county determines that:

(AR/CO) (a)

The income has been or will be approved or authorized within the next AR/CO Payment Period, or the household is otherwise reasonably certain that the income will be received within the AR/CO Payment Period;

(AR/CO) (b)

The amount of the income is known; and

(AR/CO) (c)

The start date of the income is known.

(SAR) .312

If necessary, the county may require the recipient to provide one or more months of the previous period’s income when the county needs more information to determine what income is reasonably anticipated for the next SAR Payment Period.

(AR/CO) .312

If necessary, the county may require the recipient to provide one or more months of the previous period's income when the county needs more information to determine what income is reasonably anticipated for the next AR/CO Payment Period.

(SAR) .313

That portion of the AU's income which is uncertain or cannot be reasonably anticipated, in accordance with Section 44-101(c)(1)(SAR), will not be counted when determining income eligibility and cash aid.

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-315 (Cont.)

44-315 AMOUNT OF AID (Continued)

44-315

(AR/CO) .313

That portion of the AU's income which is uncertain or cannot be reasonably anticipated, in accordance with Section 44-101(c)(1)(AR/CO), will not be counted when determining income eligibility and cash aid.

(SAR) .314 Determine if Income Will The county shall determine whether the reasonably

Continue or Be Different anticipated monthly income is expected to be different from the income reported for the SAR Data Month for one or more months during the next SAR Payment Period or whether the monthly income reported for the SAR Data Month is expected to continue during the next SAR Payment Period.

(AR/CO) .314 Determine if Income

The county shall determine whether the reasonably

Will Continue or Be

anticipated monthly income is expected to be

Different

different from the income reported for the AR/CO Data Month for one or more months during the next AR/CO Payment Period or whether the monthly income reported for the AR/CO Data Month is expected to continue during the next AR/CO Payment Period.

.315 Income Expected to Continue

(SAR) (a) Weekly/Bi-Weekly Under the following circumstances the county

Payments

shall add weekly or bi-weekly (every other week) Data Month income amounts reported on the SAR 7 or the SAWS 2 and divide that total by the number of pay periods in the Data Month to arrive at an average weekly or bi-weekly income amount to which the conversion factor (see Section 44- 315.315(b)) shall be applied:

(SAR) (1)

An AU reports on the SAR 7 or SAWS 2 that it is paid on a weekly or bi-weekly basis and indicates that it does not anticipate any changes in income in the upcoming SAR Payment Period compared to the Data Month income actually reported on the SAR 7 or SAWS 2, and the county is in agreement with the AU's report of no change in income; or

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STANDARDS OF ASSISTANCE 44-315 (Cont.) AID PAYMENTS Regulations

44-315 AMOUNT OF AID (Continued)

44-315

(SAR) (2)

An AU reports on the SAR 7 or SAWS 2 that it is paid on a weekly or bi-weekly basis and indicates that it anticipates changes in income in the upcoming SAR Payment Period, but the county determines in its follow-up review that the AU's reasonably anticipated income in the next SAR Payment Period will not change from what was reported in the Data Month on the SAR 7 or SAWS 2; or

(SAR) (3)

An AU reports on the SAR 7 or SAWS 2 that it is paid on a weekly or bi-weekly basis and indicates that it anticipates changes in income in the upcoming SAR Payment Period and the new amount is known and the frequency of pay is anticipated to remain the same for the SAR Payment Period and the county is in agreement with the AU's report of the change in income.

(AR/CO) (a) Weekly/

Under the following circumstances the county

Bi-Weekly

shall add weekly or bi-weekly (every other week)

Payments

Data Month income amounts reported on the SAWS 2 and divide that total by the number of pay periods in the Data Month to arrive at an average weekly or bi-weekly income amount to which the conversion factor (see Section 44-315.315(b)) shall be applied:

(AR/CO) (1)

An AU reports on the SAWS 2 that it is paid on a weekly or bi-weekly basis and indicates that it does not anticipate any changes in income in the upcoming AR/CO Payment Period compared to the Data Month income actually reported on the SAWS 2, and the county is in agreement with the AU's report of no change in income; or

(AR/CO) (2)

An AU reports on the SAWS 2 that it is paid on a weekly or bi-weekly basis and indicates that it anticipates changes in income in the upcoming AR/CO Payment Period, but the county determines in its follow-up review that the AU's reasonably anticipated income in the next AR/CO Payment Period will not change from what was reported in the Data Month on the SAWS 2; or

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(AR/CO) (3)

An AU reports on SAWS 2 that it is paid on a weekly or bi-weekly basis and indicates that it anticipates changes in income in the upcoming AR/CO Payment Period and the new amount is known and the frequency of pay is anticipated to remain the same for the AR/CO Payment Period and the county is in agreement with the AU's report of the change in income.

HANDBOOK BEGINS HERE

(SAR) Example 1:

The recipient reports on the SAR 7 that four weekly paychecks were received in the following amounts: $115, $100, $135, and $95. The recipient also indicated on the SAR 7 that his/her income is not expected to change during the next SAR Payment Period compared to the income reported on the SAR 7. The county will add the four weeks of income together ($115+100+135+95=$445), divide by four ($445/4=$111.25) and then factor the resultant amount by 4.33 ($111.25 x 4.33=$481.71) (use the appropriate conversion factor for the payment frequency) to arrive at the monthly income amount for the next SAR Payment Period. If five pay periods were reported in the Data Month on the SAR 7, the county will add each week together and divide by five and then factor the resultant amount by 4.33.

(AR/CO) Example 1:

The recipient reports on the SAWS 2 that four weekly paychecks were received in the following amounts: $115, $100, $135, and $95. The recipient also indicated on the SAWS 2 that his/her income is not expected to change during the next AR/CO Payment Period compared to the income reported on the SAWS 2. The county will add the four weeks of income together ($115+100+135+95=$445), divide by four ($445/4=$111.25) and then factor the resultant amount by 4.33 ($111.25 x 4.33=$481.71) (use the appropriate conversion factor for the payment frequency) to arrive at the monthly income amount for the next AR/CO Payment Period. If five pay periods were reported in the Data Month on the

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SAWS 2, the county will add each week together and divide by five and then factor the resultant amount by 4.33.

(SAR) Example 2:

A recipient indicates on the SAR 7 that weekly income of $100 was received in the Data Month and explains on the SAR 7 that this income amount will not continue during the upcoming SAR Payment Period because the recipient hopes to get a new job soon but has no firm offer. Due to the speculative nature of the new job, the county determines that the income reported in the Data Month on the SAR 7 is reasonably anticipated to continue during the next SAR Payment Period. Therefore, the county would apply the conversion factor of 4.33 to the $100 weekly amount to arrive at the monthly income amount of $433 for the next SAR Payment Period. (In this example, because the $100 weekly amount remains the same for each pay period, the step requiring that the weekly amounts be added together and divided by the number of pay periods is not necessary.)

(AR/CO) Example 2:

A recipient indicates on the SAWS 2 that weekly income of $100 was received in the Data Month and explains on the SAWS 2 that this income amount will not continue during the upcoming AR/CO Payment Period because the recipient hopes to get a new job soon but has no firm offer. Due to the speculative nature of the new job, the county determines that the income reported in the Data Month on the SAWS 2 is reasonably anticipated to continue during the next AR/CO Payment Period. Therefore, the county would apply the conversion factor of 4.33 to the $100 weekly amount to arrive at the monthly income amount of $433 for the next AR/CO Payment Period. (In this example, because the $100 weekly amount remains the same for each pay period, the step requiring that the weekly amounts be added together and divided by the number of pay periods is not necessary.)

HANDBOOK CONTINUES

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(SAR) Example 3:

The SAR Payment Period is January through June. A recipient indicates on the May SAR 7 that bi- weekly income of $200 was received in the Data Month and explains on the SAR 7 that this income amount will increase to a bi-weekly amount of $250 beginning in the Submit Month of June and will continue at that amount. The county agrees with the recipient's SAR 7 information and applies the 2.167 conversion factor to the $250 bi-weekly amount to arrive at the monthly income amount of $541.75 for the next SAR Payment Period. (In this example, because the $250 bi-weekly amount remains the same for each pay period, the step requiring that the bi-weekly amounts be added together and divided by the number of pay periods is not necessary.)

(AR/CO) Example 3:

The AR/CO Payment Period is July through June. A recipient indicates on the May SAWS 2 that bi- weekly income of $200 was received in the Data Month and explains on the SAWS 2 that this income amount will increase to a bi-weekly amount of $250 beginning in the Submit Month of June and will continue at that amount. The county agrees with the recipient's SAWS 2 information and applies the 2.167 conversion factor to the $250 bi-weekly amount to arrive at the monthly income amount of $541.75 for the next AR/CO Payment Period. (In this example, because the $250 bi-weekly amount remains the same for each pay period, the step requiring that the bi-weekly amounts be added together and divided by the number of pay periods is not necessary.)

(SAR) Example 4:

The SAR Payment Period is January through June. A recipient indicates on the June SAWS 2 that their current weekly income of $150 will only continue through August, when their summer job will end. The county agrees with the recipient's SAWS 2 information and applies the 4.33 conversion factor to the $150 weekly amount to arrive at the monthly income amount of $649.50 for the months of July and August. No income will be used for the months of September through December.

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(AR/CO) Example 4:

The AR/CO Payment Period is July through June. A recipient indicates on the June SAWS 2 that their current weekly income of $150 will only continue through August, when their summer job will end. The recipient does not anticipate any other income for the remainder of the AR/CO Payment Period, including next summer. The county agrees with the recipient's SAWS 2 information and applies the 4.33 conversion factor to the $150 weekly amount to arrive at the monthly income amount of $649.50 for the months of July and August. No income will be used for the months of September through June.

HANDBOOK ENDS HERE

(b)

The average weekly and bi-weekly amounts arrived at above shall be converted to a monthly amount by using a 4.33 conversion factor for weekly payments and a 2.167 conversion factor for payments received bi-weekly.

(SAR) (c)

The conversion factors can only be used if weekly or bi-weekly payments are reasonably anticipated to continue throughout the SAR Payment Period.

(AR/CO) (c)

The conversion factors can only be used if weekly or bi-weekly payments are reasonably anticipated to continue throughout the AR/CO Payment Period.

HANDBOOK BEGINS HERE

(SAR) Example:

The recipient reports on the SAR 7 that she is paid on a weekly basis except she only works three weeks in a month and indicates that this frequency of pay will remain the same throughout the next SAR Payment Period and will remain unchanged throughout the next SAR Payment Period. She is typically paid $115, $100, and $135. The county will add the three weeks of income together ($115+100+135= $350) to arrive at a reasonably

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anticipated monthly income for the next SAR Payment Period. Since income is not paid every week of the SAR Payment Period, the conversion factor cannot be applied.

(AR/CO) Example:

The recipient reports on the SAWS 2 that she is paid on a weekly basis except she only works three weeks in a month and indicates that this frequency of pay will remain the same throughout the next AR/CO Payment Period and will remain unchanged throughout the next AR/CO Payment Period. She is typically paid $115, $100, and $135. The county will add the three weeks of income together ($115+100+135=$350) to arrive at a reasonably anticipated monthly income for the next AR/CO Payment Period. Since income is not paid every week of the AR/CO Payment Period, the conversion factor cannot be applied.

HANDBOOK ENDS HERE

(SAR) (d) Monthly/Semi- For income that is received monthly or semi-

Monthly Payments monthly (two times a month) and is expected to continue, the county shall use the total monthly income amount reported on the SAR 7 or the SAWS 2 for the SAR Data Month to calculate cash aid for the next SAR Payment Period. The conversion factors shall not be used for income that is received monthly or semi-monthly.

(AR/CO) (d) Monthly/

For income that is received monthly or semi-

Semi-Monthly monthly (two times a month) and is expected to

Payments

continue, the county shall use the total monthly income amount reported on the SAWS 2 for the AR/CO Data Month to calculate cash aid for the next AR/CO Payment Period. The conversion factors shall not be used for income that is received monthly or semi-monthly.

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(SAR) Example:

The recipient reports on the SAWS 2 that monthly income of $500 received in the SAR Data Month will continue for the SAR Payment Period. The county shall use the $500 monthly income total to calculate cash aid.

(AR/CO) Example:

The recipient reports on the SAWS 2 that monthly income of $500 received in the AR/CO Data Month will continue for the AR/CO Payment Period. The county shall use the $500 monthly income total to calculate cash aid.

HANDBOOK ENDS HERE

(SAR) .316 Income Expected to

For income that is reasonably anticipated to change

Change

during the SAR Payment Period, the current monthly income amount shall be used to calculate the grant for the months in which it is reasonably anticipated to be received. When a change in income is reported, the new amount of income shall be used to calculate the grant for the months of the SAR Payment Period in which it is reasonably anticipated to be received.

(SAR)

If this income is paid on a weekly or bi-weekly basis, the county shall convert the income into a monthly amount as described in Section 44- 315.315(a)(SAR) to compute the reasonably anticipated income to use for each month of the SAR Payment Period.

(AR/CO) .316 Income Expected to

For income that is reasonably anticipated to change

Change

during the AR/CO Payment Period, the current monthly income amount shall be used to calculate the grant for the months in which it is reasonably anticipated to be received. When a change in income is reported, the new amount of income shall be used to calculate the grant for the months of the AR/CO Payment Period in which it is reasonably anticipated to be received.

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44-315

(AR/CO)

If this income is paid on a weekly or bi-weekly basis, the county shall convert the income into a monthly amount as described in Section 44- 315.315(a)(AR/CO) to compute the reasonably anticipated income to use for each month of the AR/CO Payment Period.

HANDBOOK BEGINS HERE

(SAR) Example:

A recipient is in a January through June SAR Payment Period. The recipient indicates on the June SAR 7 that weekly income of $100 per week was received in the SAR Data Month and that this income will increase to $150 per week beginning in August.

The $100 weekly income will be converted to a monthly amount ($100 x 4.33 = $433) and used to determine the benefit amount for the month of July.

The $150 weekly income will be converted to a monthly amount ($150 x 4.33 = $649*) and used to determine the benefit amount for the remaining months of the SAR Payment Period (August through December).

*50% Earned Income Disregard and Net non-exempt income must be rounded down to the nearest dollar amount per MPP Section 44-315.34.

(AR/CO) Example:

A recipient is in a July through June AR/CO Payment Period. The recipient indicates on the June SAWS 2 that weekly income of $100 per week was received in the AR/CO Data Month and that this income will increase to $150 per week beginning in August.

The $100 weekly income will be converted to a monthly amount ($100 x 4.33 = $433) and used to determine the benefit amount for the month of July.

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The $150 weekly income will be converted to a monthly amount ($150 x 4.33 = $649*) and used to determine the benefit amount for the remaining months of the AR/CO Payment Period (August through June).

*50% Earned Income Disregard and Net non-exempt income must be rounded down to the nearest dollar amount per MPP Section 44-315.34.

HANDBOOK ENDS HERE

(SAR) (a) Income Expected to If an AU/household's monthly income fluctuates or

Fluctuate after Data they expect the income received in the Data Month

Month

to change in the upcoming SAR Payment Period, the CWD must attempt to find out the amount of income the AU/household reasonably expects to receive, in order to determine what income, if any, can be reasonably anticipated and used in the next SAR Payment Period's benefit calculation. Only that portion of income that the AU/household reasonably anticipates it will receive can be used in the benefit calculation.

New income cannot be anticipated unless the AU/household is reasonably certain of the amount of income and the start date. If an AU/household reports that they expect their income to change or stop, but are uncertain of when or by how much, the CWD cannot reasonably anticipate this change. However, if the recipient states that the Data Month income is not typical, explains why, and lists an estimate of future income, barring any information to the contrary, the recipient’s estimate of future income should be used. Additionally, if the recipient states that their income fluctuates so much that they can't anticipate any income, no income will be counted. If the CWD disagrees that the income is too unpredictable to anticipate, it must explore with the applicant or recipient what amount, if any, can be reasonably anticipated and document the basis for the amount used in the case narrative.

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(AR/CO) (a) Income Expected to If an AU/household's monthly income fluctuates

Fluctuate after Data or they expect the income received in the Data

Month

Month to change in the upcoming AR/CO Payment Period, the CWD must attempt to find out the amount of income the AU/household reasonably expects to receive, in order to determine what income, if any, can be reasonably anticipated and used in the next AR/CO Payment Period's benefit calculation. Only that portion of income that the AU/household reasonably anticipates it will receive can be used in the benefit calculation.

New income cannot be anticipated unless the AU/household is reasonably certain of the amount of income and the start date. If an AU/household reports that they expect their income to change or stop, but are uncertain of when or by how much, the CWD cannot reasonably anticipate this change. However, if the recipient states that the Data Month income is not typical, explains why, and lists an estimate of future income, barring any information to the contrary, the recipient’s estimate of future income should be used. Additionally, if the recipient states that their income fluctuates so much that they can’t anticipant any income, no income will be counted. If the CWD disagrees that the income is too unpredictable to anticipate, it must explore with the applicant or recipient what amount, if any, can be reasonably anticipated and document the basis for the amount used in the case narrative.

HANDBOOK BEGINS HERE

(SAR) Example 1:

Recipient provides a SAR 7 with four check stubs for the Data Month of varying amounts ($50, $150, $75, and $500). There were five weeks in that month, and for one week, he reports no earnings at all. He works on call and has no idea when he will be called in. The worker reviews the case and confirms that the recipient had periods of no income in the past. The worker then carefully documents

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the basis for being unable to reasonably anticipate any income, and budgets no income for the upcoming SAR Payment Period. The recipient must report income above the IRT in accordance with requirements, but any other mid-period income report is voluntary.

(SAR) Example 2:

Using the same employment scenario as above, except that the recipient reports that he expects to earn at least $150/month. The CWD shall accept this statement, unless there is a reason to find it questionable. The worker must document the basis for using the estimate or document the reason for using a different amount. (For example: Past earning history shows that the recipient has always earned at least that amount, and although there were periods of higher earnings, they were sporadic). The recipient must report income above the IRT in accordance with requirements, but any other mid- period income report is voluntary. The recipient can also report mid-period if his income does not reach $150 and the grant amount shall be supplemented, as necessary.

(AR/CO) Example 1:

Recipient provides a SAWS 2 with four check stubs for the Data Month of varying amounts ($50, $150, $75, and $500). There were five weeks in that month, and for one week, he reports no earnings at all. He works on call and has no idea when he will be called in. The worker reviews the case and confirms that the recipient had periods of no income in the past. The worker then carefully documents the basis for being unable to reasonably anticipate any income, and budgets no income for the upcoming AR/CO Payment Period. The recipient must report income above the IRT in accordance with requirements, but any other mid-period income report is voluntary.

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(AR/CO) Example 2:

HANDBOOK ENDS HERE

(SAR) .317 Determination of Aid Based When a recipient mid-period report or a county

on Mid-Period Changes initiated action changes the amount of cash aid, except as provided in Section 44-316.312(a)(3) (SAR), the county shall determine the grant amount by determining the monthly income that is reasonably anticipated for each remaining month of the SAR Payment Period. The county shall use the reasonably anticipated monthly income to calculate cash aid for the remaining months of the SAR Payment Period.

(AR/CO) .317 Determination of Aid Based When a recipient mid-period report or a county

on Mid- Period Changes initiated action changes the amount of cash aid, except as provided in Section 44-316.312(a)(3) (AR/CO), the county shall determine the grant amount by determining the monthly income that is reasonably anticipated for each remaining month of the AR/CO Payment Period. The county shall use the reasonably anticipated monthly income to calculate cash aid for the remaining months of the AR/CO Payment Period.

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.32 "Family" MAP

Determine the Maximum Aid Payment (MAP) for all family members whose needs are considered in the payment month. The MAP is set forth in Welfare and Institutions Code Section 11450.

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.321 MBSAC and MAP Levels***

(a) REGION 1 MBSAC/MAP STANDARDS

# in AU MBSAC EXEMPT NONEXEMPT

MAP* MAP*

1 $591 $369 $333 2 $968 $606 $542 3 $1,200 $750 $670 4 $1,424 $891 $800 5 $1,626 $1,014 $909 6 $1,828 $1,140 $1,021 7 $2,009 $1,252 $1,122 8 $2,187 $1,366 $1,222 9 $2,372 $1,475 $1,321 10 or more** $2,575 $1,586 $1,419

REGION 2 MBSAC/MAP STANDARDS

# in AU MBSAC EXEMPT NONEXEMPT

MAP* MAP*

1 $560 $351 $315 2 $920 $578 $515 3 $1,139 $715 $638 4 $1,355 $849 $761 5 $1,547 $969 $866 6 $1,739 $1,087 $972 7 $1,907 $1,194 $1,067 8 $2,082 $1,301 $1,164 9 $2,249 $1,407 $1,258 10 or more** $2,449 $1,511 $1,350

* See MPP Section 89-110.2 for definition of Exempt and Nonexempt AUs.

** For MBSAC add twenty two dollars ($22) for each additional needy person.

*** MBSAC Levels effective 07/01/13, MAP Levels effective 03/01/14, MBSAC levels are subject to annual Cost of Living Adjustments. MAP levels are subject to change. (See Welfare and Institutions Code Sections 11450, 11452, and 11453.)

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REGION 1 COUNTIES REGION 2 COUNTIES

Alameda Orange Santa Clara Alpine Lake San Bernardino

Contra Costa San Diego Santa Cruz Amador Lassen San Joaquin

Los Angeles San Solano Butte Madera Shasta Francisco

Marin San Luis Sonoma Calaveras Mariposa Sierra Obispo

Monterey San Mateo Ventura Colusa Mendocino Siskiyou

Napa Santa

Del Norte Merced Stanislaus Barbara

El Dorado Modoc Sutter

Fresno Mono Tehama

Glenn Nevada Trinity

Humboldt Placer Tulare

Imperial Plumas Tuolumne

Inyo Riverside Yolo

Kern Sacramento Yuba

Kings San Benito

HANDBOOK ENDS HERE

.33 Add Special

Add any special need payment amounts for the Need Payment

family to the MAP.

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.34 Net Nonexempt Income

Round to the next lower dollar the net nonexempt income from the budget month including in-kind income.

HANDBOOK BEGINS HERE

(See Chapter 44-100 for computing net nonexempt income.)

HANDBOOK ENDS HERE

.35 Potential Grant

Subtract the net nonexempt income amount from the MAP plus special need for the family. This is the potential grant amount.

.36 AU MAP

Determine the Maximum Aid Payment (MAP) for the AU only. The MAP is set forth in Welfare and Institutions Code Section 11450.

.37 Add Special Need

Add any special need payments for the AU only to Payments

the MAP.

.38 Actual Grant Amount

The actual grant amount is the lesser of the potential grant amount or the sum of the MAP plus special needs for the AU only.

HANDBOOK BEGINS HERE

.381

For additional Amount of Aid requirements applicable to pregnant or parenting minors who are Cal-Learn participants, see Section 42-762.7.

.39 Computation Examples

(SAR) Computation of monthly grant amount for the SAR Payment Period when the AU's income reported for the SAR Data Month is expected to continue for the upcoming SAR Payment Period.

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Example 1:

A nonexempt family of four (a pregnant mom, stepfather (father of the unborn) and her two separate children) are in a July through December SAR Payment Period. The stepfather reports receiving gross earned income of $775 in the Data Month of November. The AU has no other income and does not reasonably anticipate any changes in income for the upcoming SAR Payment Period. The family lives in Region 1.

$ 775 Reasonably Anticipated Monthly Earned Income for the Family

- 225

$225 Income Disregard

$ 550 Subtotal

- 275 50% Earned Income Disregard*

$ 275 Total Net Nonexempt Income*

$ 800 "Family" MAP for Four (mother, stepfather and two children) Region 1

+ 47 Special Needs AU

$ 847 Total (MAP plus special needs)

- 275 Net Nonexempt Income

$ 572 Potential Grant

$ 670 Nonexempt AU MAP for Three (Region 1)

+ 47 Special Needs for AU

$ 717 Total MAP plus Special Needs

$ 572 Actual Grant Amount (lesser of potential grant or AU MAP plus special needs)

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

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(AR/CO) Computation of monthly grant amount for the AR/CO Payment Period when the AU's income reported for the AR/CO Data Month is expected to continue for the upcoming AR/CO Payment Period.

Example 1:

A nonexempt family of four (timed-out mom, stepfather and her two separate children) are in a July through June AR/CO Payment Period. The stepfather reports receiving gross earned income of $775 in the Data Month of June. The AU has no other income and does not reasonably anticipate any changes in income for the upcoming AR/CO Payment Period. The family lives in Region 1.

$ 775 Reasonably Anticipated Monthly Earned Income for the Family - 225

$225 Income Disregard $ 550 Subtotal - 275

50% Earned Income Disregard* $ 275 Total Net Nonexempt Income*

$ 670 "Family" MAP for Three (stepfather and two children) Region 1 + 9 Special Needs AU (Therapeutic Diet for one child) $ 679 Total (MAP plus special needs) - 275

Net Nonexempt Income $ 404 Potential Grant

$ 542 Nonexempt AU MAP for Two (Region 1) + 9 Special Needs for AU $ 551 Total MAP plus Special Needs

$ 404 Actual Grant Amount (lesser of potential grant or AU MAP plus special needs)

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

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(SAR) Computation of monthly grant amount for a SAR Payment Period when the AU's income reported for the SAR Data Month is reasonably anticipated to differ for one or more months of the SAR Payment Period.

Example 2:

A Region 1 nonexempt AU of four is in the July through December SAR Payment Period. Mother completes her redetermination on December 15. On the SAWS 2, she reports that she started a part-time job in December that will only last until the end of January, when the holiday shopping season has ended. She reports that she will get paid $900 in January and $450 in February. One child is also receiving SSA disability benefits of $100 per month based on an absent father's disability. SSA disability benefits are considered disability based unearned income (DBI).

Benefits for the January through July SAR Payment Period are computed based on the income the AU reasonably anticipates it will receive during that period as follows:

Benefits for January will be computed based on earned income of $900 and DBI of $100 per month:

$ 100 Reasonably Anticipated Monthly DBI Income

- 225 Less DBI Disregard

0 Net DBI Income

$ 125 Remainder of $225 DBI Disregard

$ 900 Reasonably Anticipated Monthly Earned Income

- 125 Less remainder of $225 Income Disregard

$ 775 Subtotal

- 387 Less 50% Earned Income Disregard*

$ 387 NNI*

$ 800 MAP for AU of Four

- 387 Less NNI*

$ 413 Monthly Grant for January

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

HANDBOOK CONTINUES

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44-315 AMOUNT OF AID (Continued)

44-315

HANDBOOK CONTINUES

Benefits for February will be computed based on earned income of $450 and DBI of $100 per month:

$ 100 Reasonably Anticipated Monthly DBI Income

- 225 Less DBI Disregard

0 Net DBI Income

$ 125 Remainder of $225 DBI Disregard

$ 450 Reasonably Anticipated Monthly Earned Income

- 125 Less remainder of $225 Income Disregard

$ 325 Subtotal

- 162 Less 50% Earned Income Disregard*

$ 162 NNI*

$ 800 MAP for AU of Four

- 162 Less NNI*

$ 638 Monthly Grant for February

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

Benefits for March through June will be computed based on earned income of $0 and DBI of $100 per month:

$ 100 Reasonably Anticipated Monthly DBI Income

- 225 Less DBI Disregard

0 Net DBI Income

$ 0 Reasonably Anticipated Monthly Earned Income

$ 0 NNI

$ 800 MAP for AU of Four

- 0 Less NNI

$ 800 Monthly Grant for March through June

(AR/CO) Computation of monthly grant amount for an AR/CO Payment Period when the AU's income reported for the AR/CO Data Month is reasonably anticipated to differ for one or more months of the AR/CO Payment Period.

HANDBOOK CONTINUES

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44-315

HANDBOOK CONTINUES

Example 2:

A Region 1 nonexempt child-only AU of four is in the January through December AR/CO Payment Period. Mother completes her redetermination on December 15. On the SAWS 2, she reports that she started a part-time job in December that will only last until the end of January, when the holiday shopping season has ended. She reports that she will get paid $900 in January and $450 in February. One child is also receiving SSA disability benefits of $100 per month based on an absent father's disability. SSA disability benefits are considered disability based unearned income (DBI).

Benefits for the January through December AR/CO Payment Period are computed based on the income the AU reasonably anticipates it will receive during that period as follows:

Benefits for January will be computed based on earned income of $900 and DBI of $100 per month:

$ 100 Reasonably Anticipated Monthly DBI Income

- 225 Less DBI Disregard

0 Net DBI Income

$ 125 Remainder of $225 DBI Disregard

$ 900 Reasonably Anticipated Monthly Earned Income

- 125 Less remainder of $225 Income Disregard

$ 775 Subtotal

- 387 Less 50% Earned Income Disregard*

$ 387 NNI*

$ 800 MAP for AU of Four

- 387 Less NNI*

$ 413 Monthly Grant for January

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

Benefits for February will be computed based on earned income of $450 and DBI of $100 per month:

$ 100 Reasonably Anticipated Monthly DBI Income

- 225 Less DBI Disregard

0 Net DBI Income

$ 125 Remainder of $225 DBI Disregard

HANDBOOK CONTINUES

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44-315 AMOUNT OF AID (Continued)

44-315

HANDBOOK CONTINUES

$ 450 Reasonably Anticipated Monthly Earned Income

- 125 Less remainder of $225 Income Disregard

$ 325 Subtotal

- 162 Less 50% Earned Income Disregard*

$ 162 NNI*

$ 800 MAP for AU of Four

- 162 Less NNI*

$ 638 Monthly Grant for February

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

Benefits for March through December will be computed based on earned income of $0 and DBI of $100 per month:

$ 100 Reasonably Anticipated Monthly DBI Income

- 225 Less DBI Disregard

0 Net DBI Income

$ 0 Reasonably Anticipated Monthly Earned Income

$ 0 NNI

$ 800 MAP for AU of Four

- 0 Less NNI

$ 800 Monthly Grant for March through December

(SAR) Mid-Period Changes to Cash Aid

Example 3:

A Region 1 nonexempt AU of three (mother and two children) is in the October through March SAR Payment Period. On her previous SAWS 2 received in September, (SAR Data Month for the previous SAR Payment Period was August), mother reported her earned income to be $600 and that she expected no changes for the next SAR Payment Period. The grant amount for the SAR Payment Period was calculated as follows:

$ 600 Reasonably Anticipated Monthly Income for the Family

- 225 $225 Earned Income Disregard

$ 375 Subtotal

- 187 50% Earned Income Disregard*

$ 187 Total Net Nonexempt Income*

HANDBOOK CONTINUES

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$ 670 Non-exempt MAP for Three, Region 1

- 187 Less Net Nonexempt Income*

$ 483 AU Monthly Grant for the SAR Payment Period

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

On November 25, the mother voluntarily reports that the father moved into the home on November 12. The father is determined eligible and is reasonably anticipated to have monthly income of $200 a month.

The Mid-Period Grant Calculation for the Remaining Months of the SAR Payment Period Would Be:

$ 600 Existing AU's Previously Determined Reasonably Anticipated Monthly Earned Income

+ 200 Father's Reasonably Anticipated Earned Monthly Income

$ 800 Total Net Nonexempt Income for the Potential AU

- 225 $225 Earned Income Disregard

$ 575 Subtotal

- 287 50% Earned Income Disregard*

$ 287 Total Net Nonexempt Monthly Income*

$ 800 Non-exempt MAP for Four, Region 1 (includes eligible father)

- 287 Less Net Nonexempt Income*

$ 513 AU Monthly Grant Payment for the Remaining Months of the SAR Payment Period

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

Father is added to the existing AU effective December 1 since his addition to the AU will increase the cash aid. Because there is not time to increase the December grant, a supplement of $30 is issued to the AU for December and the grant is increased to $513 for the remaining months of the SAR Payment Period.

HANDBOOK CONTINUES

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44-315 AMOUNT OF AID (Continued)

44-315

HANDBOOK CONTINUES

(AR/CO) Mid-Period Changes to Cash Aid

Example 3:

A Region 1 nonexempt AU of three (timed out mother and three children) is in the October through September AR/CO Payment Period. On her previous SAWS 2 received in September, (AR/CO Data Month for the previous AR/CO Payment Period was August), mother reported her earned income to be $600 and that she expected no changes for the next AR/CO Payment Period. The grant amount for the AR/CO Payment Period was calculated as follows:

$ 600 Reasonably Anticipated Monthly Income for the Family

- 225 $225 Earned Income Disregard

$ 375 Subtotal

- 187 50% Earned Income Disregard*

$ 187 Total Net Nonexempt Income*

$ 670 Non-exempt MAP for Three, Region 1

- 187 Less Net Nonexempt Income*

$ 483 AU Monthly Grant for the AR/CO Payment Period

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

On November 25, the mother reports her monthly earned income has decreased to $500 and she does not expect any changes for the remainder of the AR/CO Payment Period.

The Mid-Period Grant Calculation for the Remaining Months of the AR/CO Payment Period Would Be:

$ 500 Reasonably Anticipated Monthly Income for the Family

- 225 $225 Earned Income Disregard

$ 275 Subtotal

- 137 50% Earned Income Disregard*

$ 137 Total Net Nonexempt Income*

HANDBOOK CONTINUES

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HANDBOOK CONTINUES

$ 670 Non-exempt MAP for Three, Region 1

- 137 Less Net Nonexempt Income*

$ 533 AU Monthly Grant Payment for the Remaining Months of the AR/CO Payment Period

* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34

The change in monthly grant will be effective December 1. Because there is not time to increase the December grant, a supplement of $50 is issued to the AU for December and the grant is increased to $533 for the remaining months of the AR/CO Payment Period.

HANDBOOK ENDS HERE

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-315 (Cont.)

44-315 AMOUNT OF AID (Continued)

44-315

.4 Special Needs

The amount of the Special Needs shall be calculated as follows:

.41

Round to the next lower dollar the amount of recurring special needs (see Section 44-211) the Assistance Unit (AU) is eligible to receive.

.42

Payment for recurring special needs shall be added to the amount determined payable as the basic grant, provided that the allowance available for each FBU per month for recurring special needs does not exceed the amount resulting from multiplying $10 by the number of persons in the FBU. However, any remaining excess of net nonexempt income above the maximum aid payment not utilized to meet nonrecurring or pregnancy special needs shall be applied to meet the cost of recurring special needs.

.43

The amount determined in .421, up to limitation determined in .422, shall be paid in addition to the basic grant.

.44

Round to the next lower dollar the amount of nonrecurring special needs (Section 44-211) the AU is eligible to receive.

.45

Payment for nonrecurring special needs shall be added to the amount determined payable as the basic grant. However, any remaining excess of net nonexempt income above the maximum aid payment not utilized to meet recurring or pregnancy special needs shall be applied to meet the cost of nonrecurring special needs.

.46

Payment for a pregnancy special need shall be added to the amount determined payable as the basic grant, provided that the pregnant woman has been determined to be eligible for such need in accordance with Section 44-211.4. However, any remaining excess of net nonexempt income above the maximum aid payment not utilized to meet recurring or nonrecurring special needs shall be applied to meet the cost of the pregnancy special need.

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STANDARDS OF ASSISTANCE 44-315 (Cont.) AID PAYMENTS Regulations

44-315 AMOUNT OF AID (Continued)

44-315

.5 $10 or More

If the amount determined in Section 44-315.38 is less than ten dollars ($10), no payment shall be paid for that month. If the beginning date of aid is after the first of the month, and the amount of aid determined in Section 44-315.38 is to be prorated, and the prorated amount is less than ten dollars ($10), no payment shall be paid for that month. Such cases shall be considered to have received a payment for all other purposes.

If the amount determined in Section 44-315.38 is ten dollars ($10) or more, that amount is the total grant and, if there are no overpayment adjustments, shall be authorized as the aid payment.

.6 Payment in Installments

Aid need not be paid in equal installments.

.7 Proration of CalWORKs Grant

.71

When the beginning date of aid is on the first day of the month, the recipient shall be entitled to receive a payment for the full month.

.72

When the beginning date of aid is after the first of the month (see Section 44-317) the total grant shall be prorated. The prorated grant shall be computed as follows:

.721

Determine the total monthly grant amount (see Section 44-315.38);

.722

Determine the actual number of days in the month;

.723

Divide this number into the monthly grant amount to determine the daily grant;

.724

Determine the total number of days for which the recipient is eligible in that month including the first and last day of aid for that month;

.725

Multiply this number by the daily grant amount to determine the prorated grant;

.726

If the prorated grant amount is not a whole dollar, then the prorated amount shall be rounded to the next lower whole dollar. (See Section 44-315.5 if this amount is less than ten dollars.)

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STANDARDS OF ASSISTANCE Regulations AID PAYMENTS 44-315 (Cont.)

44-315 AMOUNT OF AID (Continued)

44-315

HANDBOOK BEGINS HERE

.73

Reciprocal Table for Computing Partial Month's Payments Portion of Monthly Rate or Reciprocal Table

Day of 28-day 29-day 30-day 31-day Day of the Month Month Month Month the month

month

1st 1.0000 1.0000 1.0000 1.0000 1st 2nd .9643 .9655 .9667 .9677 2nd 3rd .9286 .9310 .9333 .9355 3rd 4th .8929 .8966 .9 .9032 4th 5th .8571 .8621 .8667 .8710 5th

6th .8214 .8276 .8333 .8387 6th 7th .7857 .7931 .8 .8065 7th 8th .75 .7586 .7667 .7742 8th 9th .7143 .7241 .7333 .7419 9th

10th .6786 .6897 .7 .7097 10th 11th .6429 .6552 .6667 .6774 11th 12th .6071 .6207 .6333 .6452 12th 13th .5714 .5862 .6 .6129 13th

14th .5357 .5517 .5667 .5806 14th 15th .5 .5172 .5333 .5484 15th 16th .4643 .4828 .5 .5161 16th 17th .4286 .4483 .4667 .4839 17th

18th .3929 .4138 .4333 .4516 18th 19th .3571 .3793 .4 .4194 19th 20th .3214 .3448 .3667 .3871 20th 21st .2857 .3103 .3333 .3548 21st

22nd .25 .2759 .3 .3226 22nd 23rd .2143 .2414 .2667 .2903 23rd 24th .1786 .2069 .2333 .2581 24th 25th .1429 .1724 .2 .2258 25th

HANDBOOK CONTINUES

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44-315 AMOUNT OF AID (Continued)

44-315

HANDBOOK CONTINUES

Day of 28-day 29-day 30-day 31-day Day of the Month Month Month Month the month

month

26th .1071 .1379 .1667 .1935 26th 27th .0714 .1034 .1333 .1613 27th 28th .0357 .0690 .1 .1290 28th 29th

.0345 .0667 .0968 29th 30th

.0333 .0645 30th 31st

.0323 31st

EXAMPLE: The total monthly grant amount is $150 (see Section 44-315.43). Aid is to begin on the 17th of March, and March has 31 days. The reciprocal for the 17th day of a 31- day month is .4839. The total monthly grant amount X the reciprocal = the prorated grant amount ($150 x .4839 = $72.5850). $72.5850 is rounded to $72 which is the amount of the payment (see Section 44-315.432 if the amount of the payment is less than ten dollars).

HANDBOOK ENDS HERE

.8 Zero Basic Grant

.81 An AU is considered to have received a cash aid payment even when:

.811 The payment is not sent due to penalty which reduced the payment to zero, or

.812 The grant amount is $10 or less. See Section 44-315.5 regarding grants $10 or less, or

.813 The grant for the AU is reduced to zero to adjust for a prior overpayment, or

.814 The grant based on On-The-Job Training is diverted to the employer as a wage subsidy to offset the participant's wages. See Section 42-701.2(g)(2).

NOTE: Authority cited: Sections 10553, 10554, 11209, 11450, 11450(g), 11450.018(a) and (b), 11452.018(a), and 11453, Welfare and Institutions Code; SB 72 (Chapter 8, Statutes of 2011), Section 42. Reference: Sections 10553, 10554, 11004, 11017, 11209, 11253.5(d) and (e), 11254, 11265.2, 11265.3, 11265.46, 11265.8(a), 11323.4, 11450, 11450(g), 11450.01, 11450.015, 11450.018(a) and (b), 11451.018(a), 11450.03, 11450.5, 11451.5, 11452, 11453, and 11453(a), Welfare and Institutions Code; Federal Register, Vol. 75, No. 19, dated January 29, 2010, pages 4928 and 4929 [7 CFR 273.12 (a)(1)(vii)].

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(14eas)CDSS Manual of Policies and Procedures, Eligibility and Assistance Standards: legacy PDF 14EAS (chapter 46-400, State Supplemental Program)#

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STATE SUPPLEMENTAL PROGRAM Regulations GENERAL

TABLE OF CONTENTS

CHAPTER 46-400 AID RECOVERIES AND SPECIAL CIRCUMSTANCES

Section

Special Circumstances ...................................................................................................................... 46-425

Special Needs - Food, Care, and Maintenance for Assistance Dogs ................................................ 46-430

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STATE SUPPLEMENTAL PROGRAM Regulations AID RECOVERIES AND SPECIAL CIRCUMSTANCES 46-425 (Cont.)

CHAPTER 46-400 AID RECOVERIES AND SPECIAL CIRCUMSTANCES

46-425 SPECIAL CIRCUMSTANCES

46-425

.1 Administration. County Welfare Departments (CWD's) shall administer this section including establishment of eligibility and payments of benefits.

.2 Definitions.

.21 "Catastrophe" means fire, flood, earthquake or similar disaster.

.22 "Emergency" means a special circumstance which requires immediate action to escape an unhealthful or unsafe situation as determined by the CWD.

.23 "Eviction" means an official legal action or a written demand by the landlord to vacate rental property or any other action by the landlord which substantially interferes with occupancy by the tenant, such as terminating utility services or removing doors.

.24 "Housing" means a dwelling and the land on which it is situated.

.25 "Housing modifications" means alterations to a dwelling that change an existing structure or add something new to accommodate physical infirmities or other health or safety needs.

.26 "Housing repairs" means restoring an item to a level of adequate function after damage or breakdown. An item needs repair when it is in such a state of disrepair that it is no longer functioning in the way for which it was constructed.

.27 "Liquid assets" means resources which are readily converted to cash. This includes cash, negotiable stocks and bonds, bank accounts, etc. Liquid assets do not include the recipient's regular monthly grant or the cash value of insurance policies, burial trusts, automobile or other personal property not readily converted to cash.

.28 "Recipients" means SSP recipients.

.29 "Special circumstances" means those circumstances which are not common to all recipients and which arise out of need for certain goods or services, and physical infirmities or other conditions peculiar, on a nonrecurring basis, to the individual's situation.

Special circumstances may result in payments for:

.291 Replacement or repair of essential household furniture and equipment; and replacement of clothing (see Catastrophe Section 46-425.61 and .62).

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STATE SUPPLEMENTAL PROGRAM 46-425 (Cont.) AID RECOVERIES AND SPECIAL CIRCUMSTANCES Regulations

46-425 SPECIAL CIRCUMSTANCES (Continued) 46-425

.292 Housing repairs (see Sections 46-425.26, 46-425.63 and .64).

.293 Moving expenses (see Section 46-425.65 and .66).

.294 Housing modifications (see Sections 46-425.25 and 46-425.67).

.295 Prevention of foreclosure (see Section 46-425.68).

.3 Utilization of Liquid Assets. The costs of any special circumstances shall be met by first requiring the recipient to utilize all but $300 of his/her available liquid assets. The recipient shall also be allowed to retain any funds that have been specifically designated for the following future needs:

.31 Property tax

.32 Home insurance

.33 Funds which have been specifically committed for known medical expenses already incurred or planned and not covered by Medi-Cal or any other source. Examples include but are not limited to, a surgical operation for an ineligible spouse or purchase of such items as eye glasses or dental plates.

.34 Any monies that are being accumulated to satisfy a lien against the home property or a judgment arising out of an automobile accident that otherwise would result in loss of the recipient's driver's license.

.35 Funds which have been set aside to fulfill an approved plan of self-support in the SSI/SSP Program.

.4 Payment of Benefits

.41 Payment shall not be made for any need which can be met without cost to the recipient.

.42 Payment shall be made to the recipient or his/her representative payee except when, in the opinion of the county, vendor payment is more advisable.

.43 Vendor payments shall be made no later than thirty days after the vendor's bill is presented to the county.

.44 Payment shall not be made for expenses that do not have prior authorization from the county, except as specified in .5 below.

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STATE SUPPLEMENTAL PROGRAM Regulations AID RECOVERIES AND SPECIAL CIRCUMSTANCES 46-425 (Cont.)

46-425 SPECIAL CIRCUMSTANCES (Continued) 46-425

.5 Exception to the Requirement of Prior Authorization for Payment. Prior county authorization to incur expenses shall not be required when the special circumstance is an emergency.

The recipient shall submit evidence to the county to show that an emergency existed and that the expenses incurred were necessary and reasonable.

.6 Categories of Special Circumstances Payments. Payments under this section shall be limited to the following:

.61 Replacement or repair of essential household furniture, equipment or supplies owned by the recipient which have been lost, damaged or destroyed through catastrophe. Such items shall be replaced, restored or repaired. In nonemergency situations, the recipient shall, upon county request, provide information to determine whether replacement, restoration or repair is most feasible before the county authorizes the expense to be incurred.

.611 The cost shall be prorated among the owners of the items.

.612 The amount of the allowance per catastrophe to the recipient(s) shall be the item's reasonable replacement, restoration or repair cost, including sales tax, or the maximum amount listed below, whichever is less:

.6121 Cook stove, refrigerator, and/or space heater - $405, combined total,

.6122 Bed, including mattress - $143

.6123 Other essential furniture, equipment or supplies - $50 total.

.62 Replacement of clothing lost, damaged, or destroyed through catastrophe.

.621 The allowance shall not exceed a reasonable amount for which needed items can be purchased, or a total amount of $113 per recipient, whichever is less.

.63 Required housing repairs necessary to provide safe and healthful recipient-owned housing and/or essential appliances. ($300 maximum allowance.)

.631 These remedies shall include, but shall not be limited to:

.6311 Repairs to the physical structure of the home.

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STATE SUPPLEMENTAL PROGRAM 46-425 (Cont.) AID RECOVERIES AND SPECIAL CIRCUMSTANCES Regulations

46-425 SPECIAL CIRCUMSTANCES (Continued) 46-425

.6312 Removal of a tree which endangers the home.

.6313 Repair of cesspool or sewer.

.6314 Fumigation for pests.

.6315 Repairs to the following recipient-owned essential appliances: stove, heater, water heater, refrigerator. Other appliances (such as air conditioners) may be repaired only if they are essential to safe and healthful housing for the recipient.

.632 Payment shall not be allowed for items or services which are necessary on a recurring basis solely to maintain the property, unless the health or safety of the recipient is threatened and the recipient could not have reasonably prevented the need for the remedy.

.633 Payment of the required housing repair allowance shall be permitted when the total cost of necessary repairs exceeds $10. The allowance shall not exceed a reasonable amount for which adequate repairs can be made. Appliances shall be replaced, restored or repaired. In nonemergency situations, the recipient shall, upon county request, provide information to determine whether replacement, restoration or repair is most feasible before the county authorizes the expense to be incurred. The total allowance for repairs in any 12-month period shall not exceed $300 per dwelling except as specified in Section 46-425.64. The period begins on the date of application for the current request and covers applications made during the immediately preceding 12-month period.

.634 The cost of the repairs shall be prorated among the owners of the property or appliance. When ownership is shared with a nonrecipient, the recipient's or recipients' prorated portion of the cost up to the $300 limit shall be allowed.

.635 SSP recipients who hold a life estate to the house in which they live are eligible for the required housing repair allowance.

.64 Supplemental housing repairs which are necessary for safe and healthful housing, but which exceed $300 total cost.

.641 When the cost of required housing repairs exceeds the $300 standard allowed in Section 46-425.63, an additional payment not to exceed the total cost of the repairs, shall be allowed when all the conditions set forth in Section 46-425.644 are met.

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STATE SUPPLEMENTAL PROGRAM Regulations AID RECOVERIES AND SPECIAL CIRCUMSTANCES 46-425 (Cont.)

46-425 SPECIAL CIRCUMSTANCES (Continued) 46-425

.642 The number of payments for supplemental housing repairs shall not be limited provided that the cumulative payment per dwelling does not ever exceed $450.

.643 Persons who received a payment under the Unmet Shelter Needs Program (January 1974 through June 1977) shall be eligible for the difference between that payment and the $450 supplemental housing repair allowance.

.644 Prior to making any expenditures of the supplemental housing repair allowance, in nonemergency situations, the home shall be evaluated and the following determinations made by the county:

.6441 The housing or essential appliance is so defective that continued occupancy or use is not safe or is not healthful.

.6442 The housing or essential appliance is worth repairing.

.6443 It appears probable the recipient will be able to continue living in the home following its repair.

.6444 Total cost to the recipient for adequate alternative housing over a two-year period would exceed the following combined costs:

(a) The cost of repairs needed to make the home habitable and,

(b) Other probable costs of continued occupancy of such home during a two-year period, i.e., encumbrance payments, taxes, assessments, minor upkeep and insurance.

.645 The cost of repairs shall be prorated among the owners of the property or essential appliance. When ownership is shared with a nonrecipient, the recipient's or recipients' prorated portion of the cost, up to the maximum, is allowed.

.65 Required moving expenses, including the cost of packing, storage, and moving, necessary because of eviction or because current housing is unsafe or unhealthful as determined by the CWD.

.651 The amount allowed shall not exceed $200 for a recipient or $300 for two or more recipients. The amount shall never exceed the cost of the services. In nonemergency situations, the recipient shall, upon county request, provide cost estimates to the county prior to authorization of the moving allowance.

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STATE SUPPLEMENTAL PROGRAM 46-425 (Cont.) AID RECOVERIES AND SPECIAL CIRCUMSTANCES Regulations

46-425 SPECIAL CIRCUMSTANCES (Continued) 46-425

.652 Payment for moving expenses shall be limited to one time only for each recipient unless it is determined by the CWD that the applicant did not cause the need for another move.

.653 No payment shall be made when provisions for moving can be made at no cost to the recipient.

.654 When the SSP recipient is moving with a nonrecipient(s), payment shall be made for only the SSP recipient's share of the total cost of the move. Proration of costs shall not apply to nonrecipient minors in the home.

.66 Supplemental moving expenses, including the required costs of securing suitable housing as designated below, necessary because of eviction or because current housing in unsafe or unhealthful as determined by the CWD.

The supplemental moving expense payment is separate from any moving expenses granted under Section 46-425.65. When the SSP recipient is moving with a nonrecipient(s), payment shall be made for only the SSP recipient's share of the total cost of the move. Proration of costs shall not apply to nonrecipient minors in the home.

.661 Payment for securing housing shall be limited to one time only for each recipient unless it is determined by the CWD that the applicant(s) did not cause the need for another move.

.662 If the recipient(s) is renting housing, payment up to a maximum of $300 per move under this section shall be limited to:

.6621 Required deposits for gas, water, sewage, electricity including hood-up fees, and installation charges for a telephone.

.6622 First and last months' rent when required by the landlord to secure the rental housing. If the recipient(s) has not paid rent out of the current month's check, he/she/they will be required to pay one month's rent, with the balance needed to secure the housing then met through the supplemental moving expense payment.

.6623 Cleaning fees and/or security deposits.

.663 If the recipient(s) is purchasing a home, the combined payments for purchase of a home and the moving allowance under Section 46-425.65 shall not exceed $750. The cost of home purchase shall be prorated among all purchasers of the home in accordance with Section 46-425.654.

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STATE SUPPLEMENTAL PROGRAM Regulations AID RECOVERIES AND SPECIAL CIRCUMSTANCES 46-425 (Cont.)

46-425 SPECIAL CIRCUMSTANCES (Continued) 46-425

A payment covering costs listed in Section 46-425.6631 - .6634 may be allowed if:

(a) The property is a suitable home for the recipient.

(b) Approval can be obtained for an FHA, Veterans Administration, or other governmental or conventional loan.

(c) The usual safeguards are observed prior to transfer, i.e., building inspection, property search, termite inspection, etc.

(d) The total monthly amount for payments on the principal interest, taxes, and other liens on the property, insurance and minor maintenance, is not substantially in excess of the cost of rental or leased housing that would be available for the recipient.

(e) The recipient(s) can qualify as a transferee for the encumbrance on the property or approval of a renegotiated loan as set forth in (b) above.

Payment may be allowed for:

.6631 Down payment

.6632 Closing costs

.6633 Real estate fees; and,

.6634 Other costs entailed in real property or mobile home purchase, including required deposits for gas, water, sewage, electricity including hook-up fees, and installation charges for a telephone.

.67 Housing modifications expense, when modification of a recipient occupied home is necessary to provide safe and healthful housing.

.671 Payment up to a maximum of $750 per recipient, not to exceed $750 per home, shall be allowed to meet the need. The $750 maximum is cumulative and may be expended in one or more payments. Such a determination shall be based on nonrecurring conditions peculiar to the individual's situation.

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STATE SUPPLEMENTAL PROGRAM 46-425 (Cont.) AID RECOVERIES AND SPECIAL CIRCUMSTANCES Regulations

46-425 SPECIAL CIRCUMSTANCES (Continued) 46-425

(a) If two or more recipients live together, the amount allowable shall be limited to a cumulative maximum of $750 for the common home.

(b) Should one recipient move from the common home to a new dwelling, he/she shall be eligible for a renewed $750 maximum allowance for that dwelling. The individual remaining in the home which was previously held in common shall be eligible for an individual $750 allowance, less his/her share of any modification allowance previously expended on that dwelling. If the individual remaining in the home did not benefit from modification allowances previously expended on the dwelling, the cost of such modifications shall not be applied to that individual. He/she shall be eligible for the full $750 per recipient allowance as necessary to accommodate his/her physical infirmities or other health and safety needs in that dwelling.

(c) Should the recipients both move from the common home into separate homes, each person shall be eligible for a renewed $750 maximum allowance for each new dwelling.

.672 Examples of housing modifications include, but are not limited to, a ramp or other needed fixtures for a disabled person. Modifications also include changes that are required to comply with local building, health or safety codes and which are necessary for safe or healthful housing, such as installation of mobile home skirting and required sewer hook-ups for residences.

.673 Modification may be made when housing occupied by a recipient is owned by another person if the recipient has obtained the written permission of the owner to complete the modifications.

.674 Proration may be required for a home modification. If two or more recipients live together, each recipient benefited by a modification shall commit an equal share of his/her allowance to meet the cost; if one recipient is the sole beneficiary of the modification, that person shall bear the cost.

.68 Payment to Prevent Foreclosure.

.681 Payment of up to $750 shall be allowed to prevent foreclosure as a result of delinquent mortgage payments, deeds of trust, or liens resulting from delinquent taxes, bonds, assessment, etc., on a home owned by a recipient or recipients.

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STATE SUPPLEMENTAL PROGRAM Regulations AID RECOVERIES AND SPECIAL CIRCUMSTANCES 46-430 (Cont.)

46-425 SPECIAL CIRCUMSTANCES (Continued) 46-425

.682 This allowance shall be limited to one time only per recipient, regardless of whether the maximum is used.

.683 The allowance shall be prorated among the owners of the property. If the property is owned by more than one person and the other owner(s) do not contribute his/her share of the amount required to prevent foreclosure, the allowance shall not be granted to the SSP recipient(s). When the recipient is the sole owner of the property, and the maximum allowance is not sufficient when added to contributions from other sources to prevent foreclosure, the allowance shall not be granted.

46-430 SPECIAL NEEDS - FOOD, CARE, AND MAINTENANCE 46-430 FOR ASSISTANCE DOGS

.1 Definitions.

For the purpose of the Assistance Dog Special Allowance Program, the following definitions shall apply wherever the terms are used throughout Section 46-430.

(a) (1) "Assistance Dog" means a guide dog, signal dog, or service dog.

(b) (1) "Blind Recipient" means any individual who is considered blind as defined in Section 1614(a) of Title XVI of the Social Security Act.

(c) (1) “Cash Assistance Program Immigrants” (CAPI) means that program provided for under Division 9, Part 6, Chapter 10.3 of the Welfare and Institutions Code (commencing with Section 18937).

(d) (1) "Disabled Recipient" means any individual who is considered disabled as defined in Section 1614(a) of Title XVI of the Social Security Act or Title II Social Security Act (42 U.S.C. Section 401, et seq.).

(e) (1) "Eligible Recipient" means any blind or disabled individual who is a recipient of SSI, SSP, CAPI, SSDI, or IHSS, or any combination, and who uses the services of an assistance dog.

(f) (Reserved)

(g) (1) "Guide Dog" means a dog that has been specifically trained, and certified by a licensed guide dog trainer under the provisions of Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code for use by a blind person to assist with his/her sight needs.

(h) (Reserved)

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STATE SUPPLEMENTAL PROGRAM 46-430 (Cont.) AID RECOVERIES AND SPECIAL CIRCUMSTANCES Regulations

46-430 SPECIAL NEEDS - FOOD, CARE, AND MAINTENANCE 46-430 FOR ASSISTANCE DOGS (Continued)

(i) (1) “In Home Supportive Services” (IHSS) means that program provided for under Division 9, Chapter 3, Article 7 of the Welfare and Institutions Code (commencing with Section 12300) and further defined in MPP Section 30-700.1).

(2) "Income" means income as defined in the Code of Federal Regulations, Title 20, Volume 2, Part 416, Subpart K.

(j) (Reserved)

(k) (Reserved)

(l) (Reserved)

(m) (Reserved)

(n) (Reserved)

(o) (Reserved)

(p) (Reserved)

(q) (Reserved)

(r) (1) " Resources" means resources as defined in the Code of Federal Regulations, Title 20, Volume 2, Part 416, Subpart L.

(s) (1) "CDSS" means the California Department of Social Services.

(2) "Service Dog" means a dog that has been trained to meet a physically disabled person's requirements including, but not limited to, minimal protection work, rescue work, pulling a wheel chair, or fetching dropped items.

(3) "Signal Dog" means a dog that has been trained to alert a deaf person or a person whose hearing is impaired, to intruders or sounds.

(4) "Special Needs Allowance" means an allowance provided by the Assistance Dog Special Allowance Program to pay for dog food and other costs associated with an assistance dog's care and maintenance.

(5) "Social Security Disability Insurance” (SSDI) means that program provided for under Title II of the federal Social Security Act (42 U.S.C. Section 401, et seq.)

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STATE SUPPLEMENTAL PROGRAM Regulations AID RECOVERIES AND SPECIAL CIRCUMSTANCES 46-430 (Cont.)

46-430 SPECIAL NEEDS - FOOD, CARE AND MAINTENANCE 46-430 FOR ASSISTANCE DOGS (Continued)

(6) "Supplemental Security Income” (SSI) means the program provided for under Title XVI of the federal Social Security Act (42 U.S.C. Section 1381, et seq.).

(7) "State Supplementary Program” (SSP) means that program provided for under Division 9, Part 3, Chapter 3 of the Welfare and Institutions Code (commencing with Section 12000).

(t) (1) "Termination" means the removal of a current recipient from ADSA Program.

(u) (Reserved)

(v) (Reserved)

(w) (Reserved)

(x) (Reserved)

(y) (Reserved)

(z) (Reserved)

.2 Eligibility

To be eligible for ADSA benefits, a person must complete the application process and meet all the following conditions:

.21 Reside in the State of California.

.22 Be disabled as defined in Section 46-430.1(b)(1) or 46-430.1(d)(1).

.23 Be using the services of an assistance dog as defined in Section 46-430.1(a)(1).

.24 Be receiving aid or services from one or more of the following programs: SSI, SSP, CAPI, SSDI, or IHSS.

.241 Recipients of SSDI must have income and resources equal to or less than the federal poverty level, as defined in MPP Sections 46-430.1(i)(2) and 46-430.1(r)(1).

.25 Comply with all CDSS application and reporting requirements.

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STATE SUPPLEMENTAL PROGRAM 46-430 (Cont.) AID RECOVERIES AND SPECIAL CIRCUMSTANCES Regulations

46-430 SPECIAL NEEDS - FOOD, CARE AND MAINTENANCE 46-430 FOR ASSISTANCE DOGS (Continued)

.3 Application

Upon request the Department shall provide an eligibility application.

.31 For recipients of SSI, SSP, CAPI, or IHSS, application shall be made on Form ADSA 1 (Rev. 6/01) to the California Department of Social Services, Assistance Dog Special Allowance Program. The application shall be signed under penalty of perjury.

.32 For recipients of SSDI, application shall be made on Form ADSA 1B (Rev. 6/01) to the California Department of Social Services, Assistance Dog Special Allowance Program. The application shall be signed under penalty of perjury.

.33 Applicants who claim eligibility based on their SSDI status shall provide CDSS with a proof of income statement from the Social Security Administration.

.34 Applicants shall provide any and all information and documentation requested by CDSS in order to verify compliance with Welfare and Institutions Code Sections 12553 and/or 12554.

.35 The Department will approve or deny every application and notify the applicant of the action no more than 30 days after the date the application is received.

.4 Payments

Eligibility begins the first day of the month in which the application is received. If determined eligible, payments shall be made retroactively to the month in which the applicant was first made eligible.

.41 The monthly allowance shall be $50.

.42 (Reserved)

.5 Redeterminations

Eligibility for this allowance shall be redetermined as follows:

.51 Eligibility for this allowance shall be redetermined at least once every twelve months.

.52 Each recipient shall complete and return the ADSA Renewal Application Form ADSA 1A (Rev. 4/01) to CDSS by the due date shown on the form.

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STATE SUPPLEMENTAL PROGRAM Regulations AID RECOVERIES AND SPECIAL CIRCUMSTANCES 46-430

46-430 SPECIAL NEED - FOOD, CARE AND MAINTENANCE 46-430 FOR ASSISTANCE DOGS (Continued)

.53 Each recipient shall promptly notify CDSS if he/she:

.531 Ceases to be a recipient of benefits under SSI, SSP, CAPI, SSDI or IHSS.

.532 Ceases using the services of an assistance dog.

.533 Has change in any information provided on the application forms provided to CDSS.

.6 Termination

Recipients , who fail to meet the eligibility requirements as defined in Section 46-430.2, will be terminated from the ADSA Program.

.61 Terminations shall be effective the last day of the month in which it is determined the recipient no longer meets the eligibility requirements for the program.

.62 Notice of Action Denial and Right to Request a State Hearing forms shall be forwarded to the recipient being terminated, along with a new ADSA Application and postage free return envelope.

HANDBOOK BEGINS HERE

.7 County Responsibility

The county welfare department will assist the recipient in completing his/her application for the special allowance when necessary to do so.

HANDBOOK ENDS HERE

NOTE: Authority cited: Sections 10553, 10554, 12500, 12553 and 18943, Welfare and Institutions Code. Reference: Sections 10553, 10554, 12500, 12553 and 12554, Welfare and Institutions Code; Section 1614(a)(2), Title XVI of the Social Security Act; Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code; 42 U.S.C. Section 401, et seq.; and Section 54.1, Civil Code; Division 9, Part 6, Chapter 10.3 of the Welfare and Institutions Code (commencing with Section 18937).

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ELIGIBILITY AND ASSISTANCE STANDARDS Regulations CALWORKS CHILD CARE

TABLE OF CONTENTS

DIVISION 47 CALWORKS CHILD CARE Chapter

The Stage One Child Care Program .................................................................................................. 47-100

Stage One Child Care Eligibility ...................................................................................................... 47-200

Responsibilities of the County .......................................................................................................... 47-300

Payment for Child Care Services ...................................................................................................... 47-400

Trustline Registry and Health and Safety Requirements .................................................................. 47-600

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE PROGRAM

TABLE OF CONTENTS

CHAPTER 47-100 THE STAGE ONE CHILD CARE PROGRAM Section

Introduction to the Stage One Child Care Program .......................................................................... 47-101

Introduction ............................................................................................................................. .1 Intent of the Child Care Program ............................................................................................ .2 The Goal of the Child Care Program ...................................................................................... .3 Administration of Stages ......................................................................................................... .4 Child Care Partnerships ........................................................................................................... .5 Stage One Child Care .............................................................................................................. .6 Stage Two Child Care ............................................................................................................. .7 Stage Three Child Care ........................................................................................................... .8 Extent of These Regulations ................................................................................................... .9

Definitions......................................................................................................................................... 47-110

Child Care Request Process ................................................................................................................. 47-120

Child Care Request Method .................................................................................................... .1 Required Information .............................................................................................................. .2 Approval Process .................................................................................................................... .3

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE PROGRAM 47-101 (Cont.)

CHAPTER 47-100 THE STAGE ONE CHILD CARE PROGRAM

47-101 INTRODUCTION TO THE STAGE ONE CHILD CARE PROGRAM 47-101

HANDBOOK BEGINS HERE

.1 Introduction

The Thompson-Maddy-Ducheny-Ashburn Welfare- to-Work Act of 1997 (Assembly Bill (AB) 1542, Chapter 270, Statutes of 1997) established the California Work Opportunity and Responsibility to Kids (CalWORKs) Program. CalWORKs replaced the Aid to Families with Dependent Children (AFDC) Program and the Greater Avenues for Independence (GAIN) Program. CalWORKs also replaced a number of separate welfare-related child care programs. These include: GAIN child care, Non-GAIN Education and Training (NET) child care, Cal-Learn Child Care, Supplemental Child Care (SCC), Transitional Child Care (TCC), the California Alternative Assistance Program (CAAP), the At-Risk Child Care Program, and the child care earned income disregard programs.

.2 Intent of the Child Care Program

It is the intent of the Legislature that CalWORKs recipients, and former recipients are connected as soon as possible to local child care resources, make stable child care arrangements, and continue to receive subsidized child care services after they no longer receive aid as long as they require those services and meet the specified eligibility requirements.

In order to move welfare recipients and former recipients from their relationship with county welfare departments to relationships with institutions providing services to working families, it is the intent of the Legislature that families that are former recipients of aid, or are transitioning off aid, receive their child care assistance in the same fashion as other low-income working families.

HANDBOOK CONTINUES

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CALWORKS CHILD CARE 47-101 (Cont.) STAGE ONE CHILD CARE PROGRAM Regulations

47-101 INTRODUCTION TO THE STAGE ONE CHILD CARE PROGRAM 47-101

HANDBOOK CONTINUES

Therefore, it is the intent of the Legislature that families no longer rely on county welfare departments to obtain child care subsidies beyond the time they are receiving other services from the welfare department. The Legislature intends that counties quickly move recipients out of the first stage of child care after the county determines stability.

In addition, the Legislature intends in enacting this article to provide sufficient funding through an appropriation in the annual Budget Act to fund the estimated cost of providing child care for all individuals who are anticipated to need child care to participate in the welfare-to-work programs and to transition to work.

It is further the intent of the Legislature to ensure that the implementation of Public Law 104-193 does not result in unanticipated outcomes that negatively affect child well-being.

.3 The Goal of the Child Care Program The goal of the Child Care Program is to provide child care through a seamless system by standardizing child care program requirements under a single three-stage system.

.4 Administration of Stages

Stage One child care is administered by the counties and supervised by the Department of Social Services. Stages Two and Three are administered by Alternative Payment Programs (APP) contracting with the California Department of Education (CDE). California Community Colleges also provide child care services to CalWORKs participants.

HANDBOOK CONTINUES

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE PROGRAM 47-101

47-101 INTRODUCTION TO THE STAGE ONE CHILD CARE PROGRAM 47-101 (Continued)

HANDBOOK CONTINUES

.5 Child Care Partnerships

It is the intent of the Legislature that families experience no break in their child care services due to a transition between the three stages of child care. To assure this, the California Department of Social Services (CDSS), CDE and the Chancellor's Office of the California Community Colleges (COCCC) work in collaboration to develop state policy and strategies that will aid in streamlining the program. At the local level, the counties, the Resource and Referral (R&R) Program, the Alternative Payment Program (APP), and the Local Planning Council (LPC) work together to assure that local policies and procedures provide for a smooth transition between the three stages of child care.

.6 Stage One Child Care

Stage One begins upon the entry of a person into the CalWORKs assistance program. A family may receive a child care subsidy for any legal child care chosen by the client.

.7 Stage Two Child Care

Stage Two may begin when child care is available through a local Stage Two program and: the county determines stability; or when a recipient is transitioning off of aid.

.8 Stage Three Child Care

Stage Three begins when a funded space is available for a CalWORKs child care client, a Diversion client, or an employed former CalWORKs client.

.9 Extent of Division 47

Division 47 covers only Stage One child care and transition from Stage One.

HANDBOOK ENDS HERE

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: 42 U.S.C. 9858 et seq.; 42 U.S.C. 9858c(c)(2)(H); AB 1542, Chapter 270, Statutes of 1997; Budget Act: AB 107, Chapter 282, Statutes of 1997, Item 6110-196-0001, Provisions 13 and 14, and Item 6870-101-001, Provision 16(c); Sections 8350 thru 8359.1, and 79202, Education Code; and Section 11323.8, Welfare and Institutions Code.

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CALWORKS CHILD CARE 47-110 STAGE ONE CHILD CARE PROGRAM Regulations

47-110 DEFINITIONS

47-110

(a) (1) Alternative Payment Program

"Alternative Payment Program (APP)" means an agency that contracts with the California Department of Education, in addition to other activities, to make payments to another agency or child care provider for the provision of child care and development services.

(2) Assistance Unit

"Assistance Unit" means a group of related persons living in the same home who have been determined eligible for CalWORKs cash assistance. [See Section 80-301(a)(9)]

(b) (Reserved)

"Child Care" means care and supervision of a child as specified in the California Code of Regulations, Title 22, Division 12, Section 101152c.(2).

(2) Co-payment

"Co-payment" means the amount the client is responsible to pay, if she or he chooses a child care provider who charges a fee higher than the maximum payment rate specified in Section 47- 401.1. The co-payment is distinct from the family fee, as defined in Section 47-110(f)(1).

(3) Child Care Provider

"Child care provider" means a person or organization that provides child care services.

(4) Client

"Client" means an applicant for or recipient of CalWORKs cash assistance, a former CalWORKs client, a recipient of diversion payments or services, and/or a Cal-Learn teen, who receives or is eligible to receive child care through the CalWORKs child care program.

(5) Commute Hours

"Commute hours" means the time it takes for the client to travel from the child care provider to the activity or activities for which child care is being provided and from there back to the child care provider.

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE PROGRAM 47-110 (Cont.)

47-110 DEFINITIONS (Continued)

47-110

(d) (Reserved)

(e) (1) Eligibility List

"Eligibility List" means a waiting list for admission to state and federally subsidized child development services administered by the California Department of Education.

(2) Exempt from Licensing

"Exempt from licensing" or "license-exempt" or License-Exempt

means that a child care provider is not required to obtain a child care license, as specified in the California Code of Regulations, Title 22, Division 12, Sections 101158 and 102358.

(f) (1) Family Fee

"Family fee" means the amount, if any, that the client shall be required to pay towards his or her child care costs, based on the fee schedule established by the State. The family fee is distinct from the co-payment, as defined in Section 47- 110(c)(2).

(2) First County

“First County” means the county from which the client will move or has moved.

(3) Former CalWORKs Client

"Former CalWORKs client" means an individual who received cash aid under CalWORKs in the prior 24 months and needs child care to continue his or her employment or fulfill his or her county-approved program activity.

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CALWORKS CHILD CARE 47-110 (Cont.) STAGE ONE CHILD CARE PROGRAM Regulations

47-110 DEFINITIONS (Continued)

47-110

(g) (Reserved)

(h) (Reserved)

(i) (1) Intercounty Transfer

“Intercounty Transfer” means the transfer of responsibility for determination and payment of Stage One child care services from one county to another.

(j) (Reserved)

(k) (Reserved)

(l) (1) Licensed Provider

"Licensed Provider" means an individual or organization that has obtained a child care license, as specified in the California Code of Regulations, Title 22, Division 12.

(m) (Reserved)

(n) (Reserved)

(o) (1) Overpayment

"Overpayment" means payments for child care services in excess of the amount which either the client or the child care provider is eligible to receive.

(p) (1) Probation

"Probation" means the period of time that a licensed child care provider is required to comply with specific terms and conditions set forth by the California Department of Social Services (CDSS) in order to stay or postpone the revocation of the provider's license.

(q) (Reserved)

(r) (1) Registration Fee

"Registration Fee" means a one-time or periodic service or application fee charged by a child care provider.

(2) Resource and Referral Program "Resource and Referral Program (R & R)" means a program that provides information and referrals for child care, information and referrals for community services, and coordination of community resources.

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE PROGRAM 47-120 (Cont.)

47-110 DEFINITIONS (Continued)

47-110

(3) Revocation

"Revocation" means an administrative action taken by the CDSS to void or rescind the license of a child care provider due to serious or chronic violations by the provider.

(s) (1) Second County

“Second County” means the county to which the client will move or has moved to make his/her home.

(t) (1) Temporary Suspension Order

"Temporary Suspension Order" means an

(TSO)

administrative action taken by the CDSS that immediately suspends a child care provider's license for a limited period of time.

(u) (1) Underpayment

"Underpayment" means payments for child care services that are less than the amount which either the client or the child care provider is eligible to receive.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: 42 U.S.C. 9858 et seq.; 42 U.S.C. 9801 Note (b)(4); 42 U.S.C. 9858c(c)(2)(H); 42 U.S.C. 9858c(c)(2)(A) and (c)(5); 42 U.S.C 9858e; 42 U.S.C. 9858n; 45 CFR 98.15(a)(3); 45 CFR 98.20(b)(3); 45 CFR 98.30; 45 CFR 98.42; Sections 8208, 8208.1, 8212, 8263, 8264, 8354 and 8357, Education Code; Sections 1569.773, 1596.792, and 1596.886, Health and Safety Code; Sections 11320.3, 11323.2, 11323.4, and 11324, Welfare and Institutions Code; Budget Act: AB 107, Chapter 282, Statutes of 1997, Item 6110- 196-0001, Provision 9, and Item 6870-101-001, Provision 16(c).

47-120 CHILD CARE REQUEST PROCESS 47-120

.1 Child Care Request Method

The client may request Stage One child care from a CalWORKs worker either verbally or in writing upon entry into the CalWORKs assistance program or at any subsequent time.

.11 Verbal Request

When a Client makes a verbal request for child care, the county shall document the request, provide a copy of the documentation to the person responsible for processing child care requests who retains a copy in the child care case file, and provide or mail a written confirmation to the client.

.111 Date of Request

The date of the request is the date the county receives the client's verbal request.

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CALWORKS CHILD CARE 47-120 (Cont.) STAGE ONE CHILD CARE PROGRAM Regulations

47-120 CHILD CARE REQUEST PROCESS (Continued) 47-120

.12 Written Request

A written request may include, but is not limited to, the county's child care request form, a notation on the informing notice, the eligibility/status report, or a letter from a client.

.121 Client Responsibility

The client shall deliver or mail the written request to the county.

.122 County Responsibility Upon the receipt of a written request, the county shall date stamp the request, retain a copy in the case file, provide a copy to the person responsible for processing child care requests who retains a copy in the child care case file, and provide or mail a written confirmation to the client.

.123 Date of Request

The date of request shall be determined as follows:

(a)

If the client hand delivers the written request, the date of the request shall be the date stamped by the county.

(b)

If the client mails the request, the date of the request shall be the date postmarked on the envelope. The county shall retain a copy of the envelope in the case file. If the request date cannot be determined by the postmark, the date of the request shall be three days prior to the date stamped by the county.

.2 Required Information

The county shall inform clients that the following information must be received in order to process their child care request:

.21 Client Information

Client information as specified in Section 47-320.2; and

.22 Provider Information

Provider information as specified in Section 47-260.

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MANUAL LETTER NO. EAS-04-03 Effective 2/2/04

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE PROGRAM 47-120

47-120 CHILD CARE REQUEST PROCESS (Continued) 47-120

.23 County Responsibility

The county shall assist the client as needed in obtaining the necessary information to determine eligibility.

.3 Approval Process

.31 Processing Time Frame

The county shall process the child care request and determine the eligibility of the client and child care provider within ten calendar days of receiving the information specified in Section 47-120.2.

.311 Denial of Request

If the county has not received the required information from the client and/or the child care provider within 30 calendar days, the county may deny the child care request.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Section 11323.3, Welfare and Institutions Code.

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE ELIGIBILITY

TABLE OF CONTENTS

CHAPTER 47-200 STAGE ONE CHILD CARE ELIGIBILITY

Section

Eligible Children ............................................................................................................................... 47-201

Eligible Child .......................................................................................................................... .1 Age Requirements ................................................................................................................... .2 Other Age Requirements ......................................................................................................... .3

Eligible Clients.................................................................................................................................. 47-220

Current Recipient of CalWORKs Cash Assistance ................................................................. .1 Stage One Clients .................................................................................................................... .2 Other Stage One Clients .......................................................................................................... .3 Two-Parent Families ............................................................................................................... .4

Eligible Former CalWORKs Clients ................................................................................................. 47-230

Child Care Services for Former CalWORKs Clients .............................................................. .1 Income Eligibility.................................................................................................................... .2

Calculation of Family Fee for Stage One Clients ............................................................................. 47-240

Calculation of Family Fee for Stage One Clients.................................................................... .1

Eligible Providers.............................................................................................................................. 47-260

Eligible Child Care Provider Requirements ............................................................................ .1 Trustline-Exempt Child Care Providers .................................................................................. .2 Parental Choice ....................................................................................................................... .3 Eligible Child Care Provider Limitations ................................................................................ .4 License-Exempt Provider Information .................................................................................... .5

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE ELIGIBILITY 47-201 (Cont.)

CHAPTER 47-200 STAGE ONE CHILD CARE ELIGIBILITY

47-201 ELIGIBLE CHILDREN

47-201

.1 Eligible Child

A child that is eligible to receive Stage One child care services shall:

.11 Assistance Unit Members

Be a member of the assistance unit; or would be a member of the assistance unit but for the receipt of foster care benefits or Supplemental Security Income/State Supplemental Program (SSI/SSP) benefits; or be the child of a Cal-Learn Participant; or be a member of a family with a former CalWORKs client who has become employed.

.12 Non-Assistance Unit Members Be a child that is:

.121 Membership

Not in the assistance unit;

.122 Effect on Participation One for whom the lack of child care would result in the client not being able to participate in approved CalWORKs or Cal-Learn activities or employment; and

.123 Responsibility for Child One whom the client is responsible to support.

HANDBOOK BEGINS HERE

.124 Example 1

A single parent requests CalWORKs Stage One child care both for her children and her sister's unaided children who are residing with her while her sister is in jail. The children's father is absent. In this case the sister's children meet the requirement in Section 47-201.123, that is, children whom the client is responsible to support.

.125 Example 2

A single parent requests CalWORKs Stage One child care both for her children and the children of her unaided unmarried boyfriend living in the home. The unmarried boyfriend is employed. He is unable to provide care for his children during his hours of employment. In this case the boyfriend's children do not meet the requirement in Section 47-201.123, that is, children whom the client is responsible to support.

HANDBOOK ENDS HERE

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CALWORKS CHILD CARE 47-201 (Cont.) STAGE ONE CHILD CARE ELIGIBILITY Regulations

47-201 ELIGIBLE CHILDREN (Continued) 47-201

.2 Age Requirements

The child shall not exceed the age specified in Section 42-101 and shall be:

.21 Age Limit

10 years of age or younger; or

.22 Disabled

11 years of age or older and require child care or supervision because she or he is physically or mentally incapable of caring for herself or himself based on a written statement of a physician or licensed or certified psychologist or receipt of SSI/SSP; or

.23 Court Supervision

11 years of age or older and be under court supervision as specified in Welfare and Institutions Code Section 300, 301, 601 or 602.

.3 11 –and 12 – Year Old Children

11 – and 12- year- old children may receive services to the extent funds are available.

.31 Children with Disabilities

The following section on the preferred placement for 11- or 12–year-old children does not apply to 11- or 12 year old children with disabilities per Education Code Section 8263.4.

HANDBOOK BEGINS HERE

.311

This section does not apply to 11- or 12-year-old children with disabilities, including a child with exceptional needs who has an individual education plan as required by the Individual with Disabilities Education Act (20 U.S.C Section 1400), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), or Part 30 Sections 56000 through

56885) of the Education Code.

HANDBOOK ENDS HERE

.32 Preferred Placement

The preferred placement for 11-and 12-year-old children is in a before or after school program as

specified by Education Code Section 8263.4.

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE ELIGIBILITY 47-201 (Cont)

47-201 ELIGIBLE CHILDREN (Continued) 47-201

HANDBOOK BEGINS HERE

.321

Children who are 11 or 12 years of age shall be eligible for subsidized child care services only for the portion of care needed that is not available in a before or after school program.

Families may combine care provided in a before or after school program with subsidized child care in another setting, for those hours within a day when the before or after school program does not operate, in order to meet the child care needs of the family.

.322

Children who are 11 or 12 years of age, who are eligible for and who are receiving subsidized child care services, and for whom a before or after school program is not available, shall continue to receive subsidized child care services.

HANDBOOK ENDS HERE

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CALWORKS CHILD CARE 47-201 (Cont.) STAGE ONE CHILD CARE ELIGIBILITY Regulations

47-201 ELIGIBLE CHILDREN (Continued) 47-201

.32 Priority to Return

The priority for 11-and 12-year-old children to return to subsidized child care is specified by Education Code Section 8263.4 as follows:

HANDBOOK BEGINS HERE

.321

Families that move their 11-or 12-year-old child from subsidized care to a before or after school program have priority to return to subsidized child care if the child is disenrolled from the before or after school program or the program no longer meets the child care needs of the family.

HANDBOOK ENDS HERE

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: 42 U.S.C. 609(a)(3); 45 CFR 98.20(a)(1)(ii); Sections 10540.5, 10544, 11320.3, and 11323.2, Welfare and Institutions Code; and Section 8263.4, Education Code.

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE ELIGIBILITY 47-220 (Cont.)

47-220 ELIGIBLE CLIENTS

47-220

.1 Current Recipient of CalWORKs

Current CalWORKs recipients are eligible to Cash Assistance

receive CalWORKs child care because the participant receives CalWORKs cash assistance.

.2 Stage One Clients

Child care shall be paid for every client when the following conditions are met:

.21 Required Activities

A client is participating in the following activities:

.211 Working

Working, and/or;

.212 Welfare-to-Work

Participating in a county-approved welfare-to-work Activity

activity; or

.213 Other Approved

Participating in another activity approved by the Activity

county including, but not limited to, job search and assessment or participating as a volunteer.

.22 Availability of Care

There is no parent, legal guardian, or adult member of the assistance unit living in the home who is able and available to provide care.

.3 Other Stage One Clients

Stage One child care shall also be paid for the following individuals:

.31

Reserved

.32 Clients During Penalty/Sanction Stage One clients who are being penalized or Months

sanctioned, as long as they are working or participating in county-approved activities.

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CALWORKS CHILD CARE 47-220 (Cont.) STAGE ONE CHILD CARE ELIGIBILITY Regulations

47-220 ELIGIBLE CLIENTS (Continued)

47-220

HANDBOOK BEGINS HERE

.33 Former CalWORKs Clients

Former CalWORKs clients who have become Who Have Become Employed employed are eligible for child care services in Stage Three.

.331 Child Care Services for If child care is not available in Stage Three, former Former CalWORKs Clients CalWORKs clients receive child care services in in Stage Two

Stage Two.

HANDBOOK ENDS HERE

.332 Child Care Services for Former CalWORKs clients shall receive child care Former CalWORKs Clients services in Stage One when child care services are in Stage One

not available in Stage Two or Three child care.

HANDBOOK BEGINS HERE

.34 Clients Receiving Lump-Sum

Clients receiving Lump-Sum Diversion Payments Diversion Payments or

or Services, as specified in Section 81-215, are Services in Stage Three

eligible for child care services in Stage Three. If Stage Three child care or other subsidized child care is not available, diversion clients may be served in Stage Two child care.

.341 Lump-Sum Diversion

The lump-sum diversion payment may include Payment that Includes funds to cover child care services during the period Child Care

of diversion as specified in Section 81-215.

HANDBOOK ENDS HERE

.4 Two-Parent Families

Two-parent families, even if they do not meet the 55 hours of participation per week in CalWORKs activities shall receive child care services, if otherwise eligible.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: 42 U.S.C. 601 et seq., 42 U.S.C. 607(c)(1)(B)(ii); 42 U.S.C. 609(a)(3); 42 U.S.C. 9858i(a)(2)(A); 42 U.S.C. 9801 Note (b)(4); Sections 8263, 8350.5, 8351(c), 8353, 8354 and 8357, Education Code; Sections 10540, 10544, 11265.2, 11266.5, 11320.3, 11322.8, 11323.2 and 11323.8, Welfare and Institutions Code.

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE ELIGIBILITY 47-230 (Cont.)

47-230 ELIGIBLE FORMER CALWORKS CLIENTS 47-230

.1 Child Care Services for Former

Former CalWORKs clients shall receive Stage One CalWORKs Clients

child care if:

.11 Availability of Child Care

Child care services are not available in Stages Two or Three, and

.12 Eligibility

The client meets the requirements of Sections 47- 220.2 through 47-220.213, and

.13 Income and Family Size

The family meets the requirements of Education Code Sections 8263 and 8263.1, and

.14 Time Limits

Not more than 24 months have elapsed since the client left cash aid.

.141 Application of Time Limit The 24-month limit applies to each instance of leaving cash aid.

.142 Applicability to Stage One Child care services in Stage One and Stage Two and Stage Two

combined shall not exceed 24 months after leaving cash aid.

.143 Applicability to Other The 24-month limit shall apply unless the client Eligibility Requirements becomes otherwise ineligible within the 24-month period.

.144 Applicability to

This 24-month limit shall not limit eligibility for Stage Three

child care services in Stage Three.

.2 Income Eligibility

Former CalWORKs clients shall be eligible for Stage One child care services if monthly income, adjusted for family size, does not exceed 70 percent of the State Median Income, as specified in Education Code Section 8263.1(a).

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CALWORKS CHILD CARE 47-230 (Cont.) STAGE ONE CHILD CARE ELIGIBILITY Regulations

47-230 ELIGIBLE FORMER CALWORKS CLIENTS (Continued) 47-230

HANDBOOK BEGINS HERE

.21 Income Eligibility

To assist with eligibility determination as required by Sections 47-230.13 and 47-230.2 above, those definitions used by the Department of Education cited above are included in this handbook section for the convenience of the user. Education Code Section 8263.1(a) provides that: For purposes of this chapter, "'income eligible' means that a family's adjusted monthly income is at or below 70 percent of the state median income, adjusted for family size, and adjusted annually." The statute also provides that the income of recipients of Federal Supplemental Security Income and State Supplemental Program (SSI/SSP) benefits shall not be included as income.

.211 Eligible Family Income Department of Education regulations define family income for the child care programs in California Code of Regulations, Title 5, Sections 18078(a), (g), and (l), as follows:

HANDBOOK CONTINUES

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE ELIGIBILITY 47-230 (Cont.)

47-230 ELIGIBLE FORMER CALWORKS CLIENTS (Continued) 47-230

HANDBOOK CONTINUES

(a) Adjusted Monthly Section 18078(a) - "'adjusted monthly income' Income

means total countable income minus verified child support payments paid by the parent whose child is receiving child development services. Except for child support payments paid by the parent, monthly income shall not be adjusted because of voluntary or involuntary deductions. When income fluctuations occur, the adjusted monthly income shall be computed by averaging the total adjusted income received during the twelve (12) months immediately preceding the month in which the application for services is signed;"

(b) Income Fluctuation Section 18078(g) - "'income fluctuation' means income which varies because of income such as bonuses, commissions, overtime, lottery winnings or migrant agricultural work or other seasonal employment;" and

income that does not include the following;"

(1) Earnings of "(1) Earnings of a child under age eighteen (18) a Minor years;"

(2) Monies not "(2) Loans, grants, and scholarships obtained under for Living conditions that preclude their use for current living Expenses costs;"

(3) Student "(3) Grants or loans to students for educational Grants and purposes made or insured by a state or federal Loans agency;"

(4) Work "(4) Allowances received for uniforms or other Allowances work required clothing, food and shelter;"

(5) Self-

"(5) Business expenses for self-employed family Employment members." Expenses

HANDBOOK ENDS HERE

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CALWORKS CHILD CARE 47-230 (Cont.) STAGE ONE CHILD CARE ELIGIBILITY Regulations

47-230 ELIGIBLE FORMER CALWORKS CLIENTS (Continued) 47-230

.22 SSI/SSP Income

The income of a recipient of federal Supplemental Security Income and State Supplemental Program (SSI/SSP) benefits shall not be counted as income for the purposes of calculating the amount of the family fee.

HANDBOOK BEGINS HERE

.221 Family Fee

The fee schedule for families using child care and development services is that established by the Superintendent of Public Instruction and published by the California Department of Education (CDE) as required by the Education Code. Section 8273 of the Education Code provides as follows: "The superintendent shall establish a fee schedule for families utilizing child care and development services pursuant to this chapter. The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the Federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the Federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code shall not be included as income for the purposes of determining the amount of the family fee...."

.23 Family Size

For purposes of administering general child care programs, the Department of Education defines family size in California Code of Regulations, Title 5, Sections 18100(a) and (b) as follows:

.231 Related Adults

Section 18100(a) - "Family size shall be determined by the number of adults and children related by blood, marriage, or adoption who comprise the household in which the child is living."

.232 Other Adults in the Home Section 18100(b) - "When an adult living in the household is neither the parent of the child nor the spouse of the parent, the adult and the adult's children, if any, shall be excluded from the calculation of family size."

HANDBOOK ENDS HERE

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE ELIGIBILITY 47-260 (Cont.)

47-230 ELIGIBLE FORMER CALWORKS CLIENTS (Continued) 47-230

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: 42 U.S.C. 9858c(c)(5); 42 U.S.C. 9858n(4)(B); 45 CFR 98.20(a)(2); 45 CFR 98.42; Sections 8351, 8263, and 8263.1, Education Code; Sections 11323.2 and 11450.12, Welfare and Institutions Code; Budget Act: AB 107, Chapter 282, Statutes of 1997, Item 6110-196-0001, Provisions 13 and 14.

47-240 CALCULATION OF FAMILY FEE FOR STAGE ONE CLIENTS 47-240

.1 Calculation of Family Fee

For purposes of calculating the amount of the for Stage One Clients

family fee, family size and income shall be determined pursuant to the requirements of Education Code Section 8273. The requirements for determining family income are summarized in Sections 47-230.21 through 47-230.211(c)(5) above. The requirements for determining family size are summarized in Sections 47-230.22 through 47- 230.232 above.

.2 Calculation of Family Fees

Families receiving CalWORKs cash aid shall not for Stage One Clients

be required to pay a family fee. Receiving CalWORKs Cash Aid

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 8263, 8263.1, and 8447(g), Education Code.

47-260 ELIGIBLE PROVIDERS

47-260

.1 Eligible Child Care Provider

The child care provider shall meet all of the Requirements

following requirements:

.11 18 years or Older

Be 18 years old or older.

.12 Licensing Requirement

Have a child care license or be exempt from child care licensing requirements, as specified in the California Code of Regulations, Title 22, Division 12, Chapter 1.

.13 Health and Safety Requirement Meet or be exempt from health and safety requirements, as specified in Section 47-630, Health and Safety Requirements for License-Exempt Child Care Providers.

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CALWORKS CHILD CARE 47-260 (Cont.) STAGE ONE CHILD CARE ELIGIBILITY Regulations

47-260 ELIGIBLE PROVIDERS

47-260 (Continued)

.14 Trustline Requirement

A license-exempt child care provider shall be a registered Trustline child care provider as defined in Health and Safety Code Section 1596.605(b)(1) or be exempt from Trustline Registry, as specified in Section 47-260.2. A license-exempt provider required to be a registered Trustline child care provider shall not receive a subsidized payment until Trustline registration has occurred.

A license-exempt provider, who has a Trustline application pending February 1, 2008, may continue to receive a subsidized payment for providing child care services until such time as their Trustline application is denied or their Trustline case file is closed.

.2 Trustline-Exempt Child Care Provider The following are exempt from Trustline:

.21

Aunts, uncles, grandparents, of the child(ren) in care by blood, marriage or court decree.

.211 Court Decree

Court decree includes, but is not limited to, adoptions or other court orders impacting family relationships.

.212 Declaration of Relationship Counties shall obtain a self-certification declaration that substantiates the relationship of the exempt provider to the child(ren).

.22 School or Recreation Program A public recreation program as defined in Health

Exempt from Trustline

and Safety Code Section 1596.792 or a public or private school.

.3 Parental Choice

Clients shall have choice in selecting child care providers. Licensed child care and child care exempt from licensure are valid parental choices of care for all clients of the Stage One child care program.

.4 Eligible Child Care Provider

Payment shall not be made for child care services Limitations

when care is provided by parents, legal guardians, or members of the assistance unit.

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CALWORKS CHILD CARE Regulations STAGE ONE CHILD CARE ELIGIBILITY 47-260

47-260 ELIGIBLE PROVIDERS

47-260 (Continued)

.5 License-Exempt Provider Information If the county or a contractor pays for child care services to a license-exempt provider, all of the following information about the license-exempt provider shall be on file with the county or the contractor:

.51 Name, Address, and

The name, address and, if available, a telephone Telephone Number

number of the child care provider.

.52 Where Care is Provided

The address and, if available, a telephone number where child care is to be provided.

.53 Hours of Care and Charges

The hours child care is to be provided and the charge for this care.

.54 Social Security Number

Social Security Number. Provision of the social security number is mandatory to enable the county to comply with the federal reporting requirements for an unduplicated count of child care providers under the Child Care and Development Fund. The county shall inform the provider that provision of the social security number is mandatory, and the uses that will be made of this number.

.55 Character Reference

The names, addresses, and telephone numbers of two character references.

.56 Identification

A copy of a valid California driver's license or other identification to establish that the child care provider is at least 18 years old.

.57 Required Statement

A statement from the provider as to her or his health education, experience or other qualification, criminal record, and names and ages of other persons in the home or providing child care.

.58 Relationship

Relationship of the child care provider to each eligible child.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: 42 U.S.C. 9858i(a)(2)(A); 42 U.S.C. 9858c(c)(2)(A)(ii) and (c)(2)(H); 42 U.S.C. 9858n; 45 CFR 98.30; Section 76 of the Privacy Act of 1974 (5 U.S.C. Section 552a Note); Sections 8208.1, 8212, 8216, 8357, and 8358(a), Education Code; Sections 1596.60, 1596.605, 1596.67, 1596.792 and 1596.871, Health and Safety Code; Sections 11320.3 and 11324, Welfare and Institutions Code.

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CALWORKS CHILD CARE Regulations RESPONSIBILITIES OF THE COUNTY

TABLE OF CONTENTS

CHAPTER 47-300 RESPONSIBILITIES OF THE COUNTY Section

Administration of Child Care Services ............................................................................................. 47-301

County Welfare Department Responsibility ........................................................................... .1 Informing Notice Requirement ............................................................................................... .2 Referral for Child Care Services ............................................................................................. .3 Information Sharing ................................................................................................................ .4 Transitioning Clients ............................................................................................................... .5 Placement on Eligibility Lists for Subsidized Child Care ....................................................... .6 Referral Priority for Stages Two and Three ............................................................................ .7 Contracts to Provide Stage One Child Care ............................................................................ .8

Information Collection ...................................................................................................................... 47-320

County Responsibility ............................................................................................................. .1 Client Responsibility ............................................................................................................... .2

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CALWORKS CHILD CARE Regulations RESPONSIBILITIES OF THE COUNTY 47-301 (Cont.)

CHAPTER 47-300 RESPONSIBILITIES OF THE COUNTY

47-301 ADMINISTRATION OF CHILD CARE SERVICES 47-301

.1 County Welfare Department

Counties shall inform clients of the availability of

Responsibility

child care subsidies. Counties shall ensure that clients have access to child care subsidies whenever the need for child care occurs as a result of employment or participation in any county-approved activities.

.2 Informing Notice Requirement

The county shall provide the client with an informing notice that informs the individual of the availability of Stage One child care.

HANDBOOK BEGINS HERE

.21

The county is encouraged to also inform families orally of the availability of child care subsidies.

HANDBOOK ENDS HERE

.22 Informing Notice Content

The informing notice for Stage One child care shall contain the following information:

(a)

A statement that as of February 1, 2008, license- exempt child care providers, except those who are Trustline-exempt as specified in Section 47-260.2, must be registered with Trustline before subsidized payment for child care services can be made. Counties or contracted payment agencies shall not be permitted to begin payments until the license- exempt provider is a registered Trustline child care provider;

(b)

A statement that the client who selects a license- exempt provider who is required to be registered and is granted Trustline registration shall receive retroactive payment for up to the first 120 calendar days from the date child care services were requested and services were provided;

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CALWORKS CHILD CARE 47-301 (Cont.) RESPONSIBILITIES OF THE COUNTY Regulations

47-301 ADMINISTRATION OF CHILD CARE SERVICES (Continued) 47-301

(c)

A statement that the client is required, no later than the first day child care services began, to instruct the license-exempt provider of choice to submit a completed Trustline application, including fingerprints, and a Health and Safety certification within seven calendar days or as soon as possible;

HANDBOOK BEGINS HERE

(1)

To facilitate timely retroactive payments, the provider should submit a completed Trustline Application package and a Health and Safety Certificate as soon as possible.

(2)

A completed Trustline application package means that all fields on the application are completed and fingerprints have been submitted.

HANDBOOK ENDS HERE

(d)

A statement that child care payments in CalWORKs Stage One shall not be made for services provided by a licensed or Trustline-exempt child care provider, or a child care provider that is an existing registered Trustline provider more than 30 calendar days prior to the client’s request for child care and that the client is responsible for any child care services received prior to this period;

(e)

A statement that the client is eligible for CalWORKs Stage One child care while he or she works or participates in approved welfare-to-work activities, including participating as a volunteer, to the extent that he/she meets the eligibility criteria;

(f)

A statement that in order to receive paid child care, the client shall request child care from the worker, provide the information specified in Sections 47- 320.2 and 47-260 to the worker within 30 calendar days to determine eligibility and be determined eligible. If the client and/or child care provider do not provide the required information within 30 calendar days, the child care request may be denied;

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CALWORKS CHILD CARE Regulations RESPONSIBILITIES OF THE COUNTY 47-301 (Cont.)

47-301 ADMINISTRATION OF CHILD CARE SERVICES (Continued) 47-301

(g)

A statement that the child care provider has to meet certain requirements and that the client is responsible for any child care services received if the child care provider is determined ineligible;

(h)

A statement that the client shall be responsible for informing the county of their need for Stage One child care as soon as the need arises and each time they change child care providers;

(i)

A statement that the client may use the informing notice to request child care if they need it at the time they receive the notice. The informing notice shall include a space for the client to indicate whether or not they need child care;

(j)

A statement that the client may request assistance from the county to find and choose a child care provider. The informing notice shall include the name, address and phone number of the local child care resource and referral agency;

(k)

A statement that the client shall be responsible for informing the county within 30 calendar days from the first and any subsequent child care provider in order to receive payment for the services provided;

(l)

A statement that the client may request assistance from their worker if he or she has any questions or needs additional information. The informing notice shall include the worker's name and telephone number; and

(m)

A statement that the client has read and understands the informing notice.

.23

The informing notice shall be provided each time the client:

.231

Applies for CalWORKs cash assistance and at annual redetermination;

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CALWORKS CHILD CARE 47-301 (Cont.) RESPONSIBILITIES OF THE COUNTY Regulations

47-301 ADMINISTRATION OF CHILD CARE SERVICES (Continued) 47-301

.232

Signs an original welfare-to-work plan; and

.233

Signs an amended welfare-to-work plan.

.24

The county shall provide the client with the county’s child care request form upon request.

HANDBOOK BEGINS HERE

.25

To ensure that the client is reminded of the availability of Stage One child care, the county may provide the informing notice to the client at any point in time, including the following:

.251

Along with the mailing of the eligibility/status report;

.252

When the county issues a warrant;

.253

When a Notice of Action is sent out to the client, especially one related to an increase in income; or

.254

Each time the client has contact with the county welfare office or worker on any other matter.

HANDBOOK ENDS HERE

.26 Client Responsibility

The client shall sign and return the informing notice to the county when the informing notice is provided as required by Section 47-301.23.

.27 County Responsibility

When the client returns the informing notice, the county shall date stamp the notice, retain a copy in the case file, provide a copy to the child care worker, and provide a copy to the client.

.271 Refusal to Sign/Return If the client refuses either verbally or in writing to sign and/or return the informing notice, the county shall document the refusal. A documented refusal shall have the same effect as a signature.

(a)

Failure to sign an informing notice that has been mailed to a client does not in itself constitute a refusal to sign the notice.

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CALWORKS CHILD CARE Regulations RESPONSIBILITIES OF THE COUNTY 47-301 (Cont.)

47-301 ADMINISTRATION OF CHILD CARE SERVICES (Continued) 47-301

.28 Former CalWORKs Clients

Former CalWORKs clients who receive child care services in Stage One shall receive and sign the informing notice at least annually.

.3 Referral for Child Care Services

The county shall refer clients needing child care services to the local child care resource and referral program.

HANDBOOK BEGINS HERE

.31 Local Resource and Referral

The local resource and referral program assists Responsibility

families in establishing stable child care arrangements as soon as possible. These include licensed and license-exempt care.

.32 Colocation of Local Resource

Local Resource and Referral staff are required to and Referral Staff

colocate with the county's case management offices or arrange other means of swift communication with parents and case managers.

HANDBOOK ENDS HERE

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CALWORKS CHILD CARE Regulations RESPONSIBILITIES OF THE COUNTY 47-301 (Cont.)

47-301 ADMINISTRATION OF CHILD CARE SERVICES (Continued) 47-301

.4 Information Sharing

The county shall provide information about the client to the agency administering Stage Two or Three child care to establish eligibility for child care services and to allow the agency to provide child care to the family. This information may be shared with other entities not administering the program when the client has consented in writing that the information may be released.

HANDBOOK BEGINS HERE

.41 Confidentiality

AB 1542, Chapter 270, Statutes of 1997, did not change the confidentiality provisions in Welfare and Institutions Code Section 10850. All client information is kept confidential and is not open to examination except for purposes directly connected with the administration of public social services, or as otherwise authorized. Alternative Payment Programs (APP), Resource and Referral Programs and child care providers are an integral part of Stage One child care service delivery.

Client confidentiality would not be violated as long as the communication with any of these entities is directly related to providing Stage One child care services, or transition to Stage Two or Stage Three. In exchanging client information for purposes of administering the seamless child care program, each of these agencies are bound by the same confidentiality requirements.

HANDBOOK ENDS HERE

.5 Transitioning Clients

The counties shall manage a client's transition from Stage One to Stage Two or Stage Three when the county determines that the family's situation is stable. The client's child care shall continue in Stage One until child care is provided in Stages Two or Three, unless the family is otherwise ineligible.

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CALWORKS CHILD CARE 47-301 (Cont.) RESPONSIBILITIES OF THE COUNTY Regulations

47-301 ADMINISTRATION OF CHILD CARE SERVICES 47-301 (Continued)

.51 Stage One Time Limit

A client shall be served in Stage One for a maximum of six months unless the family's situation is not stable, or child care is not available in Stage Two or Three.

.52 Extension of Six-Month

The county shall extend the six-month time limit Time Limit

if the county has not determined stability or if child care is not available in Stage Two or Stage Three.

HANDBOOK BEGINS HERE

.6 Placement on Eligibility Lists for

Stage One clients should be referred for placement Subsidized Child Care

on eligibility lists for CDE subsidized child care as soon as possible.

.7 Referral Priority for Stages Two

Former CalWORKs clients should be referred for and Three

transition to Stage Two and Stage Three eligibility lists before the county refers other Stage Two or Three eligible clients.

HANDBOOK ENDS HERE

.8 Contracts to Provide Stage One

The county shall have the option to contract with Child Care

public or private child care agencies to provide any or all of the Stage One services.

.81 Compliance with Regulations

Public or private child care agencies, including those that contract with the county to provide Stage One child care services shall comply with Division 47.

.9 Administrative Actions - Licensed

Child Care Providers

.91 Temporary Suspension Order

When the county is notified by the R&R program

(TSO) or Revocation of Child

that a licensed child care provider's license has been

Care License

temporarily suspended or revoked, the county shall do the following within two business days:

.911

Terminate payment to the child care provider as of the effective date of the TSO or license revocation; and

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CALWORKS CHILD CARE Regulations RESPONSIBILITIES OF THE COUNTY 47-310 (Cont.)

47-301 ADMINISTRATION OF CHILD CARE SERVICES 47-301 (Continued)

.912

Inform the parents and the child care provider in writing that the payment has been terminated and the reason for the termination.

.92 Probationary Status

When the county is notified by the R&R program that a licensed child care provider's license has been placed on probation, the county shall do the following within two business days:

Inform the parents in writing that their child care provider has been placed on probation and that they have an option to locate alternate child care arrangements or remain with the provider without risk of subsidy payments being terminated.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: 42 U.S.C. 9801 Note (b)(4); 42 U.S.C. 9858e; 45 CFR 205.50; 45 CFR 98.51(a)(2)(i); Sections 8212, 8350, 8351, 8352, 8354 and 8358.5, Education Code; and Sections 10540, 10850, 11323.3, 11323.4(f) and 11323.8, Welfare and Institutions Code; Section 1596.605, Health and Safety Code.

47-310 INTERCOUNTY TRANSFERS

47-310

.1 First County

Upon notification of the CalWORKs Child Care client transferring to a new county, the first county shall:

.11 Inform Clients

Inform the client in writing of the responsibility to apply for child care in the second county and the payment responsibility information specified in Section 47-310.3 in order to avoid a break in child care services.

.2 Second County

The second county shall:

.21 Establish a Child Care Case

Establish a child care case as soon as the client applies for and meets the child care eligibility requirements as specified in Section 47-220, regardless of the status of the cash aid transfer.

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CALWORKS CHILD CARE 47-310 (Cont.) RESPONSIBILITIES OF THE COUNTY Regulations

47-310 INTERCOUNTY TRANSFERS (Continued) 47-310

HANDBOOK BEGINS HERE

.211 Cash Aid Determination If cash aid is approved, the client receives child care as a current CalWORKs client.

If cash aid is denied, the client receives child care as a former CalWORKs client as defined in Section 47- 110(f)(3), if otherwise eligible.

HANDBOOK ENDS HERE

.22 Make Appropriate Referral

Refer the child care case to the responsible agency as provided in Section 47-301.5, if the second county determines that the client is eligible for Stage Two or Stage Three child care.

.23 Availability of Stages

Provide child care in Stage One until child care is provided in Stage Two or Three, as provided by Section 47-301.5, unless the family is otherwise ineligible.

.3 Change in Payment Responsibility

There shall be no delay in child care payments when the county receives from the client the necessary child care payment information specified in Section 47-420.21.

.31 When Changing Providers

When the client moves and is changing providers:

.311 First County

The first county shall pay for child care through the last day the existing provider provides services.

.312 Second County

The second county shall become responsible to pay child care to the new provider regardless of the completion of a cash aid transfer period.

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CALWORKS CHILD CARE Regulations RESPONSIBILITIES OF THE COUNTY 47-310

47-310 INTERCOUNTY TRANSFERS (Continued) 47-310

HANDBOOK BEGINS HERE

.313 Cash Aid Transfer Period The period of time in which the second county as Specified in Section determines eligibility and the first county remains 40-187.16

responsible for payment of aid.

HANDBOOK ENDS HERE

.32 When Not Changing Providers When the client moves and does not change providers:

.321 On Cash Aid

The first county shall continue to pay for child care until the cash aid transfer period is completed, or sooner with mutual agreement between both counties.

.322 Off Cash Aid

The first county shall continue to pay for child care for up to 30 days from the date the client moves out of the county, at which time the second county assumes responsibility for payment.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 10553 and 10554, Welfare and Institutions Code; and Section 40-187, CDSS Manual of Policies and Procedures.

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CALWORKS CHILD CARE Regulations RESPONSIBILITIES OF THE COUNTY 47-320

47-320 INFORMATION COLLECTION

47-320

.1 County Responsibility

The county shall obtain from the client information to determine child care eligibility and process payments for child care services. (See Section 40- 126.35)

.2 Client Responsibility

The following information shall be provided by the client:

.21 Child's Identifying

Name, age, date of birth, ethnic origin and gender Information

of each child requiring care.

.22 School Hours

School hours of each child, if applicable.

.23 Hours of Care

Hours of care needed for each child.

.24 Provider Information

Name, address and, if available, a telephone number of the child care provider selected by the client.

.25 Child's Disability

Information needed to obtain verification as specified in Section 41-430.2 about any child 11 years of age or older for whom care is requested due to a physical, mental or developmental disability or other similar condition.

.26 Court Supervision

Information about any child 11 years of age or older for whom care is requested because the child requires care or supervision because she or he is under court supervision.

.27 Change in Family Size and

Information about changes in family size and Composition

composition when an absent parent of a child receiving child care moves into the home or another child moves into the home, including newborns; or

.28 Change in Family Income

Information about changes in income that result in the family income reaching or exceeding the family fee thresholds provided in the Family Fee Schedule established by the Superintendent of Public Instruction pursuant to Education Code Section 8263.

(See Handbook Section 47-401.8). Information about changes in income that reduce or eliminate the family fee shall also be reported.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: 42 U.S.C. 9858i(a)(2)(A) and (a)(2)(E); 45 CFR 98.20(a)(1)(ii); 45 CFR 98.71(a) and (b); Sections 8208.1, 8263, 8352 and 8357, Education Code; Sections 11054 and 11323.2, Welfare and Institutions Code.

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