Axiom Foundation

.231 The collection of information, including the Social Security Number (SSN) of each household member, is authorized under the Food Stamp Act of 1997. This information will be used to determine if a household is eligible or continues to be eligible to participate in the food stamp program. The information will be verified through computer matching program and will also be used to monitor compliance with program regulations and for program management.

.232 The information may be disclosed to other federal and state agencies for official examination, and to law enforcement for apprehending persons fleeing to avoid the law.

.233 If a claim is made against a household, the information on the application, including all SSNs, may be referred to federal and state agencies and private claims collection agencies for claims collection action.

.234 Providing the requested information, including SSNs of each household member, is voluntary. However, failure to provide this information will result in denial of food stamp benefits to each individual failing to provide a SSN.

.24 Section 63-300.24(MR) shall become inoperative and Section 63-300.24(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.25 Section 63-300.25(MR) shall become inoperative and Section 63-300.25(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.3 Filing, Notice of Right to File and Withdrawal

.31 Each household shall be advised of their right to file an application, either paper or electronic, on the same day they contact the Food Stamp office during office hours.

.32 The household shall also be advised that it does not have to be interviewed before filing the application and may file an incomplete application form as long as the form contains the applicant's name and address, and is signed by a responsible member of the household or the household's authorized representative.

.321 Applications contain the penalty of perjury statement and must be signed by one adult household member or authorized representative or a responsible minor when the applicant household is composed entirely of minors and has no adult to act on its behalf.

.322 One adult household member or authorized representative shall attest, under penalty of perjury, that all eligible members of the Food Stamp household are either U.S. citizens, national or lawful alien residents.

.33 The CWD shall document the date the application was filed by recording on the application the date it was received by the food stamp office.

.34 Contacting the Food Stamp Office

.35 Notice of Right to File

.36 Withdrawing Application

.37 Written Statement of Verification Requirements

.38 Beginning Date of Application When CWD is Closed on Normal Work Days

.381 In the event the CWD is closed during the regular eight hours of a working day as defined in Sections 11-601.214 and .215, and an application for Food Stamp benefits is deposited in a drop box, mail slot, or other reasonable accommodation in accordance with Section 11-601.311(b), the "date of application" shall be the date the application is deposited.

.382 In the event the CWD is closed during the regular eight hours of a working day as defined in Sections 11-601.214 and .215, and an applicant calls to make a request for emergency benefits in accordance with Section 11-601.313, the date of application shall be the date the telephone call is received.

.383 Example: On Friday, when the CWD is closed, an applicant deposits an application for Food Stamp benefits in a mail slot designated for that purpose. The application will be date stamped with Friday's date or it will be otherwise indicated on the application that it was received on Friday, the date of application. Had the applicant made a request for Homeless Assistance, Food Stamp Expedited Services, Medi-Cal, or AFDC Immediate Need via the local telephone service on Friday, the date of application would be Friday and the application would have to be processed within established time frames.

.4 Interviews

.41 Sections 63-300.41 et seq.(MR) shall become inoperative and Sections 63-300.41 et seq.(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.415 The CWD may provide the name of a worker to contact.

.42 Waiving the Interview (CWD Screening Process)

.43 Waiving the Face-to-Face Interview (No Option)

.44 Waiving the Face-to-Face Interview (Case-by-case)

.45 When the Interview is Waived or Not Required

.451 The CWD shall attempt to complete all SFIS requirements not completed at time of certification, when the household member(s) is/are in the office for any reason. The CWD shall not require the household member to make a special trip into the office solely for the purpose of the SFIS compliance. However, a household that has not met SFIS requirements during the initial certification period must satisfy the SFIS requirements by the end of the usehold’s initial certification period or prior to being recertified. If the household member des not comply with SFIS requirements, the CWD must take appropriate action as specified in ection 63-505.14.

.46 Scheduling Initial Application Interviews

.461 The CWD shall not deny a household’s application prior to the 30th day after initial application if the household fails to appear for the first scheduled interview. A NOMI must be sent to the household reminding the household to reschedule their interview prior to the 30th day after application. Only after the NOMI is sent and the household fails to reschedule, can the CWD send a denial notice on the 30th day after application.

.462 If the household requests a second interview during the 30-day application-processing period and is determined eligible, the CWD must issue prorated benefits from the date of application.

.463 If the household fails to keep its second scheduled interview, a notice of denial must be issued no earlier than the 30th day after application.

.464 Scheduling Recertification Interviews

.465 In-office Interviews During the Certification Period

.5 Verification

.6 Receipt of Verification/Documentation

.61 Notice of Right to a Receipt

.62 Exemptions from Receipt Requirements

.621 A CWD which maintains a system of logging hand delivered documents shall be exempt from the requirement to provide a receipt or post notice of right to a receipt.

.622 A CWD which provides receipts for all hand delivered documents without a request by an applicant or recipient shall be exempt from the notice posting requirement.

.623 Section 63-300.623(MR) shall become inoperative and Section 63-300.623(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

63-301 Application Processing Time Standards∀ 61 / 89

.1 Normal Processing Standard

.2 Opportunity to Participate

.3 Denying the Application

.31 The CWD shall not deny eligibility to a household due to failure to cooperate when the person(s) who fails to cooperate is outside of the household.

.311 Excluded household members specified in Section 63-402.22 shall not be considered outside of the household for the purposes of Section 63-301.31.

.32 If the household has failed to appear for one scheduled interview and has made no subsequent contact with the CWD to express interest in pursuing the application, the CWD shall send a NOMI as soon as possible. The CWD shall reschedule if the household requests another interview within 30 days of the initial application date. The CWD must not deny a household’s application prior to the 30th day as described in Section 63-300.45(a). The CWD must pro-rate benefits from the date of application if the household schedules a second interview within 30 days of the application date and is found eligible as described in Section 63-300.45(b).

.33 In cases where the CWD was able to conduct an interview and request all of the necessary verification on the same day the application was filed, and no subsequent requests for verification have been made, the application may be denied if the CWD provided assistance to the household in obtaining verification when required as specified in Section 63-300.55 but the household failed to provide the requested verification. The CWD may send a notice of action denying the application on or before the 30th day following the date the application was filed, to be effective the 30th day following the date the application was filed.

.4 Delayed Actions

.41 Determining Cause

.411 A delay shall be considered the fault of the household if the household has failed to complete the application process even though the CWD has taken all the action it is required to take to assist the household. The CWD must have taken the following actions before a delay can be considered the fault of the household:

.412 Delays that are the fault of the CWD include, but are not limited to, those cases where the CWD failed to take the action described above in Sections 63-301.411 (a through c).

.42 Delays Caused by the Household

.421 If the application is denied, the CWD shall notify the household of the action it must take to reactivate its application; that the case will be reopened without a new application if the required action is taken within 30 days of the date the denial notice of action denying the application becomes effective (30 days after the date of application); and that if the household does not take the required action within the second 30-day period (60 days of the date of application), a new application must be submitted in order to participate in the Food Stamp Program.

.422 If the application is held pending, the CWD shall notify the household of the action it must take to complete the application process, and that if the household does not take the required action within 60 days of the date the application was filed, its application shall be denied and a new application must be submitted if the household wishes to participate in the Food Stamp Program.

.423 If the household responds and is determined eligible during the second 30-day period, the CWD shall provide benefits only from the date the CWD received verification that the household completed the required action.

.424 If the household responds and is determined ineligible during the second 30-day processing period, the CWD shall deny the application and provide the household with a notice of action informing them of the denial.

.43 Delays Caused By the CWD

.431 Whenever a delay in the initial 30-day application processing period is the fault of the CWD, the CWD shall take immediate corrective action. The CWD shall not deny the application but instead shall continue to process the application and send the household a notice of action informing them of the pending status of their application by the 30th day following the date the application was filed.

.432 If the household is determined eligible during the second 30-day period, the CWD shall provide benefits retroactive to the date of the application. If the household is determined ineligible during the second 30-day processing period the application shall be denied and the CWD shall provide the household with a notice of action denying their application.

.44 Delays Beyond 60 Days

.441 If the CWD is at fault for not completing the application process by the end of the second 30-day period, and the case file is otherwise complete, the CWD shall continue to process the original application and any supplemental information provided by the household until an eligibility determination is made.

.442 If the CWD is at fault for not completing the application process by the end of the second 30-day period, but the case file is not complete enough to determine eligibility, the CWD shall continue to process the original application and send the household a notice of action informing them that the application is being held pending. The household shall be advised of the action necessary to complete the application process and of the possible entitlement to retroactive benefits as a result of the CWD's failure to process the application in the second 30-day period.

.443 If the household is at fault for not completing the application process by the end of the second 30-day period, the CWD shall deny the application and require the household to file a new application if it wishes to participate. If however, the CWD has chosen the option of holding the application pending only until 30 days following the date of the initial request for the particular verification that was missing, and verification is not received by that 30th day, the CWD may immediately deny the application. The household shall not be entitled to any lost benefits, even if the delay in the initial 30 days was the fault of the CWD.

.5 Expedited Service

.51 Entitlement to Expedited Service

.511 Households with less than $150 in monthly gross income as defined in Section 63-502.1 provided their liquid resources as defined in Section 63-501.11 do not exceed $100;

.512 Migrant or seasonal farmworker households who are destitute as defined in Section 63-503.43 provided their liquid resources as defined in Section 63-501.11 do not exceed $100; or

.513 Households whose combined monthly gross income and liquid resources are less than the household's monthly rent or mortgage, and utilities.

.52 Identifying Households Needing Expedited Service

.521 A CWD employee or volunteer shall inform potential applicants orally of the right to expedited service for eligible households and how to initiate the process, the availability of assistance in filling out the application and shall be responsible for screening applications as they are filed. The CWD also shall advise individuals who inquire about the Food Stamp Program by telephone of the expedited service processing standards for eligible households. The CWD shall assist an applicant, upon request, in filling out forms and completing the application process.

.522 The screening shall consist of a review of the DFA 285-A1 or the SAWS 1 CA1/DFA 285-A1 if the applicant elected to complete the expedited service section. The CWD shall immediately forward the application for processing when it is determined that the applicant is entitled to expedited service.

.523 Households being recertified or reapplying after less than a one-month break in certification shall be entitled to expedited service if determined eligible as specified in Section 63-301.51.

.53 Processing Standards

.531 Expedited Service Households

.532 Out-of-Office Interviews

.533 Late Determinations

.54 Special Procedures for Expediting Service

.541 The CWD shall use the following procedures when expediting certification and issuance:

.542 Once the household has supplied the name of a collateral contact or has asked the CWD for assistance in locating a collateral contact, the CWD shall promptly contact the collateral contact or otherwise assist the household in obtaining the necessary verification.

.543 Households that are certified on an expedited basis and have provided all necessary verification required by Section 63-300.5 within the expedited services time frame as specified in Section 63-301.531 shall be assigned a normal certification period.

.544 Households that are certified on an expedited basis and whose verification is postponed shall be assigned certification periods as follows:

.545 When a certification period of longer than one month is assigned, the CWD shall notify the household, in writing that:

.546 Households which apply for benefits after the 15th of the month and have been determined eligible to receive benefits for the initial month and the subsequent month but have had their verification postponed shall receive both allotments at the same time, in accordance with Section 63-503.16.

.547 Migrant farmworker households shall be entitled to postpone out-of-state verification only once each migrant farm season.

.548 There is no limit to the number of times a household can be certified under expedited service procedures, as long as prior to each expedited certification, the household either completes the verification requirements that were postponed at the last expedited certification or was certified under normal processing standards since the last expedited certification.

.549 Households requesting, but not entitled to expedited service shall have their applications processed according to normal standards.

.6 PA Households

.61 Single Interview

.611 The CWD may hold a separate food stamp interview if necessary to prevent any delay in the processing of expedited service.

.62 Verification Procedures

.63 Application Processing Standards and Procedures

.631 In order to determine if a household will be eligible due to its status as a recipient PA household, the CWD shall be permitted to postpone the food stamp eligibility determination within the 30-day processing standard if the household is not entitled to expedited service and appears to be categorically eligible.

.632 If any potentially categorically eligible household is denied and later determined eligible to receive PA benefits, the CWD shall provide food stamp benefits using the original application and any other pertinent information occurring subsequent to that application.

.633 For all households, the CWD shall anticipate with reasonable certainty the amount and date of receipt of the initial PA payments. Initial PA payments include the first month's basic grant and any immediate need or other PA payments that were issued prior to the authorization of the first month's basic grant.

.634 For all households, portions of initial PA payments intended to retroactively cover a previous month shall be disregarded as lump sum payments as specified in Section 63-502.2.

.7 Categorically Eligible PA Households

.71 Section 63-301.71(MR) shall become inoperative and Section 63-301.71(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.72 The eligibility factors which shall be accepted for food stamp eligibility without verification are the resource, gross and net income limits; social security number information; sponsored alien information; and residency.

.73 When determining whether a household is to be considered PA categorically eligible, the CWD shall verify the following factors, only when questionable, as specified in Section 63-300.53.

.731 The household shall contain only food stamp eligible members that are PA recipients as defined in Section 63-102(p).

.732 The household shall meet the definition of a household as specified in Sections 63-102(h) and 63-402.

.733 The household shall include all persons who purchase and prepare food together in one food stamp household regardless of whether or not they are separate units for PA purposes.

.734 The household has not been disqualified or does not include persons who have been disqualified as specified in Section 63-301.73.

.74 The following households shall not be considered categorically eligible and are subject to all food stamp eligibility and benefits provisions if:

.741 Any household member is disqualified for an intentional Program violation as specified in Section 63-805;

.75 The following persons shall not affect the eligibility of an otherwise categorically eligible PA household:

.751 Ineligible non-citizens as defined in Section 63-403.1;

.752 Ineligible students as defined in Section 63-406;

.753 SSI recipients as defined in Section 63-102(s);

.754 SSN-disqualified persons as defined in Section 63-102(s);

.755 Persons institutionalized in an unauthorized facility as defined in Section 63-402.4;

.756 Household members who are disqualified for failure to comply with work requirements as specified in Section 63-407.4; or

.757 GA recipients who receive benefits from a GA program appropriate for categorical eligibility.

.76 For purposes of work registration, the exemptions specified in Section 63-407.2 shall apply to individuals in PA categorically eligible households. Any individual who is not exempt from work registration is subject to the work requirements specified in Section 63-407.

.8 GA Households

.81 CWDs shall advise all GA applicant households of their potential categorical eligibility for Food Stamp benefits and provide these households with a DFA 285-A1 and DFA 285-A2 or the joint application forms. GA households shall not be considered categorically eligible for Food Stamp benefits unless they receive, or are authorized to receive, benefits from a GA program appropriate for categorical eligibility as specified in Section 63-301.82.

.811 CWDs shall allow households in which all members are applying for GA benefits to leave a signed Food Stamp application, which contains, at a minimum, the household's name, address, and signature, at the GA office. The GA office shall forward the application that same day to the appropriate Food Stamp office for processing.

.812 The procedural and timeliness requirements that apply to the non-PA application process shall begin when the Food Stamp office receives the application. Since there may be a delay involved in the transferring of applications from GA offices to food stamp offices, households shall be advised that they may receive faster service if they take the application directly to the Food Stamp office.

.82 Categorically Eligible GA Households

.821 Any household, except those specified in Section 63-301.824, in which all food stamp eligible members receive or are authorized to receive GA benefits from a GA program which meets the following criteria, shall be considered eligible for food stamps because of their status as GA recipients.

.822 The eligibility factors which shall be accepted for food stamp eligibility without verification are the resource (except resource transfers); gross and net income limits, sponsored noncitizen information; and residency.

.823 When determining whether a household is to be considered GA categorically eligible, the CWD shall verify that the household contains only food stamp eligible members who are receiving, or are authorized to receive, GA from a GA program appropriate for categorical eligibility.

.824 A household shall not be considered categorically eligible and is subject to all food stamp eligibility and benefit provisions if:

.825 The following individuals shall not be included as a member of an otherwise categorically eligible household if that person:

.9 Mixed Food Stamp Households

.91 CWDs may use the joint application processing procedures in Section 63-301.6 for mixed FS households. This decision shall not be made on a case-by-case basis, but shall be applied uniformly to all households of this type in the county.

.92 Mixed FS households shall not be considered categorically eligible for food stamp benefits.

.93 CWDs shall exclude any resource of FS household members receiving PA. If a resource is jointly held by a Food Stamp household member who is receiving PA and a Food Stamp household member who is not receiving PA, then exclude the amount that was counted in determining the PA eligibility.

.94 Mixed FS households must meet the food stamp gross and net income standards of eligibility.

63-401 Residency∀ 5 / 6

.1 A household must be living in which it files an application for participation.

.2 No individual may participate as a member of more than one household, or in more than one county in any month except for eligible residents of shelters for battered women and children (see Section 63-503.46) who were program participants in dwelling of the abuser.

.3 The CWD shall not interpret residency to mean domicile which is sometimes defined as a legal place of residence or principal home.

.4 The CWD shall not impose any durational residency requirements.

.5 The CWD shall not require an otherwise eligible household to reside in a permanent dwelling or have a fixed mailing address as a condition of eligibility. Nor shall residency require to intent to reside permanently in the county. Persons in a county solely for vacation purposes shall not be considered residents.

.6 The CWD shall not require the otherwise eligible household to reside in the county which is providing the food stamp benefit if the household is participating in the GAIN Work Supplemental Program; the CWD providing the AFDC benefits to these households shall also provide food stamp benefits to them.

63-402 Household Concept∀ 15 / 19

.1 Household Definition

.11 An individual living alone;

.12 An individual living with others, but customarily purchasing food and preparing meals for home consumption separate and apart from others except as otherwise specified in Section 63-402.14.

.13 A group of individuals who live together and customarily purchase food and/or prepare meals together for home consumption.

.131 Customarily purchasing and preparing meals together as a Food Stamp household is to do so usually or as a matter of course.

.14 Separate household status shall not be granted to:

.141 A child under 18 years of age, living with and under the parental control, as defined in Section 63- 102(p), of a household member who is not his or her parent;

.142 Parents living with their natural, adopted or step children, or children living with their natural, adopted, or stepparents unless:

.143 An individual living with the household who is a spouse of a member of the household (as defined in Section 63-102(s));

.144 A boarder, as defined in Section 63-402.3;

.145 Repealed by Manual Letter FS-94-06, effective 9/1/94.

.146 Children of narcotic addicts of alcoholics who reside at a treatment center as specified in Section 63-402.4

.15 A parent who shares joint physical custody of children on a 50/50 basis and in whose household the CWD has determined that the children are able to participate. The CWD shall insure that duplicate participation does not occur.

.151 When the living arrangements are such that the child lives with each parent an equal number of days per month, the CWD shall determine Food Stamp household composition based upon, but not limited to:

.16 A woman or women with children who are temporary residents of a shelter for battered women and/or children.

.17 An individual who is 60 years of age or older living with others (and the spouse of such individual) who is unable to purchase and prepare meals because he/she suffers from a disability considered permanent under the Social Security Act or suffers from a nondisease-related, severe, permanent disability. However, the income (all income included under Section 63-502.1 of the others with whom the individual resides (excluding the income of such individual's spouse) cannot exceed 165 percent of the federal poverty guidelines, see Section 63-1001.10, Income Standard for Elderly and Disabled Separate Household Status.

.2 Nonhousehold and Excluded Household Members

.21 Nonhousehold Members

.211 Roomers

63-403 California Food Assistance Program (Cfap)∀ 5 / 8

.1 Noncitizen Eligibility

.11 Victims of trafficking, domestic violence, or other serious crimes.

.2 Application of Existing Regulations

.21 Existing federal FSP regulations apply to victims of human trafficking, domestic violence, or other serious crimes, expect where otherwise indicated.

.211 As a condition of eligibility, when the noncitizen victim of human trafficking, domestic violence, or other serious crimes does not have permission to work in the United States and the Social Security Administration will not issue a social security number, this requirement is suspended until such time as the individual's ability to obtain a social security number changes.

.3 CFAP work requirements are provided in Section 63-411.

.31 Trafficking, domestic violence, or other serious crime applicants shall not be subject to food stamp work requirements. This includes the Able-Bodied Adult Without Dependents (ABAWD) work requirement, and requirements for food stamp work registration and participation in the Food Stamp Employment and Training (FSET) program. In addition, recipients shall not be subject to penalties for voluntary quit and reduction of hours worked. However, this group may participate in other education or training to the extent such participation is permissible.

.4 Combined Households

63-404 Social Security Numbers∀ 15 / 25

.1 Applicant or recipient households shall provide the CWD with the social security number (SSN) of each household member or shall provide verification of application for an SSN prior to certification. If individuals have more than one number, all numbers shall be required.

.11 The CWD shall explain to applicants and recipients that refusal or failure without good cause to provide or apply for an SSN shall result in disqualification of the individual for whom the SSN is not obtained. The CWD shall send the household a notice of action explaining the effect of the disqualification on the eligibility and allotment of the remaining household members.

.12 For those individuals who provide SSNs prior to certification, recertification, or at any office contact, the CWD shall record the SSN and verify in accordance with Section 63-404.6.

.13 Household members who do not have an SSN and who apply for an SSN or provide good cause for failure to apply shall be allowed to participate in accordance with Section 63-404.3.

.2 Exemption for Expedited Processing Applicants

.21 Households entitled to expedited service shall not be required to furnish or apply for an SSN until after they have received their first allotment. However, these households shall be required to furnish or apply for an SSN before their next issuance in accordance with 63-301.543 and .544.

.3 Obtaining the Social Security Number

.31 Whenever an individual indicates he/she does not have an SSN, or is otherwise unable to provide one, the household member shall complete the application for SSNs provided by the CWD, and apply directly to the Social Security Administration (SSA).

.32 The CWD shall inform the household member where to apply and what information will be needed.

.33 The CWD shall inform the household member that proof of application from the SSA will be required prior to certification.

.34 Once the household member has filed an application for an SSN and continue to meet all other eligibility requirements, that member shall be permitted to continue to participate pending notification of the CWD through IEVS of the household member’s verified SSN.

.4 Failure to Comply

.41 If the CWD determines that a household member has failed without good cause to provide or apply for an SSN that individual shall be ineligible to participate until he/she complies. This disqualification will apply only to the individual for which the SSN is not provided and not to the entire household.

.42 Income of the disqualified individual shall be treated as outlined in Section 63-502.14. Resources of the disqualified individual shall be treated as outlined in Section 63-501.9.

.5 Good Cause Determination

.51 In determining if good cause existed for failure to comply with the SSN requirement to apply for or provide the CWD with an SSN, the CWD shall consider information provided by the household member and SSA. Documentary evidence or collateral information that the household member has applied for an SSN or made every effort to supply SSA with the necessary information to complete and application for an SSN shall be considered good cause for not complying timely with this requirement.

.511 Good cause does not include delays due to illness, lack of transportation, or temporary absences.

.52 If the household member(s) can show good cause why an application for an SSN has not been completed in a timely manner, that household member shall be allowed to participate for one month in addition to the month of application. Thereafter, for a household member to continue to participate, good cause shall be shown monthly.

.53 If the household member applying for an SSN has been unable to obtain the documents required by SSA, the CWD should make every effort to assist the individual in obtaining these documents.

.6 Verification

.61 The CWDs shall submit SSNs through IEVS to SSA for verification.

.62 The application for a SSN shall be verified by obtaining the CDSS approved documentation of application from SSA. Approved documentation includes, but is not limited to, the MC-194, the SSA 5028 or the hospital issued SSA-2853-OP4.

.63 Certification for or issuance of benefits shall not be delayed to an otherwise eligible household solely because an SSN has not been verified.

.64 Once an SSN has been verified through IEVS, the EW shall annotate the casefile accordingly to prevent the need for future reverification.

.7 Ending Disqualification

63-405 Citizenship Or Eligible Noncitizen Status∀ 45 / 70

.1 A noncitizen who is a lawful resident of the U.S. and meets any of the following requirements is eligible for participation in the federal Food Stamp Program (FSP):

.11 A Qualified Noncitizen Is:

.111 A person who is lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act (INA).

.112 A refugee under Section 207 of the INA.

.113 An asylee under Section 208 of the INA.

.114 A noncitizen who had deportation withheld under Section 243(h) of the INA (before April 1, 1997, or under Section 241(b)(3) of the INA on or after April 1, 1997).

.115 A Cuban or Haitian entrant as defined in 501(e) of the Refugee Education Assistance Act of 1980.

.116 A conditional entrant under Section 203(a)(7) of the INA as in effect prior to April 1, 1980.

.117 A parolee under Section 212(d)(5) of the INA for at least one year.

.118 An abused/battered spouse and/or unmarried dependent child and/or child of an abused/battered parent and/or parent of an abused/battered child as specified in Section 63-405.5.

.12 INDEFINITE FOOD STAMP ELIGIBILITY CRITERIA. The following noncitizens are eligible indefinitely, provided they are one of the qualified noncitizens specified in Section 63-405.11:

.121 Who is lawfully admitted to the U.S. for permanent residence and can be credited with 40 qualifying quarters of coverage as specified in Section 63-405.4

.122 An active member of the U.S. armed forces or an honorably discharged veteran of the U.S. armed forces, including their spouse or unmarried dependent child, or un-remarried surviving spouse of a deceased veteran, as specified in Section 63-405.3.

.123 Is under 18 years of age regardless of the date of entry into the U.S.

.124 Who is disabled or blind as specified in Section 63-102(e)(1)(B) through (K), regardless of date of entry. Must show verification of disability benefits.

.125 Was lawfully in the U.S. and 65 years or older on August 22, 1996.

.126 He lawfully resided in the U.S. for five years beginning on the date of entry.

.2 The following noncitizens are eligible for food stamp benefits for an indefinite period of time, even if they are not qualified noncitizens as specified in Section 63-405.11.

.21 An individual who:

.211 Was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era (as defined in 38 U.S.C. 101) and is lawfully residing in the U.S.

.212 Is the spouse, unmarried dependent child or unremarried surviving widow or widower of a deceased Hmong or Highland Loatian tribal member and verifies his/her status as a member of the tribal member’s family.

.22 An individual who is:

.221 A member of an Indian tribe (as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)) who is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

.222 An American Indian born in Canada to whom the provisions of Section 289 of the INA (8 U.S.C. 1359) apply.

.3 A veteran or a person on active duty in the U.S. armed forces is eligible. The spouse, or unmarried dependent child, or unremarried surviving spouse of a deceased veteran or active duty person is also eligible.

.31 For purposes of this section, “veteran” means:

.311 Has been honorably discharged for a reason other than on account of alienage as documented by a DD Form 214 or other acceptable verification; and

.312 Has met the minimum active-duty service requirements (24 months or the period for which the person was called to active duty).

.313 An individual who served before July 1, 1946, in the organized military forces of the Government of Commonwealth of the Philippines.

.32 For purposes of this section, “surviving spouse of a deceased veteran or individual on active duty” means:

.321 The spouse has not remarried and the marriage fulfilled these requirements (married for at least one year, or married before the end of a 15-year time span following the end of the period of military service in which the injury or disease was incurred or aggravated, or married for any period if a child was born of the marriage or was born before the marriage);

.33 For purposes of this section, “Unmarried dependent child” means:

.331 Legally adopted or biological child of a person described in Section 63-405.31.

.332 Under the age of 18.

.333 Under the age of 22 and a student who is otherwise eligible as specified in Section 63-406.2.

.334 Eighteen (18) or older if the child was/is disabled and dependent prior to turning 18.

.4 A noncitizen who can be credited with 40 quarters (10 years) of qualifying employment; or can be credited with such qualifying credits of employment through parents (up through the quarter the applicant turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) is eligible. One credit equals one calendar quarter of qualifying employment. Beginning with the first quarter of 1997, no credit shall be countable if the individual who earned it received any federal means-tested public benefits. Qualifying credits of employment shall be verified.

.41 At the eligibility interview the CWD shall ask the following questions about any noncitizen whose eligibility needs to be determined.

.411 How long has the applicant noncitizen, and if necessary, the applicant noncitizen’s parents (up through the quarter the applicant turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) lived in the United States? If the period of time is more than 10 years, it is not necessary to ask question B (Section 63-405.412). Skip to question C (Section 63-405.413). However, if the period of time is less than 10 years, question B (Section 63-405.412) shall be asked.

.412 Did the applicant noncitizen, the applicant noncitizen’s parents (up through the quarter the applicant turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) ever perform work for a United States business or the U.S. government, while not residing in the United States? If so, for how many calendar quarters or years? If an applicant noncitizen neither lived in the U.S. at least 10 years, or worked for a United States business or the U.S. government while living in another country; or if the combination of years lived in the United States and worked for a United States business or the U.S. government while living in another country totals less than 10 years, then the applicant noncitizen shall be denied food stamps. If the total is at least 10 years, then question C (Section 63-405.413) shall be asked.

.413 In how many of the years reported in answer to question A (Section 63-405.411) did the applicant noncitizen, the applicant noncitizen’s parents (up through the quarter the applicant noncitizen turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) earn money through work? If the answer is at least 10 years, or if the answer combined with the answer to question B (Section 63-405.412) is at least 10 years, then the earnings of the noncitizen whose eligibility is in question shall be verified before eligibility is established, except as specified in Section 63-405.112(g)(2). If the total is less than 10 years, then the applicant noncitizen shall be denied food stamps.

.42 The preferred method of verifying qualifying credits of employment is through the Social Security Administration’s (SSA’s) automated system. However, the automated system may not always verify that the earnings requirement is met. If the noncitizen believes that the records provided by the automated system are incorrect, the CWD shall inform the noncitizen of the option of challenging SSA’s records. The person whose work history is in question can visit the nearest SSA office and request a review to determine if the qualifying quarters are met. A document from SSA indicating that a determination of work credits is under review must be provided to the CWD. If for some reason the person whose work history is in question is unable or unwilling to appear in person to request an investigation of SSA’s records, they can be requested for that person through the mail. A noncitizen disputing SSA’s findings, and requesting a review through SSA’s manual system, shall be allowed to participate until SSA completes its investigation, or for a maximum of six months from the date of the original determination of insufficient quarters.

.43 After all the earnings are obtained for or on behalf of the noncitizen whose eligibility is in question, the CWD shall use the “ESTABLISHING QUARTERS” chart below to determine if the amount of earnings is sufficient to establish the required number of credits.

.44 If upon further review SSA cannot establish additional earnings and the noncitizen does not have at least 40 qualifying credits, the CWD shall establish an inadvertent household error claim for over issuance for the months food stamps were received.

.5 The following are the abused/battered noncitizens who may be considered qualified as specified in Section 63-405.118:

.51 A noncitizen who has been abused:

.511 In the U.S. by a spouse or a parent, or by a member of the spouse or parent’s family residing in the same household as the noncitizen and the spouse or parent consented to, or acquiesced in, such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

.512 Who has been approved by INS or has a petition pending with INS which sets forth a prima facie case for:

.52 A noncitizen whose child has been abused:

.521 In the U.S. by a spouse or a parent of the noncitizen (without the active participation of the noncitizen in the battery or cruelty), or by a member of the spouse or parent’s family residing in the same household as the noncitizen and the spouse or parent consented or acquiesced to such battery or cruelty, and the noncitizen did not actively participate in such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

.522 Who meets a requirement as specified in Section 63-405.512.

.53 A noncitizen child who resides in the same household as a parent who has been abused:

.531 In the U.S. by that parent’s spouse or by a member of the spouse’s family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

.532 Who meets a requirement as specified in Section 63-405.512.

.54 These sections shall not apply to a noncitizen during any period in which the individual responsible for such abuse/battery or cruelty resides in the same household or family eligibility unit as the individual subjected to such abuse/battery or cruelty.

.55 The following list includes, but is not limited to, circumstances which may demonstrate a substantial connection between the abuse/battery or extreme cruelty suffered by the applicant and the need for the benefit sought. A connection exists if the benefits are needed to enable the noncitizen, the noncitizen’s child, and/or (in the case of a noncitizen child) the noncitizen’s parent to:

.551 Become self-sufficient following separation from the abuser;

.552 Escape the abuser and/or the community in which the abuser lives, or ensure safety from the abuser;

.553 Fulfill a financial need due to loss of financial support resulting from separation from the abuser;

.554 Fulfill a financial need caused by the loss of a job because of the circumstances of the abuse;

.555 Provide or seek medical attention or mental health counseling, or health services due to disability resulting from the battery or extreme cruelty;

.556 Fulfill a financial need because of the loss of a dwelling or source of income or fear of the abuser which, following separation from the abuser, jeopardizes the applicants’ or the parents’ ability to care for his or her children;

.557 Alleviate nutritional risk or need resulting from the abuse or following separation from the abuser;

.558 Provide or seek medical care during a pregnancy resulting from the abuser’s sexual assualt or abuse of, or relationship with the abused noncitizen and/or care for any resulting children; or

.559 Replace medical/health care services which were provided when living with the abuser.

.6 Other noncitizen provisions and procedures not superseded by Section 63-405 remain in effect.

.7 Responsibilities of Sponsored Noncitizens

.71 Obtaining the cooperation of his/her sponsor.

.72 Providing the CWD at the time of application and at the time of recertification with any information and/or documentation necessary to determine the deemed income and resources of the noncitizen’s sponsor as specified in Section 63-503.49.

.73 Providing the names (or other identifying factors) of other noncitizens for whom the noncitizen’s sponsor has signed an agreement to support.

63-406 Students∀ 17 / 22

.1 Applicability.

.11 Any person who is age 18 through 49; physically and mentally fit for employment; and enrolled at least half-time, as defined by the institution, in an institution of higher education (as defined in Section 63-406.111(a)), shall be ineligible to participate in the Food Stamp Program unless that person complies with the eligibility requirements as specified in Section 63-406.2.

.111 To be considered a student at an institution of higher education, a person specified in Section 63-406.111(a)(1) needs only to be enrolled at least half-time; whereas a person specified in Section 63-406.111(a)(2) needs to be both enrolled at least half-time and enrolled in a regular curriculum. A regular curriculum at an institution of higher education means the standard requirements for graduation or certification/qualification in a particular field of study.

.12 Student eligibility requirements shall not apply to persons age 17 or under, persons age 50 or over, persons physically or mentally unfit for employment, persons attending high school, persons participating strictly in the job training portion of on-the-job-training programs as opposed to the class attendance portion, persons enrolled in an institution of higher education as specified in Section 63-406.111(a)(1) less than half-time, persons enrolled in a regular curriculum in an institution of higher education as specified in Sections 63-406.111 and 63-406.111(a)(2) less than half-time, or to persons enrolled full-time in schools and training programs which are not institutions of higher education.

.121 If mental or physical unfitness for employment is claimed and the unfitness is not evident to the CWD, verification shall be required. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or a statement from a physician or licensed or certified psychologist.

.122 Participants in an on-the-job training program would have to meet the student eligibility requirements when they were only attending classes in an institution of higher education at least helf-time, and not involved in the training portion as specified in Section 63-406.12.

.2 Eligibility Requirements.

.21 In order to be eligible to participate in the Food Stamp Program, any student (as defined in Section 63-406.1) shall meet at least one of the following criteria on the date of the interview:

.211 Be employed for a minimum of twenty hours per week and be paid for such employment or, if self-employed, be employed for a minimum of 20 hours per week and receive gross weekly earnings at least equal to the federal minimum wage multiplied by 20 hours; (See Section 63-408.111 and Section 63-502.112).

.212 Be approved for state or federally financed work study for the current school term, as defined by the institution, and anticipate working during the term.

.213 Be exerting parental control over a dependent household member under the age of six. (See Section 63-102p.(1) for definition of parental control.)

.214 Be exerting parental control over a dependent household member who has reached age six but is under age 12 and the CWD has determined on a case-by-case basis that adequate child care services are not available (See Section 63-406.23) to enable the individual to attend class and work 20 hours per week or participate in a state or federally financed work study program during the regular school year.

.215 Be a recipient of AFDC.

.216 Be assigned to or placed in an institution of higher education through or in compliance with the requirements of Sections 63-406.216(a) through (e).

.217 Enrolled full-time in an institution of higher education and is a single parent with responsibility for the care of a dependent child under age 12.

.22 The enrollment status of a student shall begin on the first day of the school term of the institution of higher education. Once a student enrolls in an institution of higher education, such enrollment shall be deemed to continue through normal periods of class attendance, vacation and recess unless the student graduates, is suspended or expelled or drops out.

.221 Student eligibility criteria shall be applied on the date of the interview to all applicants who are students as defined in Section 63-406.1. The student eligibility criteria shall also be applied on the date of the interview to all applicants who are noncontinuing students in the final month of student status.

.23 In determining whether or not adequate child care services are available as required in Section 63-406.214, the following factors shall be considered:

.231 Accessibility of the child care facility to the child's home and school,

.232 Convenience for the student household member and suitability of the hours of the child care with respect to the student household’s member’s school schedule, and

.233 Appropriateness of the child care services to the age and special needs of the child.

.3 Ineligible Students

63-407 Work Registration Requirements∀ 58 / 89

.1 Persons Required to Register

.2 Work Registration Exemptions and Registration in Substitute Programs

.21 Except as specified in Section 63-407.24, the following persons are exempt from the food stamp work registration requirement:

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

.22 Loss of Work Registration Exemptions

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

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

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

.23 Substitute Programs

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

.24 CalWORKs Unpaid Community Service and Work Experience

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

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

.3 CWD Requirements

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

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

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

.313 Provide a written statement:

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

.4 Work Registrants Requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

.6 Ending a Disqualification Period

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

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

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

.7 Suitable Employment

.71 Any employment shall be considered unsuitable if:

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

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

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

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

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

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

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

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

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

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

.8 Food Stamp Employment and Training (FSET) Program

.81 CWD Screening

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

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

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

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

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

.82 Referral to FSET Program

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

.83 Participant Reimbursement

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

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

.84 Program Requirements

.841 Program Components

.842 County Administration

.843 Data Collection

.85 Participation Requirements

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

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

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

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

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

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

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

.86 Failure to Comply

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

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

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

.87 Ending Disqualification

.88 Determining Good Cause

.89 Other Program Requirements

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

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

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

.9 Optional Food Stamp Employment Programs

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

63-408 Voluntary Quit And Reduction Of Work Effort∀ 20 / 29

.1 General Rule

.11 Voluntary quit means resigning a job that is 30 hours or more per week or provides weekly earnings at least equivalent to the federal minimum wage multiplied by 30 hours. If the voluntary quit occurs within 60 days to the date of application for food stamps without good cause in accordance with Section 63-408.4, the application shall be denied for one, three, or six months as specified in Section 63-407.53.

.111 Changes in employment status that result from reducing hours of employment while working for the same employer, terminating a self-employment enterprise, or resigning from a job at the demand of the employer shall not be considered a voluntary quit for purposes of this section.

.112 If an individual quits a job, secures new employment that consists at least of the same number of hours or the same salary and is then laid off or, through no fault of his/her own, loses the new job, the earlier quit will not form the basis of a disqualification.

.12 A reduction of work effort means voluntarily decreasing the number of hours worked in paid employment to less than 30 per week. If the reduction in hours worked occurs within 60 days of the date of application without good cause as defined in Section 63-408.4, the application shall be denied for one, three, or six months as specified in Section 63-407.53.

.121 If an individual reduces hours while working in a job of less than 30 hours per week, a food stamp disqualification shall not be imposed. The minimum wage equivalency does not apply when determining a reduction in work effort.

.2 Good Cause Determination, Notification, and Disqualifications

.21 Applicant Household

.211 When a household applies for food stamp benefits, the CWD shall determine if any unemployed household member who is not exempt from work registration in accordance with Section 63-407.3, has voluntarily quit a job or reduced work effort within 60 days prior to the date of application without good cause as specified in Sections 63-408.11, .12, and .121. The CWD shall process the application within the time frames specified in Section 63-301 and shall not delay benefits pending a voluntary quit or reduction of work effort good cause determination.

.212 The CWD shall determine whether good cause exists in accordance with Section 63-408.4 upon determining an applicant voluntarily quit employment or reduced the number of hours being worked.

.213 If the CWD determines that a household member has voluntarily quit a job or reduced the number of hours being worked without good cause, the individual's food stamp application shall be denied for one, three, or six months in accordance with Section 63-407.531, .532, or .533. The first month of the disqualification period is the month in which the individual is determined ineligible. The individual is considered an ineligible household member in accordance with Section 63-402.228.

.214 If a voluntary quit or reduction in work effort occurred prior to certification, but is not discovered by the CWD until after certification, a food stamp disqualification shall be imposed in accordance with the procedures specified in Section 63-408.22.

.22 Recipient Households

.221 When the CWD learns that a recipient household has lost a source of earned income or has experienced a reduction in income, the CWD shall determine whether an individual, who is a work registrant in the household, has voluntarily quit a job or reduced work effort below 30 hours per week. The CWD shall determine whether there was good cause for the voluntary quit or reduced hours as defined in Section 63-408.4. Benefits shall not be delayed pending good cause determination.

.222 Upon a determination that the voluntary quit or reduction of work effort was without good cause, the CWD shall issue a notice of adverse action informing the household of the disqualification being imposed on the noncompliant work registrant. The notice shall be issued within 10 days of making the determination. In addition to the requirements specified in Section 63-504.21, the notice shall:

.223 If it is determined an individual, who is a work registrant, has voluntarily quit a job or reduced work effort to less than 30 hours per week without good cause as specified in Section 63-408.4, the individual is ineligible for food stamps and shall be excluded as a household member in accordance with Section 63-402.228.

.224 If the household member leaves the Food Stamp Program before the disqualification can be imposed, the period of ineligibility shall run continuously beginning with the first of the month after the expiration of the adverse notice period unless the disqualification is ended in accordance with Section 63-408.6.

.225 If the voluntary quit or reduction of work effort occurred in the last month of a certification period or is determined in the last 30 days of the certification period, disqualification requirements at Section 63-408.22 shall apply. The period of disqualification begins the day after the last certification period ends and continues for the length of the disqualification regardless of whether the individual reapplies for food stamps.

.3 Exemptions from Voluntary Quit and Reduction of Work Effort Disqualifications

.31 Individuals, who qualify for one of the work requirement exemptions at Section 63-407.21, shall be excused from the voluntary quit or reduction of work effort disqualification provision, and may regain food stamp eligibility by reapplying if otherwise eligible.

.4 Good Cause

.41 Good cause for voluntary quitting a job or reducing work effort shall include:

.42 The following shall not constitute good cause for leaving employment:

.5 Verification

.6 Ending a Disqualification for Voluntary Quit or Reduction of Work Effort

.61 Following the end of the minimum disqualification period specified in Section 63-407.531, .532, or .533, eligibility for food stamps may be reestablished if the individual, who is otherwise eligible, applies and is determined by the CWD to be in compliance with the food stamp work registration requirements provided in Section 63-407.4. In compliance means the individual is fulfilling one of the food stamp work registration requirements or agrees to fulfill the requirements as specified by the CWD at application.

.62 If at any time during the period of disqualification an individual qualifies for one of the work registration exemptions listed at Section 63-407.21, the disqualification period shall end and the individual may reestablish food stamp eligibility by reapplying if otherwise eligible.

.63 When an application is filed in the final month of a food stamp disqualification period, the CWD must use the same application for both the denial of food stamp benefits in the remaining disqualification month and for certification of benefits for the subsequent month(s) as specified in Section 63-503.14, which provides the provisions for determining household eligibility and benefit levels.

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

63-409 Income And Resource Maximums∀ 4 / 7

.1 Requirements for Participation

.11 Maximum Income Eligibility Standards

.111 Maximum Gross Income and Net Income Eligibility Standards

.112 Maximum Net Income Eligibility Standards

.12 Maximum Resource Eligibility Standards

.121 For all households, except as provided in Section 63-409.122, the resource limit shall be the amount specified in Handbook Section 63-1101.12.

.122 For any household which includes at least one elderly or disabled member, the resource limit shall be the amount specified in Handbook Section 63-1101.11.

63-410 Food Stamp Work Requirement For Able-Bodied∀ 31 / 45

.1 36-month Period Defined; Tracking ABAWD Compliance

.11 The 36-month period identified in Section 63-410 begins November 22, 1996 for all food stamp recipients who are subject to the ABAWD work requirement on that date and such persons’ compliance with this requirement shall begin on December 1, 1996. For all other food stamp applicants and recipients, the 36-month period begins on the first day of the first full calendar month such persons become subject to the ABAWD work requirement.

.12 The period identified in Section 63-410.11 is a fixed period which continues uninterrupted for 36 months regardless of the number of times an individual becomes exempt in accordance with Section 63-410.3 or leaves the Food Stamp Program and subsequently reapplies.

.13 A county is not required to begin tracking an individual’s food stamp eligibility based on compliance with, or exemption from, the ABAWD work requirement until the first month of the 36-month period identified in Section 63-410.11.

.14 Each month the CWD is required to update the appropriate screen in the Medi-Cal Eligibility Data System (MEDS) to indicate an individual’s work or exemption status. The update shall be done after the month’s food stamp issuance and before the next month’s food stamp issuance.

.2 Satisfying the ABAWD Work Requirement

.21 The ABAWD work requirement is fulfilled by performing one of the following:

.211 Working 20 hours or more per week (averaged monthly);

.212 Participating in a workfare program as defined in Section 20 of the Food Stamp Act (7 U.S.C. 2029) or in a comparable program. This includes workfare job search identified in Section 63-407.841(b)(1)(A); or

.213 Participating in an allowable “work program” for 20 hours or more per week (averaged monthly). For purposes of this section, an allowable work program means one of the following:

.22 Good Cause

.221 If an individual works an average of 80 hours per month but missed some scheduled work for a circumstance beyond his/her control and the absence is temporary and the individual retains his/her job, the individual shall have met the ABAWD work requirement for the month. As defined in Section 63-407.5, good cause for circumstances beyond the individual’s control includes, but is not limited to, illness, illness of another household member requiring the presence of the ABAWD, a household emergency, or the unavailability of transportation.

.222 An indiviual satisfying the ABAWD work requirement through FSET, who missed scheduled work in a month for a circumstance beyond his/her control provided in Section 63-410.221, shall have met the ABAWD work requirement and complied with the FSET assignment for that month.

.3 Exemptions

.31 Persons exempt from the work registration requirements as specified in Section 63-407.21;

.32 An individual who is:

.321 Under 18 or 50 years of age or over;

.322 Pregnant; or

.323 Any adult living in a household that contains a dependent child.

.33 Persons living in any portion of the state which has received Federal approval to waive application of the ABAWD work requirement shall also be considered exempt from the requirements of Section 63-410.

.34 Individuals who qualify for the 15 percent ABAWD exemption determined by the CWD. The number of individuals, who can be exempted by a CWD each year under this section, and the duration of these exemptions, are limited to the number of ABAWD exemption months allocated each year by CDSS to each CWD.

.35 Those months during which an individual is exempt for all or part of the month, in accordance with Section 63-410.3, shall not be considered in determining whether the participation requirement identified in Section 63-410 has been satisfied.

.36 Persons who become exempt after having lost eligibility in accordance with Section 63-410.4 or .522 are not subject to the ABAWD work requirement while exempt and may resume receiving food stamps by reapplying if otherwise eligible.

.4 Loss of Eligibility

.41 When the CWD determines that an individual has failed to meet the ABAWD work requirement for three countable months during the 36-month period identified in Section 63-410.1, the CWD shall issue a timely notice in the third month to discontinue the individual’s food stamp benefits. In addition to the timely and adequate requirements specified in Section 63-504.21, the notice shall:

.411 Identify the reason the individual’s food stamps are being discontinued;

.412 List those months for which the CWD has determined that the ABAWD work requirement was not satisfied;

.413 Provide that for any of the three countable months identified in Section 63-410.412 evidence may be presented that demonstrates the individual met or was exempt from the ABAWD work requirement, or that good cause existed in accordance with Section 63-410.221; and

.414 Specify how the individual may regain eligibility in accordance with Section 63-410.5.

.42 If the ABAWD provides evidence that demonstrates he/she should not lose food stamp eligibility, the CWD shall rescind the notice and restore any benefits that were inappropriately withheld.

.43 The period of ineligibility shall begin with the first full month following expiration of the adverse notice period, unless a state hearing is requested. If a state hearing is requested, benefits shall continue in accordance with Section 63-804.6.

.431 Each individual has a right to a state hearing to appeal a termination or reduction of benefits due to a determination of nonexempt status, or a determination of failure to satisfy the ABAWD work requirement.

.44 Determinations of ineligibility shall be made when the CWD becomes aware that a nonexempt recipient has failed to meet the requirements of Section 63-410.

.45 Repealed by Manual Letter No. FS-97-05, effective 11/16/97

.5 Regaining Eligibility

.51 An individual denied eligibility for failing to satisfy the ABAWD work requirement may regain eligibility if, during a 30-day period, the individual performs one of the following:

.511 Works for 80 or more hours;

.512 Participates in a workfare assignment.

.513 Participates in an allowable work program as defined in Section 63-410.213 for at least 80 hours.

.52 When, during the 36-month calendar period identified in Section 63-410.1, an individual stops performing the ABAWD work requirement after regaining eligibility in accordance with Section 63-410.51, the individual shall remain eligible for food stamps for a period of three consecutive countable months, beginning on the first month following the date the individual notifies the CWD or the CWD learns that the individual is not satisfying the ABAWD work requirement. The CWD shall provide a 10-day notice informing the individual of his/her change in status. If the individual has been meeting the ABAWD work requirement by participating in county workfare or another allowable work activity as specified in Section 63-410.213, the three consecutive countable months shall start the first month following the date the CWD notifies the individual that he/she is no longer meeting the ABAWD work requirement.

.521 The three-month period of eligibility identified in Section 63-410.52 is available to an individual only once during a 36-month period. Upon completion of this three-month period, an individual is ineligible for food stamps for the remainder of the 36-month period, unless he/she becomes exempt or satisfies the ABAWD work requirement for each month food stamps are requested.

.522 When an individual fails to satisfy the ABAWD work requirement after completion of the three-month period identified in Section 63-410.52, requirements at Section 63-410.4 shall apply. However, the notice required by Section 63-410.41 shall specify that the individual can only receive food stamps if one of the conditions identified in Section 63-410.521 is met.

.523 Repealed by Manual Letter No. FS-04-02, effective 1/16/04.

.53 Notwithstanding any other provision of this section, when an individual fails without good cause to comply with an ABAWD work requirement and the noncompliance is a sanctionable action under Section 63-407 or Section 63-408, the individual may not reestablish eligibility until the minimum sanction period identified in Section 63-407.53 is completed.

.6 Section 63-410.6(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

63-411 Cfap Work Requirements∀ 6 / 16

.1 CFAP recipients who are also CalWORKs recipients must comply with Welfare-to-Work (WTW) requirements contained in MPP Chapter 42-700.

.11 All WTW exemptions at Section 42-712 apply to CFAP recipients identified in Section 63-411.1.

.12 Repealed by CDSS Manual Letter No. FS-00-03, effective 3/2/00.

.121 Repealed by CDSS Manual Letter No. FS-00-03, effective 3/2/00.

.2 CFAP recipients who do not receive CalWORKs must satisfy the Able-Bodied Adult Without Dependents (ABAWD) work requirement defined at Section 63-410.

.21 Exemptions at Section 63-410.3 apply to ABAWD CFAP recipients.

.22 Effective April 1, 2003, if an ABAWD CFAP recipient begins receiving federal food stamps after reaching his/her five-year residency requirement, CWDs must establish a new 36-month period in accordance with Section 63-410.1 and begin tracking the 36-month calendar on the Medi-Cal Eligibility Data System (MEDS) as specified in Section 63-410.14.

.221 Repealed by CDSS Manual Letter No. FS-00-03, effective 3/2/00.

.222 Repealed by CDSS Manual Letter No. FS-00-03, effective 3/2/00.

.223 Repealed by CDSS Manual Letter No. FS-00-03, effective 3/2/00.

.224 Repealed by CDSS Manual Letter No. FS-00-03, effective 3/2/00.

.23 Repealed by CDSS Manual Letter No. FS-00-03, effective 3/2/00.

.3 Food stamp work registration requirements at Section 63-407 and voluntary quit and reduction of work effort requirements at Section 63-408 apply to CFAP recipients who do not receive CalWORKs.

.31 Repealed by CDSS Manual Letter No. FS-00-03, effective 3/2/00.

.32 Repealed by CDSS Manual Letter No. FS-00-03, effective 3/2/00.

.33 Repealed by CDSS Manual Letter No. FS-00-03, effective 3/2/00.

63-501 Resource Determinations∀ 2 / 5

.1 Definition of Resources

.11 Liquid resources, such as cash on hand, money in checking or savings accounts, savings certificates, trust deeds, notes receivable, stocks or bonds, non-recurring lump sum payments, funds held in individual retirement accounts (IRAs) and funds held in accessible Keogh plans.

.111 A nonrecurring lump sum payment includes, but is not limited to, income tax refunds, rebates or credits; retroactive lump-sum social security, railroad retirement benefits, or other payments; retroactive payments from the approval of an application for any assistance program; court ordered retroactive payments for any assistance program; supplemental or corrective payments received for a previous month from any assistance program; lump-sum insurance settlements; or refunds of security deposits on rental property or utilities. These payments shall be counted as resources in the month received, unless specifically excluded from consideration as a resource by other Federal law as specified in Section 63-501.3(l), Section 63-506, or Section 63-507.

.112 Accessible Keogh plans are those which are established solely between household members.

.113 In counting resources of households with IRAs or accessible Keogh plans, the CWD shall include the total cash value of the account or plan minus the amount of the penalty (if any) that would be exacted for the early withdrawal of the entire amount in the account or plan.

63-502 Income, Exclusions And Deductions∀ 5 / 7

.1 Income Definition

.11 Gross income shall include:

.111 All income from whatever source, except as specified in Section 63-502.12 and excluding only those items in Section 63-502.2.

.112 All earned income as specified in Section 63-502.13 and all unearned income as specified in Section 63-502.14.

.12 Income shall not include the following:

.121 Monies withheld from an assistance payment, earned income, or other income source, or monies received from any income source which are voluntarily or involuntarily returned, to repay a prior overpayment received from that income source, provided that the overpayment was not excludable under Section 63-502.2, or due to the household’s failure to comply as specified in Section 63-502.17.

.122 Child support payments received by AFDC recipients, directly from a nonhousehold member, which must be transferred to the District Attorney's office or other county agency administering Title IV-D (Child Support Requirements) of the Social Security Act, to maintain AFDC eligibility.

63-503 Determining Household Eligibility And Benefit Levels∀ 38 / 58

.1 Month of Application

.11 A household's eligibility shall be determined for the month of application by considering the household's circumstances as of the date of interview, except as specified in Sections 63-402.9 (Strikers), 63-408 (Voluntary Quit), 63-501.6 (Resource Transfers), 63-503.212 (Income Determinations), and 63-503.43 (Destitute Households), and 63-301.7 and .82 (Categorically Eligible Households).

.12 A calendar month shall be used for certification and issuance purposes. However, a CWD may, with prior SDSS and FNS approval, use a fiscal month if the CWD determines that it is more efficient and satisfies SDSS that the accounting procedures fully comply with certification and issuance requirements contained in these regulations. A CWD may elect to use either one fiscal month for all households, or more than one fiscal month with varying beginning dates based on the date a household files an application.

.13 A household's benefit level for a) the initial month of certification, or b) the first month for which the household is certified for participation in the Food Stamp Program following any period during which the household was not certified for participation, shall be prorated from the date the application is received in the appropriate office. However, if processing of the application was delayed beyond 30 days due to the fault of the household, the benefit level shall be prorated from the date the CWD received verification that the household completed the required action, as specified in Section 63-301.423. Migrant and seasonal farm worker households which have a break in participation of 30 days or less shall not have their benefits prorated. They shall receive benefits for the whole month.

.131 Using a calendar or fiscal month, households shall receive benefits prorated from the date of application to the end of the month, except as specified in Section 63-503.13. The CWDs shall either:

.132 After determining the prorated allotment, the CWD shall round the product down to the nearest lower whole dollar. If the computation results in an allotment of less than $10, then no issuance shall be made for the whole month.

.14 Section 63-503.14(MR) shall become inoperative and Section 63-501.14(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director’s QR/PB Declaration.

.141 Section 63-503.141(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director’s QR/PB Declaration.

.15 Section 63-503.15(MR) shall become inoperative and Section 63-501.15(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director’s QR/PB Declaration.

.151 Section 63-503.151(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.16 Households who apply for benefits after the 15th day of the month, and have been determined eligible to receive benefits for the initial month and the subsequent month, shall receive both allotments at the same time.

.161 CWDs have the option to provide both months' benefits in one combined allotment or as separate allotments as long as they are provided at the same time and within the time frame specified in Section 63-301.2 or Section 63-301.531 for expedited service.

.162 Benefits for the prorated initial month shall be provided in accordance with Section 63-503.13.

.2 Determining Resources, Income and Deductions

.21 Sections 63-503.21 et seq.(MR) shall become inoperative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.22 Sections 63-503.22 et seq.(MR) shall become inoperative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.23 Sections 63-503.23 et seq.(MR) shall become inoperative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.24 Section 63-503.24(MR) shall become inoperative and Section 63-503.24(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.241 Determining Resources

.242 Determining Income

.25 Section 63-503.25(MR) shall become inoperative and Section 63-503.25(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.251 Billed Expenses

.252 Averaging Expenses

.253 Anticipating/Estimating Expenses

.254 Section 63-503.254(MR) shall become inoperative and Section 63-503.254(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.255 Section 63-503.255(MR) shall become inoperative and Section 63-503.255(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.3 Calculating Net Income and Benefit Levels

.31 Net Monthly Income

.311 Section 63-503.311(MR) shall become inoperative and Section 63-503.311(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.312 Section 63-503.312(MR) shall become inoperative and Section 63-503.312(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.32 Eligibility and Benefits

.321 Sections 63-503.321(a) et seq.(MR) shall become inoperative and Section 63-503.321(a) (QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.322 Section 63-503.322 et seq.(MR) shall become inoperative and Section 63-503.322 et seq.(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.323 To determine the eligibility of a household in which all members are elderly or disabled as defined in Section 63-102(e), the CWD shall apply the net monthly income eligibility standards, as specified in Section 63-503.322.

.324 Section 63-503.324(MR) shall become inoperative and Section 63-503.324(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.325 Section 63-503.325(MR) shall become inoperative and Section 63-503.325(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.326 Section 63-503.326(MR) shall become inoperative and Section 63-503.326(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.327 Section 63-503.327(MR) shall become inoperative and Section 63-503.327 et seq.(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.328 Section 63-503.328(MR) shall become inoperative and Section 63-503.328(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.329 Section 63-503.329(MR) shall become inoperative and Section 63-503.329(QR) shall become operative in a county on the date QR/PB becomes effective in that county, pursuant to the Director's QR/PB Declaration.

.4 Households with Special Circumstances

.41 Households with Self-Employment Income

.411 Households with Self-Employment Income

.412 Averaging Self-Employment Income Received Less Often Than Monthly

.413 Allowable Cost of Producing Self-Employment Income

.414 Capital Gains

.415 Determining Monthly Income from Self-Employment

.416 If the CWD determines that a household is eligible based on its monthly net income, the CWD may elect to offer the household an option to determine the benefit level by using either the same net income which was used to determine eligibility, or by prorating the household’s total net income over the period for which the household’s self-employment income was averaged to more closely approximate the time when the income was actually received. If income is prorated, the net income assigned in any month cannot exceed the maximum monthly income eligibility standards for the household size.

.42 Households with Boarders (Noncommercial)

.421 Income from the Boarder

.422 Cost of Doing Business

.423 Deductible Expenses

.43 Destitute Households

.431 Migrant or seasonal farmworker households whose only income for the month of application was received prior to the date of application, and was from a terminated source, shall be considered destitute households and shall be provided expedited service.

.432 Households whose only income for the month of application is from a new source shall be considered destitute and shall be provided expedited service if income of more than $25 from the new source will not be received by the 10th calendar day after the date of application.

.433 Households may receive both income from a terminated source prior to the date of application and income from a new source after the date of application, and shall still be considered destitute if income of more than $25 will not be received by the 10th day after the date of application and no other income will be received in the month of application.

.434 Destitute households shall have their eligibility and level of benefits calculated for the month of application by considering only income which is received between the first of the month and the date of application. Any income from a new source that is anticipated after the date of application shall be disregarded.

.435 Some employers provide travel advances to cover the travel costs of new employees who must journey to the location of their new employment. To the extent that these payments are excluded as reimbursements, receipt of travel advances will not affect the determination of when a household is destitute. However, if the travel advance is by written contract an advance on wages that will be subtracted from wages later earned by the employee, rather than a reimbursement, the wage advance shall count as income. In addition, the receipt of a wage advance for the travel cost of a new employee shall not affect the determination of whether subsequent payments from the employer are from a new source of income, nor whether a household shall be considered destitute.

Eas315 sections