us-ca/regulation/mpp/63-407 — 63-407 WORK REGISTRATION REQUIREMENTS

.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.