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.1 All net income of persons included in the Assistance Unit is income to the Assistance Unit.
.2 Income in Cases in Which the Assistance Unit Resides in the Same Household as an SSI/ SSP or Cash Assistance Program for Immigrants (CAPI) Recipient
.21 The aid payment and income of an SSI/ SSP or CAPI recipient shall not be included in the Assistance Unit's income and grant computation.
.22 Lump sum retroactive SSI/ SSP or CAPI payments received by a recipient are not countable income to the Assistance Unit.
.23 Payments for goods or services by an SSI/ SSP or CAPI recipient to a CalWORKs cash aid recipient are income to the Assistance Unit.
.24 Income derived from an interest in the community or joint property of an SSI/ SSP or CAPI recipient and a CalWORKs cash aid recipient is prorated between owners and the CalWORKs cash aid recipient's share is countable income to the Assistance Unit.
.25 Actual voluntary contributions made by an SSI/ SSP or CAPI recipient to a cash aid recipient are income to the Assistance Unit. This does not include pooled income to meet shared living expenses, or payments for living expenses made in lieu of other payments in a shared living arrangement. However, no contribution will be required of the SSI/ SSP or CAPI recipient.
.26 If a CalWORKs cash aid applicant is determined to be eligible for cash aid and is included in the assistance unit, income of the cash aid applicant (including income considered available from a stepparent under provisions of Section 44-133.511 or a senior parent under provisions of Section 89-201.5) that may have been used in computing an SSI/ SSP or CAPI grant for another person will be included in the CalWORKs grant computation. The county shall notify the Social Security Administration or the appropriate CAPI worker as to the effective date that the income is used in the CalWORKs grant computation so that such income may be deleted from the SSI/SSP or CAPI grant computation.
.27 The county shall notify the Social Security Administration of the effective date that a CalWORKs cash aid recipient and any of their income is deleted from the Assistance Unit because of receipt of SSI/SSP, if the recipient has income which was used in the CalWORKs grant computation. This is necessary so that the Social Security Administration may begin to consider the income. No retroactive adjustment of the CalWORKs grant shall be made because of receipt of SSI/SSP if the grant was correctly computed during the period the SSI/SSP application was pending.
STANDARDS OF ASSISTANCE
(Continued)
.3 Income of Children, Non-Minor Dependents and Non-Minor Former Dependents in Foster Care, Extended CalWORKs or Kin-GAP
.31 All net income received by or on behalf of children in foster care or Kin-GAP shall be considered income to the child and shall not be included in the AU's income and grant computation.
.32 Income received by a non-minor dependent shall not be included in the income and grant computation for the non-minor dependent receiving extended CalWORKs benefits.
.321 The non-minor dependent is not precluded from receiving both SSI/SSP and extended CalWORKs. The SSI/SSP aid payment shall not be included in the income and grant computation for the non-minor dependent receiving extended CalWORKs benefits.
.33 Income received by a non-minor dependent or non-minor former dependent shall not be included in the income and grant computation for the caretaker relative's AU, if the relative continues to be aided.
.4 Income in Cases in Which a Parent or Child Has Been Sanctioned or Penalized
.41 Income of persons living in the home, who are required to be in the AU but who have been sanctioned or penalized is available to the AU. The needs of these individuals are not considered except for persons in an AU that are being penalized for failure to cooperate with child support. Actions which are subject to sanction or which constitute a failure to cooperate include, but are not limited to, any one of the following:
.411 Failing or refusing, without cause, to comply with welfare-to-work requirement. (See Section 42-721).
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STANDARDS OF ASSISTANCE
(Continued)
.412 Refusing to furnish or cooperate in securing a social security number for themselves. (See Section 40-105.2).
.413 Refusing to assign rights to child and spousal support payments. (See Section 82-510).
.414 Refusing to take actions necessary to obtain unconditionally available income. (See Section 82-610).
.415 Refusing or failing to attend school regularly or cooperate in verifying school attendance. (See Section 40-105.5).
.416 Refusing or failing to submit verification of immunization for AU children under age 6. (See Section 40-105.4(j).
.417 Committing an Intentional Program Violation (IPV)
.5 Income and Needs in Cases in Which a Person is Excluded
.51 The income of a parent is considered when that parent is living in the home but is excluded from the AU. A parent's needs shall only be considered if they have income unless the parent is an ineligible noncitizen parent as specified in Section 44-133.521. This section does not apply to parents excluded for the following reasons: a) a sanction; b) being a recipient of another aid program; or c) being a member of a different AU. See MPP Section 44-133.8 for treatment of income and needs of timed-out adults. Parents whose needs and income are considered include, but are not limited to:
.511 A stepparent who is the spouse of the applicant and/or recipient child's parent when the child's parent is residing in the home and the stepparent is not the parent of any natural or adoptive children who are required to be included in the AU.
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STANDARDS OF ASSISTANCE
.512 Natural or adoptive parents who are excluded by law.
.513 Senior parents excluded from the minor parents' AU.
.514 The other parent of the unborn children in Pregnant Person Only cases.
.515 Spouses of aided children in their parents' AU when the spouse does not have a child in the AU.
.52 The needs of the following persons shall be considered in the family MAP (recipient cases) or MBSAC (applicant cases). The family MAP/MBSAC shall include:
.521 The needs of the following ineligible noncitizens who are related to the AU and who, but for their noncitizen status, would be eligible for aid:
(a) An ineligible noncitizen spouse of an AU member.
(b) An ineligible noncitizen parent of a child in the AU.
(c) An ineligible noncitizen parent of an ineligible noncitizen child in common who is deprived of parental support and care.
(d) An ineligible noncitizen child of an AU member.
(e) An ineligible noncitizen child who is the sibling or half sibling to a child in the AU, and
.522 The needs of AU members other than those specified at Section 44-133.4, and
.523 The needs of the persons excluded from the AU, specified at Section 44-133.51, whose income is being considered, and
.524 The needs of any excluded children of the persons identified in Sections 44-133.51 and .521 whose income is being considered, or other dependents living in the home who could be claimed by the person for tax purposes, and
.525 The needs of any excluded spouse of the persons identified in Sections 44-133.51 and .521 whose income is being considered.
.53 The income of excluded children not required to be in the AU is excluded unless the needs of that child are considered as specified in Section 44-133.521. (See student exemption disregard at Section 44-111.22 for earnings of a child.)
STANDARDS OF ASSISTANCE
HANDBOOK BEGINS HERE
.54 The following examples are provided to illustrate how to determine financial eligibility for the family in accordance with Sections 44-207.1 and .2 and the aid payment computation in accordance with Section 44-315.
Example 1: Family with No Ineligible Non-Citizen Members
An AR/CO timed-out applicant parent applies on behalf of their three dependent children. Also living in the home is a stepparent and the stepparent’s separate child. The stepparent earns $2,500 per month from full-time employment. The parent receives $300 per month in State Disability Insurance benefits. No other income is received by family members. The AU resides in Region 1 and is eligible for Exempt MAP.
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STANDARDS OF ASSISTANCE
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Applicant Eligibility Determination:
$2,500 Earned Income
- 450 $450 Earned Income Disregard
$2,050 Net Nonexempt Earned Income
$+ 300 Disability-Based Income (Not subject to $600 Disregard at application)
$2,350 Total Net Nonexempt Income
$2,083 Region 1 MBSAC for Five (Includes AU and Non-AU Family Members)
Family is ineligible for CalWORKs (Net Nonexempt Income exceeds the MBSAC for Five).
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STANDARDS OF ASSISTANCE
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Example 2: Family with Ineligible Non-Citizen Members and Stepparent with No Income
An AR/CO timed-out parent of three children has earnings of $800 per month and the income is reasonably anticipated to continue for the AR/CO Payment Period. Two parents’ children are U.S citizens and the third child is an ineligible non-citizen with absent parent deprivation. The parent receives direct child support in the amount of $85 per month for the ineligible non-citizen child. Also in the home is a stepparent who is an ineligible non-citizen. The stepparent does not have any income. The family lives in Region 1 and does not have exempt status.
Applicant Eligibility Determination
$ 800 Actual Earned Income of Parent
- 450 Applicant Earned Income Disregard
$ 350 Subtotal
+ 0 Amount of Child Support for Applicant Eligibility
$ 350 Total Net Nonexempt Income
$ 350 Total NNI is less than the $2,083 Region 1 Nonexempt Family MBSAC for four, family passes applicant test.
HANDBOOK CONTINUES
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STANDARDS OF ASSISTANCE
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Recipient Financial Eligibility Test
$ 800 Monthly Earned Income of the Time-out Parent
- 600 $600 Unused DBI Disregard
$ 200 Subtotal
- 100 50% Earned Income Disregard
$ 100 Net Nonexempt Earned Income
+ 0 Amount of Child Support applied
$ 185 Total Net Nonexempt Income (rounded down)
$ 185 Total NNI is less than $1,308 Region 1, Nonexempt Family MAP for four, family passes recipient financial eligibility test
Grant Computation
$1,308 Region 1, Nonexempt Family MAP for Four
- 185 Total Net Nonexempt Income
$1,123 Potential Grant
$ 733 MAP for AU of Two (includes parent and two U.S. citizen children)
$ 733 Aid Payment is the Lesser of the Potential Grant or MAP for the AU
Example 3: Family with Ineligible Non-Citizen AU Members and Stepparent with Income and Excluded Dependents
A SAR recipient parent receives aid for themself and one child. The parent has earnings of $975 per month that is reasonably anticipated to continue at the same amount during the SAR Payment Period. Also living in the home are: 1) the ineligible non-citizen spouse of the aided parent; 2) the aided parent's ineligible non-citizen child in-common with no deprivation; 3) the aided parent's ineligible non-citizen child in-common who has no deprivation; and 4) a separate ineligible non-citizen child of the spouse. The spouse has $375 per month earned income that is reasonably anticipated to continue at the same level during the SAR Payment Period. The family is nonexempt and lives in Region 1.
Eligibility/Grant Computation
Step 1 $1,350 Family's Monthly Earned Income
- 600 $600 Unused DBI Disregard
$ 750 Subtotal
- 375 50% Earned Income Disregard*
$ 375 Net Earned Income
$ 375 Total Family Net Nonexempt Income*
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STANDARDS OF ASSISTANCE
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Step 2 $1,499 Family MAP for Six (All excluded dependents of the stepparent are included, regardless of deprivation since the stepparent's income is used.)
- 375 Total Family Net Nonexempt Income
$1,124 Potential Grant
Step 3 $ 733 AU MAP for Two
$1,124 Potential Grant
$733 Aid Payment (lesser of AU MAP or potential grant)
* 50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34
Example 4: Family with Ineligible Non-citizen AU Members and Stepparent with Income and Excluded Dependents
An AR/CO timed-out parent receives aid for their two children. The parent has earnings of $975 per month that is reasonably anticipated to continue at the same amount during the AR/CO Payment Period. Also living in the home are: 1) the ineligible non-citizen spouse of the unaided parent; 2) the unaided timed-out parent’s ineligible non-citizen child in common with no deprivation; 3) the unaided timed-out parent’s citizen child in common who has no deprivation; and 4) a separate ineligible non-citizen child of the spouse. The spouse has $375 per month earned income that is reasonably anticipated to continue at the same level during the AR/CO Payment Period. The family is nonexempt and lives in Region 1.
Eligibility Grant Computation
Step 1 $1,350 Family's Monthly Earned Income
- 600 $600 Unused DBI Disregard
$ 750 Subtotal
- 375 50% Earned Income Disregard*
$ 375 Net Earned Income
$ 375 Total Family Net Nonexempt Income*
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STANDARDS OF ASSISTANCE
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Step 2 $1,499 Family MAP for Six (All excluded dependents of the stepparent are included, regardless of deprivation since the stepparent's income is used.)
- 375 Total Family Net Nonexempt Income
$1,124 Potential Grant
Step 3 $ 733 AU MAP for Two
$1,124 Potential Grant
$ 733 Aid Payment (lesser of AU MAP or potential grant)
*50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: MPP Section 44-315.34
HANDBOOK ENDS HERE
.55 When an excluded family member whose needs must be considered shares the same familial relationship with more than one AU and the members of the AUs live in the same home, the parents shall determine in which AU the needs of the non-AU family member shall be included.
HANDBOOK BEGINS HERE
Example:
A parent (parent #1) with one child (AU #1) has an ineligible noncitizen child in common with an unmarried parent (parent #2) who receives aid for their separate child (AU #2) in separate AUs. The ineligible noncitizen child has deprivation due to unemployed parents. Parent #1 has earned income and parent #2 who is the principal wage earner, is unemployed and receives UIB unearned income. The parents shall decide in which AU to include the ineligible noncitizen common child's needs.
HANDBOOK ENDS HERE
.6 Income of a Nonneedy Caretaker Relative Other than the Parent
.61 The amount by which a nonneedy relative, other than a parent with whom the child lives, is able and willing to meet the child's needs is income to the Assistance Unit.
STANDARDS OF ASSISTANCE
.7 Income in Cases Where a Noncitizen Has Been Sponsored for Entry into the United States
.71 When a noncitizen is sponsored by an individual as defined in Section 43-119.2 the income of their sponsor who is not receiving cash aid, SSI or other public cash assistance payments (such as General Assistance) and the income of the sponsor's spouse who lives with the sponsor and who is not receiving such public cash assistance payments shall be deemed to be the sponsored noncitizen's income. This income is determined as follows:
.711 Determine the total amount of unearned income of the sponsor and their spouse.
.712 Determine the total amount of income received by the sponsor and their spouse, such as wages or salary, or as net earnings from self-employment. See Section 44-113.212.
.713 If the sponsor is the sponsor of more than one noncitizen, divide the total gross income by the total number of sponsored noncitizens who are applying for or receiving cash aid. This amount shall be deemed to be the income of each applicant or recipient who is a sponsored noncitizen.
.714 When the sponsored noncitizen is not included in the AU (see Section 82-832), the portion of their income, which has been deemed from the sponsor, shall not be used in determining their contribution to the AU unless such income is actually available to the AU.
.715 When the sponsored noncitizen is a member of the AU, this deemed income from the sponsor shall be treated as unearned income in accordance with Sections 44-113 and 133.7.
.716 If the sponsor is either an excluded parent or stepparent, their income shall be treated in accordance with the excluded parent or stepparent deeming computation. See Section 44133.5.
.72 Repealed by CDSS Manual Letter No. EAS-01-09, effective 10/10/01.
.8 Income and Needs of Timed-Out Adults.
Income and needs of adults living in the home who have been removed from the AU due to exhausting the CalWORKs 60-month time limit shall be treated as follows:
.81 Parents otherwise required to be in the AU. Net non-exempt income of timed-out parents who are otherwise required to be in the AU and living in the home shall be considered available to the AU. The needs of these parents shall not be considered when calculating the grant for the aided AU members.
STANDARDS OF ASSISTANCE
.82 Non-parent caretaker relatives. Timed-out non-parent caretaker relatives living in the home are no longer eligible to be optional AU members, and their income and needs shall not be considered when calculating the grant for the aided AU members. Timed-out non-parent caretaker relatives living in the home should receive the exempt MAP as a non-needy caretaker relative.
.83 Stepparents not required to be in the AU. Timed-out stepparents not required to be in the AU and living in the home are no longer eligible to be optional AU members, and their net non-exempt income and needs shall be treated in accordance with the provisions of MPP Sections 44-133.51 and 44-133.511.
.84 See MPP Sections 42-301 and 82.833.1 for regulations regarding timed-out adults. For timed-out adults whose income must be considered in the AU’s grant computation, net nonexempt income shall be determined as specified at MPP Section 44-113.2.
NOTE: Authority cited: Sections 10553, 10554, 10604, and 11369, Welfare and Institutions Code. Reference: Sections 10063, 10553, 10604, 11008.14, 11017, 11253.3(a), 11254, 11320.15, 11450, 11450.025, 11451.5, 11452, 11453, 11454, 11486, 18937, 18940, and 11371, Welfare and Institutions Code; 45 CFR 205.50(a)(1)(i)(A); 45 CFR 233.20(a)(1)(i); 45 CFR 233.20(a)(3)(ii)(C), (a)(3)(vi)(B), (a)(3)(xiv), (a)(3)(xiv)(B), and (xviii); 45 CFR 233.50(A)(c); and 45 CFR 233.90(c)(2)(i); Family Support Administration Action Transmittal 91-15 (FSA-AT-91-15), dated April 23, 1991; and Omnibus Budget Reconciliation Act (OBRA) of 1990; U.S. Department of Health and Human Services Federal Action Transmittal No. FSA-AT-91-4 dated February 25, 1991; Simpson v. Hegstrom, 873 F.2d 1294 (1989); Ortega v. Anderson, Case No. 746632-0 (Alameda Superior Court) July 11, 1995; and Federal Register, Vol. 58, No. 182, pages 49218 - 20, dated September 22, 1993; 8 U.S.C. 1631, 42 U.S.C. 602(a)(39), and 42U.S.C. 1382(c)(5).
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