40-105 APPLICANT AND RECIPIENT RESPONSIBILITY

(a) apply directly to a local office of the Social Security Administration (SSA); and submit verification of such completed application to the county within 30 days following the date of application for assistance before aid may be authorized. A completed application means an application that has been accepted by the SSA for processing; and,

(b) furnish the SSN to the county when received.

(c) See .221 below for a child(ren) who has been enumerated at birth through the Enumeration at Birth (EAB) Project.

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.22 Verification of a completed SSN application on behalf of a newborn child(ren) to be added to the AU shall be submitted to the county no later than the last day of the month following the month in which the mother is released from the hospital.

.221 When a newborn child has been enumerated at birth, Form SSA 2853 is acceptable proof of application if it contains the name of the newborn, as well as the date and signature of an authorized hospital official.

(a) The SSN shall be furnished to the county within six months after receipt of the number or at redetermination, whichever occurs first.

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.222 (a) Example: A parent was discharged from the hospital on February 15, they have through March 31 to apply for an SSN for the newborn and submit verification of a completed application.

(b) Example: A parent gave birth on May 8, but was not released from the hospital until May 20. The parent reported the birth of the child in May requesting that the child be added to their grant. The time period to apply for an SSN for the child and submit verification of a completed application to the county begins on May 21 and ends on June 30.

(c) Example: Same scenario as above, but the parent remained in the hospital until June 2 due to complications. The parent has through July 31 to apply for an SSN for the child and submit verification of a completed application.

(d) NOTE: For further information, see "Beginning Date of Aid", Section 44317.

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RECEPTION AND APPLICATION

.23 An applicant/recipient is ineligible for aid if they refuse to comply with the requirements of .21 above. Where the refusal relates to an otherwise eligible child, that child is ineligible for aid. (See Section 82-832.24.)

.24 As a condition of eligibility, each AFDC-FC applicant or recipient shall have an SSN.

.241 For children applying for or receiving AFDC-FC, where a parent(s), legal guardian, or relative, is not available or not cooperating, the placing agency representative, on behalf of the child shall obtain or make application for the SSN.

(a) To satisfy the requirement specified in .24 above when the absence of identifying information prevents the placing agency representative from obtaining an SSN for an abandoned child, the eligibility case file shall contain documentation of the attempt to apply for an SSN for the child, including the date the attempt was made, and the reason the attempt was unsuccessful.

.25 As a condition of eligibility, applicants for and recipients of CalWORKs shall cooperate in resolving any discrepancies regarding SSNs, such as discrepancies arising from a cross-check of agency SSN files with those of the SSA. When there is a failure to cooperate, aid shall be denied or discontinued only for the member(s) of the AU whose SSN(s) is in question.

.251 Once a recipient has been discontinued for not cooperating, aid may not be granted until the recipient has demonstrated that he/she is cooperating.

.26 Individuals identified in Section 42-431.23, who are state-funded, are not required to meet this requirement.

RECEPTION AND APPLICATION

.3 Identity Verification Requirements

.31 As a condition of eligibility, persons listed in Section 40-105.32 must present a form of photo identification at the time of application. Failure to provide the required identification will result in ineligibility for the entire assistance unit. Photo identification must be submitted:

.311 In person; or

.312 Via a virtual method that allows the county worker to view and identify the applicant or recipient presenting the photo identification. Virtual methods include, but are not limited to, electronic computerized, videoconferencing, and/or smartphone application methods such as:

(a) WebEx;

(b) Microsoft Teams;

(c) Zoom; and

(d) Facetime.

.313 Applicants or recipients shall be allowed to choose the method to present photo identification provided the method is available to both the county and applicant or recipient and meets the above requirements. Counties shall not establish only a limited number of virtual methods or attempt to restrict applicants or recipients from utilizing valid methods.

.32 The following persons must provide photo identification:

.321 Each parent and/or caretaker relative of an aided or applicant child when living in the home of the child; and

.322 Each parent and/or caretaker relative receiving or applying for aid on the basis of an unaided excluded child; and

.323 Each aided or applicant adult; and

.324 The aided or applicant pregnant person in an AU consisting of the pregnant person only.

.33 The following persons are exempted from the rule in Section 40-105.32:

.331 Non-minor dependents are exempt from providing photo identification as long as they meet the non-minor dependent eligibility criteria and continue to be aided as a non-minor dependent in the CalWORKs program.

RECEPTION AND APPLICATION

.332 A non-needy caretaker relative applying for a relative foster child.

.333 An applicant who previously received CalWORKs, CalFresh, or Medi-Cal, is already known to the SAWS, and whose photo identification is part of the case file.

.34 Counties shall issue aid to the applicant prior to the applicant presenting their photo identification, under the following circumstances:

.341 The applicant is in immediate need of benefits pursuant to MPP Section 40-129. The county shall verify the applicant's eligibility for aid and verify identity within 15 working days from the date of receipt of the Immediate Need payment request.

.342 The applicant is applying remotely through telephonic or other electronic means. The applicant must present their photo identification within 15 working days for benefits to be continued.

.343 When acceptable photo identification does not exist, any applicant's sworn statement under penalty of perjury regarding identity shall be considered sufficient. However, the applicant must present their photo identification within 15 working days for benefits to be continued. If the applicant presents evidence of good faith efforts to obtain photo identification, the county shall continue aid.

.35 Acceptable forms of photo identification may include, but are not limited to:

.351 Driver’s License

.352 Photo Identification (from government agency, school, etc.)

.353 Passport

.354 USCIS (formerly INS) documents with photo

.36 When the county has determined the applicant or recipient has made a good faith effort to obtain the evidence and a third party imposes a fee to obtain the evidence, the county shall pay the fee on behalf of the applicant or recipient.

.37 Photo identification information shall be considered confidential under Section 10850 of the Welfare and Institutions Code.

.371 The county shall not use or disclose the identification collected for any purpose other than the prevention or prosecution of fraud.

.372 The county shall inform all persons required to provide photo identification that the images will be used only for the purpose of prevention or prosecution of welfare fraud.

RECEPTION AND APPLICATION

.4 Immunization Requirements

(a) All applicants/recipients shall provide verification, as specified in Section 40-105.4(d), that all children under the age of six in the AU have received all age-appropriate immunizations.

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(1) Applicants/recipients who have made a good faith effort to initiate immunizations for a child(ren) in the AU, but the child(ren) cannot complete the series because of a spacing requirement between vaccine doses, may be considered at that point to have received "all age-appropriate immunizations." Good faith effort may also apply in cases where the vaccine is not available.

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(b) Age-Appropriate Immunizations

The age-appropriate immunizations for children under the age of six and for children not immunized in the first year of life that are listed in the following two charts are those suggested by the Childhood Immunization Schedule (United States), by the Advisory Committee on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians and are described in Welfare and Institutions Code Section 11265.8(b)(1). These charts are provided as an aid to the county in complying with the verification requirement of MPP Section 40-105.4(a) and are not intended to be mandatory in every case. Rather, they are recommended guidelines that would be applied as appropriate by each child's medical care provider.

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(1) Immunizations currently recommended for children under the age of six.

TYPE OF SHOT | DOSE | RECOMMENDED AT Polio (or OP V, TOPV, IPV, Sabin, Salk) | 1st 2nd 3rd 4th | 2 months 4 months 6-18 months Before starting school (4-6 years) D T aP (DPT) (diphtheria, tetanus and pertussis) | 1st 2nd 3rd 4th 5th | 2 months 4 months 6 months 15-18 months Before starting school (4-6 years) MMR (measles, mumps, and rubella) | 1st 2nd | 12-15 months Before starting school (4-6 years) Varicella Virus Vaccine* (or VAR, V Z V) (chicken pox) | 1st | 12-18 months Hepatitis B | 1st 2nd 3rd | At birth - 3 months 1-5 months 6-18 months Hemophilus influenzae type b (or Hib) | 1st 2nd 3rd 3rd or 4th | 2 months 4 months 6 months ( may not be required) 12- 15 months ( if any dose is given after 12 mos. no further doses needed)

Recommended Childhood Immunization Schedule (United States), approved (January, 1999) by the Advisory Committee on Immunization Practices (ACIP), and the American Academy of Pediatrics, and the American Academy of Family Physicians (AAFP).

(*The varicella virus vaccine is only required for susceptible children, i.e., those who have not had the chickenpox.)

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(2) This schedule is recommended for children who have not received any immunizations in the first year of life. If the child has received some, but not all, of the recommended immunizations by their first birthday, the recommended schedule will depend on which immunizations the child is missing and the child's age. A health care provider should be consulted to determine the appropriate immunizations. After these immunizations have been completed, refer to Schedule I for immunizations to be completed.

RECOMMENDED IMMUNIZATION SCHEDULE FOR CHILDREN

NOT IMMUNIZED IN THE FIRST YEAR OF LIFE

VISIT | WHEN | VACCINES WHICH MIGHT BE GIVEN First Visit | Hepatitis B DTa P (or DTP) Hib Polio (or O PV, TOPV, IPV, Sabin, Salk MMR Varicella (or VAR, VZV) (chickenpox) Second Visit | 1 - 2 months after 1st visit | Hepatitis B D T aP (or DTP) Hib Polio (or O PV, TOPV, IPV, Sabin, Salk Third Visit | 1 - 2 months after 2nd visit | D T aP (or DTP) Polio (or O PV, TOPV, IPV, Sabin, Salk Fourth Visit | 6 months after 3rd visit | Hepatitis B D Ta P (or DTP)

Approved by the Advisory Committee on Immunization Practices (ACIP), and the American Academy of Pediatrics and the American Academy of Family Physicians (AAFP. (Note: Delays between doses do not require repeating doses or re-starting series. Hib Schedules vary by age when series started.)

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RECEPTION AND APPLICATION

(c) Informing Requirements

At the time of application and at redetermination, all applicants and recipients shall receive a notice informing them of their obligation to secure age-appropriate immunizations for all children in the AU under the age of six.

(1) The notice shall inform them of:

(A) Their obligation to secure immunizations for all children in the AU under the age of six and the penalty for failure to comply;

(B) The age-appropriate immunizations;

(C) Their right to file an affidavit claiming that immunizations are contrary to their personal and/or religious beliefs or for medical reasons; and

(D) How immunizations may be obtained through a fee-for-service provider that accepts Medi-Cal, a Medi-Cal managed care plan, a county public health clinic, or any other source that may be available to the county as appropriate.

(d) Verification

As specified in Section 40-105.4(e), verification of immunization is required at initial application, when adding a child under the age of six to the AU, and at redetermination. Verification of immunizations, as defined by the county, must be submitted until the child(ren) completes all age-appropriate immunizations or the child(ren) reaches the age of six. For intercounty transfer cases, an applicant/recipient, who has submitted verification of age-appropriate immunizations in the first county and that county has determined it to be adequate, shall not be required to resubmit duplicate verification in the second county. See Section 40-188.136.

(e) Time Frames

Applicants/recipients shall provide verification of immunization for all children in the AU under the age of six as follows:

(1) Applicants, if applying for CalWORKs and Medi-Cal simultaneously, within 30 days of determination of eligibility for Medi-Cal; or, if applying for CalWORKs and already receiving Medi-Cal benefits, within 45 days;

(2) Recipients, within 45 days of redetermination of eligibility; or

(3) Children under the age of six being added to the AU if applying for CalWORKs and Medi-Cal simultaneously, within 30 days of determination of eligibility for Medi-Cal; or, if applying for CalWORKs and already receiving Medi-Cal benefits, within 45 days.

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(g) Failure to Cooperate

If an applicant/recipient fails to submit timely verification of immunization of any child(ren) in the AU under the age of six (see Section 40-105.4(d)) and does not qualify for an exemption or have good cause (see Section 40-105.4(i)), the grant shall be reduced by the amount (MAP) allowed for the needs, as specified in Section 44-315.311, of the parent(s)/caretaker relative in the AU.

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(1) Immunization Penalty Computations

Examples:

(A) An AU composed of a parent and their three children fails to submit verification of immunization and is not found to have good cause. The parent has total earned income of $900 per month and no disability-based unearned income. The AU is nonexempt and resides in Region 2.

Grant Computation - Single Penalty:

AU size remains four, but due to the penalty, use the MAP for three.

$ 900 Gross Earned Income

- 600 Unused $600 DBI Disregard

$ 300 Remaining Earned Income

- 150 50% Earned Income Disregard

$ 150 Net Nonexempt Income

$ 878 MAP for three (excluding the parent)

- 150 Total Net Nonexempt Income

$ 728 Aid Payment

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(B) This same AU also fails to cooperate with the Local Child Support Agency (LCSA) office in establishing parentage for child support.

Grant Computation - Double Penalty

$ 900 Gross Earned Income

- 600 Unused $600 DBI Disregard

$ 300 Remaining Earned Income

- 150 50% Earned Income Disregard

$ 150 Net Nonexempt Income

$ 878 MAP for three (excludes the parent)

- 150 Total Net Nonexempt Income

$ 728 Aid Payment with First Penalty Applied

- 182 25% of Aid Payment - Second Penalty for Failure to Cooperate with LCSA*

$ 546 Aid Payment with Both Penalties Applied

*50% Earned Income Disregard and Net Nonexempt Income must be rounded down to the nearest dollar amount: Welfare and Institutions Code Section 11017, MPP Section 44-315.34.

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(h) Restoration of Aid

(SAR) Once verification of immunization is submitted the grant is increased to reflect the needs of the parent(s)/caretaker relative effective the first of the month following the month in which verification is received (see Section 44-316.331(d)(SAR)).

(i) Good Cause

The county shall determine if good cause exists for not submitting verification due to lack of reasonable access to immunization services. If the county determines that good cause exists, the applicant/recipient has an additional 30 days to submit immunization verification.

(1) Circumstances which may constitute good cause, due to lack of reasonable access to immunization services, may include but are not limited to the following: language barriers, physical distance, illness of a parent(s)/caretaker relative, bona fide transportation problems or a lack of available appointments.

RECEPTION AND APPLICATION

(2) A circumstance that shall constitute good cause due to lack of reasonable access to immunization services includes, but is not limited to, when an applicant or recipient is in a domestic violence situation that results in immunization nonparticipation or the failure to cooperate at any time during the month.

(j) Documentation

The county shall document verification of immunization, determination of good cause or any exemption.

.5 School Attendance Requirements

(a) All children in the AU for whom school attendance is compulsory, i.e., ages 6 through 17, must attend school "regularly" as defined by the county.

(b) Verification

Recipients shall cooperate in providing routinely available documentation of school attendance of all applicable school-age children in the AU when requested by the county. Applicants are not required to submit verification of school attendance prior to being granted cash aid.

(c) Exemptions

All children in the AU for whom school attendance is compulsory must regularly attend school with the following exceptions:

(1) A pregnant or parenting teen eligible for Cal-Learn. See Section 42-763.1.

(2) A child subject to participating in a county school attendance demonstration projects in Merced or San Diego counties.

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(3) See Section 42-719 regarding welfare-to-work plans for children 16 through 17 years of age not regularly attending school and not exempted under Section 40-105.5(c).

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(d) Irregular Attendance Penalty

If the county determines that good cause does not exist and the child is not exempted under Section 40-105.5(c)(2), failure of a child in the AU, for whom school attendance is compulsory, to regularly attend school pursuant to Section 40-105.5(a), shall result in a reduction in the grant by an amount equal to the following:

RECEPTION AND APPLICATION

(1) The needs of the parent(s)/caretaker relative in the AU if the child(ren) is under the age of 16, or

(2) The child's needs if the child(ren) is age 16 or older.

(e) Failure to Cooperate

Refusal or failure of a recipient to cooperate in providing documentation when requested shall result in aid being reduced in accordance with Section 40-105.5(b), unless the county determines good cause exists.

(f) Good Cause

The county shall determine what constitutes good cause for not attending school "regularly" and failure to cooperate.

(1) A circumstance that shall constitute good cause includes, but is not limited to, when an applicant or recipient is in a domestic violence situation that results in school nonparticipation or the failure to cooperate at any time during the month.

(g) Restoration of Aid

(SAR) The needs of the parent(s)/caretaker relative or child(ren) shall be restored effective the first of the month following the month in which verification of regular school attendance is received (See Section 44-316.331(d)(SAR)).

NOTE: Authority cited: Sections 10553, 10554, 10604, 10850, 11209, 11253.5, 11265.2, 11265.3, 11265.8, 11266, 11268, 11450.5, and 11486, Welfare and Institutions Code, SB 72 (Chapter 8, Section 42, Statutes of 2011), AB 1712 (Chapter 846, Section 34, Statutes of 2012), SB 89 (Chapter 24, Section 58, Statutes of 2017). Reference: Sections 10553, 10554, 10604, 10831, 10850, 11017, 11209, 11253(b)(2), 11253.5, 11265.3, 11265.8, 11266, 11268, 11275.10, 11450, 11451.5, 11453, 11486, 13283, 14005.2, and 18945, Welfare and Institutions Code; Section 48200, Education Code; 45 CFR 400.43; 8 United States Code (USC) 1182(d)(5)(B); 42 U.S.C. 402(a)(6) and 616(b); and Section 301(a)(1)(A) and (B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193): California's Temporary Assistance for Needy Families State Plan dated October 9, 1996 and effective November 26, 1996; The Trafficking Victims Protection Act of 2000 (P.L. 106-386), Sections 107(b)(1)(A), (B), and (C); The Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108-193), Assembly Bill 1542 (Chapter 270, Statutes of 1997).

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