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.1 General County Responsibility
(a) The county paying aid shall be responsible for continuing to determine eligibility to ensure payment only to eligible recipients in the correct amount, to assist recipients to meet their financial and service needs as fully as possible, and to make maximum use of their resources and capabilities. For CalWORKs cases, eligibility shall be established by the use of the SAWS 2 Plus/Statement of Facts at the time of application and then at one-year intervals, and also by the SAR 7, and by recipient mid-period reports (See Sections 80-301(s)(9), 80-310(s)(11), 44-316(SAR) (AR/CO), and 82-832.3(SAR) (AR/CO).)
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(1) Eligibility regarding deprivation, household/AU composition, property, and the transfer of assets for less than fair market value shall only be determined on a semi-annual basis based on the information reported on the SAR 7 or the SAWS 2 Plus/Statement of Facts. The county shall compare the information reported on the SAR 7 or the SAWS 2 Plus/Statement of Facts with any mid-period recipient reports for accuracy. (See Sections 80-301(s)(9), 80-310(s)(11), 44-316(SAR) (ARCO), and 82-832.3(SAR) (ARCO).)
(SAR) (2) The SAR 7 only asks for the recipient to report any changes since they last reported in regards to property, deprivation, and household/AU composition. If a recipient reports on the SAR 7 that there have been no changes since they last reported, the information on the last verified report (the SAWS 2 Plus/Statement of Facts or any verified mid-period report) shall be used to determine continuing eligibility.
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(SAR) (3) Example: A recipient is in a March through August SAR Payment Period. They make a voluntary mid-period report in April that they received an inheritance in the amount of $5,000 and provide verification. The county sends the recipient a "no-change NOA" informing them that property is only evaluated once per SAR Payment Period. On the July SAR 7 submitted in August, the recipient reports that there have been no changes to their property since they last reported. The county discontinues the AU at the end of the SAR Payment Period for being over the property limit.
(AR/CO) Example: A recipient has a redetermination due in August. They make a voluntary mid-period report in April that they received an inheritance in the amount of $5,000 and provide verification. The county sends the recipient a "no-change NOA" and does not take action until the annual redetermination in August.
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(b) Reserved
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(c) Extended CalWORKs for Non-Minor Dependents
(1) For non-minor dependents, eligibility shall be established at the time of application with the county welfare department by use of the Six-Month Certification of Extended Foster Care Participation form (SOC 161, rev. 9/11) and the Mutual Agreement for Extended Foster Care form (SOC 162, rev. 10/11), incorporated in their entirety herein by reference. Eligibility shall be reestablished by use of the SOC 161 certifying eligibility at six-month intervals.
(d) Additional determinations shall be made as necessary if unexpected changes in income or other circumstances occur which affect the eligibility or grant level of the recipient in accordance with Section 44-316.
(e) Issuance of aid in the correct amount is a primary program objective. To achieve this objective it is essential that the county shall:
(1) Give applicants and recipients at the time of application and at least once every 12 months thereafter complete explanations in writing regarding factors which may cause ineligibility, underpayments or overpayments, penalties due to an IPV, and their responsibility to report changes as prescribed by Section 40-105.14 (Applicant and Recipient Responsibility). The factors which are to be explained shall include changes in income and resources, changes in need, etc. These requirements are met by the use of the SAWS 2A SAR in CalWORKs. Verbal explanations shall also be given when necessary to assure understanding. The recipient shall signify their understanding of their responsibilities in writing.
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(SAR) (2) In CalWORKs, the semi-annual redetermination of eligibility shall follow the procedures described in Section 40-181.1(a). This requirement is met by the use of the SAR 7 or the SAWS 2 Plus/Statement of Facts. The SAR 7 and SAWS 2 Plus/Statement of Facts shall be carefully checked each semi-annual period upon receipt so that correct grant computations are made. Special care should be taken to correct grant adjustments for overpayments when income/resources change.
(3) All applicants for, and recipients of, assistance shall be notified in writing at the time of application, and at each redetermination that information available through IEVS will be requested, used, and may be verified through collateral contact when discrepancies are found by the CWD, and that such information may affect their eligibility and level of benefits.
(4) In reunification cases, as defined in Section 80-301(r)(4), the parents shall be subject to a six-month CalWORKs eligibility redetermination based on the criteria in Section 40-181.2. The six-month period shall coordinate with the court’s review of the reunification plan.
(5) An eligibility redetermination shall be required to restore cash aid to the CalWORKs case when a family is reunified.
(f) Aid shall not be discontinued nor a warrant cancelled without compliance with Section 22022.
(g) Aid shall not be discontinued due solely to circumstances beyond the control of the recipient which prevents reporting changes that are required to be reported within ten calendar days of the change or prevents the prompt return of the SAWS 2 Plus/Statement of Facts or SAR 7 eligibility redetermination forms. (See Section 40-181.216(SAR) for information on good cause determinations for failing to complete the annual redetermination timely and Section 40-181.23(SAR) for information on good cause determinations for failure to submit a complete SAR 7 timely.)
(h) The county is responsible for continuing identification of service needs of the recipient, including medical assistance, and to provide prompt referral for these services.
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(i) Referrals for child abuse and neglect are mandatory and may be made without the knowledge or consent of the relative or other person with whom the child is residing.
(1) Income Maintenance staff shall refer to protective services whenever they suspect a child is being abused, neglected or exploited or that the home in which the child is living is unsuitable.
(2) Income Maintenance staff shall cooperate with protective services, the court, or other agency in planning or implementing action in the best interest of the child.
(j) Index and file controls shall be established and maintained to ensure appropriate and timely action on items which could affect the recipients' eligibility or the amount of aid. This includes, but is not limited to, maintaining a "tickler file" informing eligibility workers when annual redeterminations are due.
(k) Documents and/or evidence required of the applicant/recipient to support the initial and/or continuing determination of eligibility must be received by the county on or before the appropriate deadline established by the county and/or in conjunction with each Eligibility Chapter or these regulations. However, when the deadline falls on a Saturday, Sunday or holiday, the documents and/or evidence received on the first business day following the weekend or holiday shall have the same effect as if it had been received on the appointed day.
(l) At each annual redetermination, recipients shall receive an informing notice regarding the availability of Stage One child care (see Section 47-301.2).
(m) The county shall inform recipients in writing as specified in Section 40-105.4(c) of the requirement to obtain age-appropriate immunizations for all children in the AU under the age of six. Recipients shall also be informed of any county-specific immunization requirements. This informing shall include but is not limited to the criteria for what constitutes good cause,. as defined by the county.
(n) The county shall inform recipients in writing of the requirement that all school-age children in the AU must regularly attend school, as specified in Section 40-105.5(a). Recipients shall also be informed of any county-specific school attendance requirements. This informing shall include but is not limited to: what constitutes irregular school attendance, the criteria for what constitutes good cause, time frames for complying, and the penalties for not complying.
(o) See Section 42-715 for general county responsibilities for addressing domestic abuse as part of continuing activities and eligibility determination.
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.2 Periodic Determination of Eligibility
.21 A redetermination of all circumstances of the recipient subject to change shall be completed at least once every twelve (12) months. The applicant/recipient shall complete the appropriate SAWS 2 Plus/Statement of Facts at the time of application and at least once every 12 months after determination of eligibility. At the time of the annual redetermination and completion of the appropriate SAWS 2 Plus/Statement of Facts, each recipient shall be either given or mailed informational material required by CDSS.
.211 For CalWORKs brochures describing benefits available under the Child Health and Disability Prevention (CHDP) program and how and where the benefits are provided within the county shall be given to the recipient during the redetermination interview specified in .311 below. Provisions of CHDP informational material shall be documented by notation upon the SAWS 2 Plus/Statement of Facts form.
(SAR).212 The annual redetermination must be completed in the sixth month of the second Semi-Annual Payment Period of every year (six months after the SAR 7 is submitted). Because the redetermination acts as the second income eligibility report, a complete SAWS 2 Plus/Statement of Facts must be received by the 15th day of the month in which it is due in order to allow sufficient time to determine benefit amounts and issue timely notice for the following Semi-Annual Payment Period.
(SAR) (a) Because the redetermination process acts as the second semi-annual eligibility report, the redetermination must be aligned with the SAR reporting cycle. The redetermination must be completed in the 6th month of the SAR cycle in which a SAR 7 is not due. However, if for any reason a redetermination takes place outside of the normal SAR Cycle, the county shall act mid-period on all information to increase, decrease, or discontinue cash aid as appropriate.
(SAR) Counties must align the CalWORKs redetermination period with the CalFresh recertification period (Section 63-504). In addition, counties must also align the submission of the annual redetermination with the 6th month of the SAR Payment Period in which a SAR 7 is not due.
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.213 The determination shall be considered completed as soon as the appropriate SAWS 2 Plus/Statement of Facts has been reviewed and a decision made and recorded by the Eligibility Worker as to whether eligibility continues or ineligibility exists. The SAWS 2 Plus/Statement of Facts shall be due once a year, in the same month of each year, unless the redetermination date needs to be changed in order to align it with the CalFresh recertification date.
.214 Late Redeterminations
(a) When the redetermination of eligibility (SAWS 2 Plus/Statement of Facts) is not received by the 15th day of the month in which it is due, the county shall send the appropriate discontinuance notice.
(b) In addition to the notice of discontinuance, the county shall attempt to make a personal contact by a county worker with the recipient either by telephone, in a face-to-face meeting, or if consent has been provided by the recipient, via text message or electronically. During the personal contact the county shall remind the recipient that a redetermination must be completed no later than the last day of the month in which it is due. During the personal contact, the county shall also attempt to collect the necessary information to complete the redetermination.
(c) When the county is unable to make personal contact, the CWD shall document in the case file that an attempt was made to contact the recipient and collect the necessary information to complete the redetermination.
(d) Prior to discontinuing the case, a written reminder notice shall be mailed to the recipient no later than five calendar days prior to the end of the month in which the redetermination is due. Under no circumstances shall the reminder notice be mailed in the same envelope as the discontinuance notice required in Section 40-181.214(a).
(e) If the recipient submits a completed SAWS 2 Plus/Statement of Facts by close of business on the last day of the month in which it was due, the county shall rescind the discontinuance and determine eligibility and grant amount pursuant to 40-181.215 and 44-315.
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.215 Processing Late Redeterminations
(a) If a redetermination is completed after the 15th but on or before the last day of the month, the county shall:
(1) Rescind the discontinuance action; and
(2) Determine eligibility based on the information reported on the SAWS 2 Plus/Statement of Facts.
(b) If the recipient submits a complete SAWS 2 Plus/Statement of Facts during the month following discontinuance, upon recipient request, the CWD shall determine whether the recipient had good cause for failure to complete the redetermination timely, in accordance with Section 40-181.216.
.216 Good Cause Determination for Failure to Complete a Redetermination Timely
A recipient may have good cause for not meeting the redetermination reporting requirements. Good cause exists only when the recipient cannot reasonably be expected to fulfill their reporting responsibilities due to factors outside of their control. The burden of proof rests with the recipient.
(a) A good cause exemption shall only be granted if the request is made by the parent, other caretaker relative, or an authorized representative.
(b) A request is defined as any clear expression to the county, whether verbal or written, that the recipient wants an opportunity to present their explanation for not meeting the redetermination reporting requirements. A request for a State Hearing also may be considered a request for good cause determination when the issue to be heard specifically relates to Section 40-181.21.
(c) In lieu of a request, as required by (2) above, a county has the discretion to independently determine that one of the situations specified in (d) below exists.
(d) Good cause exists in only the following situations:
(1) When the recipient is suffering from a mental or physical condition which prevents timely and complete reporting.
(2) When the recipient's failure to submit a timely and complete report is directly attributable to county error.
(3) When the county finds other extenuating circumstances.
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(Continued)
(e) When the recipient has good cause for not reporting timely, the county shall rescind the discontinuance.
(f) If the recipient is not found to have good cause for not reporting timely, the county shall determine eligibility based on applicant rules from the date that the complete SAWS 2 Plus/Statement of Facts was submitted.
(g) If the SAWS 2 Plus/Statement of Facts is received more than a month following discontinuance, it shall be treated as a request for restoration of aid and eligibility shall be determined based on applicant rules from the date the complete SAWS 2 Plus/Statement of Facts was received. (See Section 40125.9.)
.217 For CalWORKs purposes, a redetermination is complete when all of the following requirements are met:
(a) The response to all questions pertaining to CalWORKs eligibility and grant amount shall provide the county with information sufficient to answer the question. The information provided on the SAWS 2 Plus/Statement of Facts together with the submitted evidence must be sufficient for the county to determine eligibility and grant amounts. This includes the income received during the 30 days prior and any change in resources of a stepparent living in the home, and any person who is required to apply for aid under Section 40-118 but is excluded from the AU. Reported income shall include current earned, unearned, exempt, and nonexempt income and any reasonably anticipated changes to that income; and
(b) Evidence shall be submitted with the SAWS 2 Plus/Statement of Facts to verify the gross amount of all earned income received during the 30 days prior to submission and the date of receipt. Evidence shall be submitted to verify initial receipt of or a change in the amount of unearned income received. Such evidence includes but is not limited to: pay stubs, letters of award or benefits (such as unemployment, disability, or Social Security), statements showing interest income, dividend income, tax return showing the amount of EIC received, etc. Documents and records submitted with the SAWS 2 Plus/Statement of Facts shall be promptly returned to the recipient; and
(c) The address along with other information provided on the SAWS 2 Plus/Statement of Facts shall be sufficient for county administrative purposes, including the ability to locate the recipient; and
(d) Information reported on the SAWS 2 Plus/Statement of Facts must be consistent with other information which the county has verified to be accurate; and
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(Continued)
(e) The SAWS 2 Plus/Statement of Facts shall be signed under penalty of perjury by each natural or adoptive parent or aided spouse of a parent or other caretaker relative living in the home, unless an individual so specified is temporarily absent from the home (see Section 82-812); and
(f) The redetermination interview has been completed; and
(g) The SAWS 2 Plus/Statement of Facts shall include the SAR 22 (Sponsors Statement of Facts, Income and Resources) when the recipient is a sponsored non-citizen; and
(h) The SAWS 2 Plus/Statement of Facts shall include the SAR 23 (Senior Parent Statement of Facts) when a minor parent lives with their senior parent (see Section 89-201.5).
.218 If the recipient is receiving or is potentially eligible to receive unconditionally available income, including but not limited to Old Age, Survivors, and Disability Insurance (OASDI) or benefits available to veterans of military service, it shall not be necessary to initiate a verification or referral procedure unless circumstances indicate a change in the recipient's eligibility for the benefit.
.219 If, during a redetermination, the county determines that a recipient is no longer exempt from cooperation requirements, the county shall enforce those requirements.
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(a) See Section 82-510, Cooperation Requirements
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(SAR).22 CalWORKs recipients shall, in addition to the annual completion of the SAWS 2 Plus/Statement of Facts, complete and return a SAR 7 to the county by the 5th calendar day of the SAR Submit Month in which a redetermination is not due. SAR 7s not received by the 11th of the SAR Submit Month shall be considered late.
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(Continued)
(SAR) .221 Late SAR 7s
(SAR) (a) When the SAR 7 is not received by the 11th day of the SAR Submit Month or the SAR 7 is received but is not complete in accordance with the completeness criteria specified in Section 40-181.241(SAR), the county shall send the appropriate discontinuance notice.
(SAR) (b) When a SAR 7 has not been received by the county after the notice of discontinuance has been sent, the county shall attempt to make a personal contact either by telephone, in a face-to-face meeting, or if consent has been provided, via text message or electronically, to remind the recipient that their. SAR 7 is due and must be submitted by the end of the first working day of the next SAR Payment Period.
(1) If the county is successful in contacting the recipient, the county must attempt to collect the necessary information to complete the SAR 7 report and capture the recipient’s signature.
(2) The CWD shall document in the case file how and when the contact was attempted or made.
(c) When the recipient cannot be personally contacted, a written reminder notice, which shall include language specified by CDSS, shall be mailed no later than five days prior to the last calendar day of the report month. Under no circumstances shall the reminder notice be mailed in the same envelope as the discontinuance notice required in Section 40-181.221(a).
(SAR) (d) If the recipient contacts the county on the first working day of the SAR Payment Period to report nonreceipt of their benefits, the county shall inform the recipient of a pending discontinuance due to nonreceipt of a complete SAR 7 and shall inform them that the discontinuance will be rescinded if a complete SAR 7 is received by the end of that day.
(SAR) (e) If the recipient turns in an incomplete SAR 7 to the county on or before the first working day of the next SAR Payment Period, the county shall attempt to make a personal contact with the recipient, either by phone, by mail, by text or other electronic means, when consent has been provided, to inform them that their SAR 7 is still not complete and that the discontinuance still stands, and attempt to collect the necessary information to complete the report if contact is made.
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(SAR) (f) The county shall not take action to notify the Local Child Support Agency or any affected employment or training program of a SAR 7 related discontinuance until after the first working day of the next SAR Payment Period.
(SAR) .222 Processing Late SAR 7s
(SAR) (a) If a complete SAR 7 is received after the 11th but on or before the first working day of the next SAR Payment Period, the county shall:
(SAR) (1) Rescind the discontinuance action; and
(SAR) (2) Determine eligibility based on the information reported on the SAR 7.
(b) Upon the request of the recipient, the CWD shall determine whether the recipient had good cause for failure to submit a timely report of earnings in accordance with Section 40-181.23
(SAR) (c) If a complete SAR 7 is received after the first working day of the next SAR Payment Period, but during the month following discontinuance for non-submittal of a complete SAR 7, eligibility and benefits shall be determined as described in Section 40-125.943(SAR).
(SAR) .223 In family reunification cases, as defined in Section 80-301(r)(4), the parents are not required to submit a semi-annual eligibility report as long as the reunification plan remains in place.
(SAR).23 Good Cause Determination for Failure to Submit a Complete SAR 7 Timely
(SAR) A recipient may have good cause for not meeting the semi-annual reporting requirements. Good cause exists only when the recipient cannot reasonably be expected to fulfill their reporting responsibilities due to factors outside of their control. The burden of proof rests with the recipient.
(SAR) .231 A good cause exemption shall only be granted if the request is made by the parent, other caretaker relative, or an authorized representative unless a good cause determination is required in accordance with Section 40-125.94(SAR) (Restoration in the Calendar Month Following a SAR 7 Discontinuance).
(SAR) (a) A request is defined as any clear expression to the county, whether verbal or written, that the recipient wants an opportunity to present their explanation for not meeting the semi-annual reporting requirements. A request for a State Hearing also may be considered a request for good cause determination when the issue to be heard specifically relates to Section 40-181.22(SAR).
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.232 In lieu of a request, as required by .231 above, a county has the discretion to independently determine that one of the situations specified in .233 below exists.
.233 Good cause exists in only the following situations:
(a) When the recipient is suffering from a mental or physical condition which prevents timely and complete reporting.
(b) When the recipient's failure to submit a timely and complete report is directly attributable to county error.
(c) When the county finds other extenuating circumstances.
.234 When the recipient has good cause for not reporting timely, the county shall rescind the discontinuance.
(SAR).24 Criteria for Evaluating Information Reported on the SAR 7
(SAR) .241 For CalWORKs purposes, a SAR 7 is complete when all the following requirements are met:
(SAR) (a) The SAR 7 is signed and dated by the adult member of the AU no earlier than the SAR Data Month.
(SAR) (b) The address along with other information provided on the SAR 7 shall be sufficient for county administrative purposes, including the ability to locate the recipient; and
(SAR) (c) The SAR 7 shall be signed under penalty of perjury by each natural or adoptive parent or aided spouse of a parent or other caretaker relative living in the home, unless an individual so specified is temporarily absent from the home (see Section 82-812); and
(d) (Reserved)
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(Continued)
(SAR) (e) The response to all questions pertaining to CalWORKs eligibility and grant amount shall provide the county with information sufficient to answer the question. The information provided on the SAR 7 together with the submitted evidence must be sufficient for the county to determine eligibility and/or grant amounts. This includes the income and any change in resources of a stepparent living in the home, and any person who is required to apply for aid under Section 40-118 but is excluded from the AU. Reported income shall include earned, unearned, exempt, and nonexempt income received during the SAR Data Month and any reasonably anticipated changes to this income during the next SAR Payment Period; and
(SAR) (f) Evidence shall be submitted with the SAR 7 to verify the gross amount of all earned income received and the date of receipt. Evidence shall be submitted to verify initial receipt of or a change in the amount of unearned income received. Such evidence includes but is not limited to: pay stubs, letters of award or benefits (such as unemployment, disability, or Social Security), statements showing interest income, dividend income, tax return showing the amount of EIC received, etc. Documents and records submitted with the SAR 7 shall be promptly returned to the recipient; and
(SAR) (g) Information reported on the SAR 7 must be consistent with other information which the county has verified to be accurate, including any verified mid-period reports; and
(SAR) (h) The SAR 7 shall include form SAR 72 (as defined in Section 40-181.25(SAR)) when the recipient is a sponsored non-citizen.
(SAR) (i) The Senior Parent Semi-Annual Income Report (SAR 73) shall be submitted with the SAR 7 when a minor parent lives with their senior parent (see Section 89-201.5). The completeness of the SAR 73 shall be determined using the criteria for evaluating the completeness of the SAR 7.
.242 (Reserved)
.243 The following information or evidence shall be provided before the appropriate deduction or disregard from earnings is allowed:
(a) Verification of self-employment expenses (see Section 44-113.212).
(SAR) .244 Failure to provide the information or evidence specified in Section 40-181.243 shall result in the disallowance of the deduction. Failure to provide the information on the form or to provide the evidence shall not, in and of itself, render the SAR 7 incomplete as defined in Section 40-181.241(SAR).
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.25 Sponsored Non-Citizen Reporting.
(SAR) In addition to the Semi-Annual Eligibility Report (SAR 7), the recipient who is a sponsored non-citizen as defined in Section 43-119 shall report the income and resources of the sponsor.
.251 Reporting of the sponsor's income and resources.
(SAR) The recipient shall submit a completed Sponsors Semi-Annual Income and Resources Report (SAR 72) to the county. The recipient is responsible for obtaining all information necessary to complete the SAR 72 and for obtaining any cooperation necessary from the sponsor.
(SAR) .252 The SAR 72 shall be due by the 5th calendar day of the SAR Submit Month. When the county has not received the completed SAR 72 by the 11th calendar day of the SAR Submit Month, the recipient has not met the requirement for returning a complete SAR 7. See Section 40-181.22(SAR). The SAR 72 shall be considered complete if all the following requirements are met:
(a) The boxes for the address and county where signed shall be completed; and
(b) Signed by the sponsor and the recipient; and
(c) All questions and items pertaining to the income and resources of the sponsor shall be fully answered; and
(d) The information together with the submitted evidence must provide the CWD with the necessary information to correctly determine the amount of income and resources to be deemed to the recipient; and
(SAR) (e) Evidence shall be submitted with the SAR 72 to establish the gross amount of income received by the sponsor, and the date of receipt. See Section 40-181.241(f)(SAR) for examples of acceptable evidence.
(SAR) .253 A complete SAR 7 includes form SAR 72 (as defined in Section 40-181.251(SAR)) when a member of the AU is a sponsored non-citizen. The failure to provide a completed SAR 72 on or before the 1st calendar day of the next SAR Payment Period shall result in discontinuance for those members of the AU who are sponsored non-citizens.
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(Continued)
(SAR).26 Failure to report or verify the receipt of a child/spousal support disregard payment issued under Section 82-520.2 will not result in an incomplete SAR 7 nor in termination of aid.
.3 Methods of Periodic Determination of Eligibility
.31 Regulations governing the method of the initial determination also govern all continuing and periodic determinations. (See Sections 40-157 and 40-161.)
.311 Annual redeterminations, using the SAWS 2 Plus/Statement of Facts form, shall include an interview with the parent or person responsible for the child. Where the parent is institutionalized, the interview should be conducted with the person having the responsibility for care and control of the child.
(SAR) .312 Semi-Annual redeterminations using the SAR 7 form, or special nonscheduled investigations conducted by the county, may include an interview with the parent or person responsible for the child.
(AR/CO) Special nonscheduled investigations conducted by the county, may include an interview with the parent or person responsible for the child.
.32 The recipient's statements or the statements of their guardian or any other person acting for them and completing the appropriate SAWS 2 Plus/Statement of Facts or SAR 7(s), when applicable, together with information obtained from all other sources, shall be assessed in the light of facts previously known and in relation to potentials for change in eligibility status or amount of grant.
.33 Failure to comply with the requirements of any periodic determination of eligibility shall result in a fraud penalty if the recipient is found to have committed an IPV.
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(Continued)
.4 Verification of Eligibility Through IEVS
.41 The county shall verify the eligibility of, and amount of assistance for, each applicant and recipient for aid through IEVS by:
.411 Submitting applicant information to IEVS as specified in Sections 20-006.211 and .212.
.412 Requesting on a quarterly basis income and eligibility information through IEVS for recipients in accordance with Section 20-006.22; and
.413 Including, for the purposes of .411 and .412 of this section, any other individuals whose income and resources are considered in determining the amount of assistance to the extent that the county collects the SSN of such individuals.
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(a) Other individuals whose income and resources are considered in determining the amount of assistance include, unless otherwise exempted by state or federal rule:
(1) Stepparents and senior parents living with the assistance unit;
(2) Individuals excluded due to ineligible alien status;
(3) Individuals who are excluded due to sanction or due to failure to cooperate in meeting a condition of eligibility; or
(4) The sponsor of a sponsored alien and the sponsor's spouse, if living with the sponsor.
(b) For instance, if the county obtains the SSN of an ineligible alien parent living with the assistance unit, the number must be submitted to IEVS. However, if the number is not available for submission to IEVS, the assistance unit's eligibility shall not be affected.
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.42 The county shall act on all information received through IEVS in accordance with the procedures specified in Section 20-006.4 and .5.
.5 Determination of Eligibility During Absence From the State, County or Country
.51 A recipient who leaves the state, or country is responsible for informing the county paying aid of their departure and of changes in their living plan, income, and needs. If absent from the state, they are also required to inform the county of their residence intent. If the recipient leaves the state, the county shall immediately determine their residence intent and take appropriate action as provided in Chapter 42-400.
.52 A recipient who moves from one county to another within the state with the intent of establishing residence in the new county shall notify either the county from which they move or the county to which they move of the change in residence (see Section 40-187). The recipient may report a change of residence in person, in writing, by phone, or, if available, electronically online. The recipient shall be advised of these options at application and redetermination.
.53 Except for children receiving Kin-GAP, when a periodic determination of eligibility is due during a recipient's temporary absence from the state or county, the Statement of Facts (SAWS 2 Plus/Statement of Facts) shall be sent to a welfare agency in the locality. Such agency shall be requested to interview the recipient, secure the signed SAWS 2 Plus/Statement of Facts and return it with a report on the recipient's plan regarding their living arrangements, current needs and income, if they are out of state.
.54 If it is not possible to secure the signed form and report through the agency within a reasonable time, direct request shall be made to the recipient to submit a completed form with a statement of their living arrangements, income and needs, and his/her intent as to residence out of state.
.55 If a periodic determination of eligibility is due within the transfer period (see Section 40-185) the county currently paying aid requests the county to which the case is being transferred to make the periodic determination.
NOTE: Authority cited: Sections 10553, 10554, 10604, 11203, 11265.1, 11369, and 18904, Welfare and Institutions Code. Reference: 42 U.S.C. 616(b) and (f); 45 CFR 233.28 and 233.29(c); and 45 CFR 235.112(b); 7 CFR 273.16(b); Sections 10003(a), 10063, 10553, 10554, 10604, 11008, 11100, 11203, 11253(b), 11253.5, 11254, 11265, 11265.1, 11265.2, 11265.3, 11265.8, 11280, 11403, 11450.12, 11451.5, 11486, and 11495.1, Welfare and Institutions Code; 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; Federal Register, Vol. 75, No. 19, dated January 29, 2010, pages 4928 and 4929 [7 CFR 273.12(a)(1)(vii)].
RECEPTION AND APPLICATION