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Purpose
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( ) To release a new policy
( ) To release a new form
( ) To convert existing policy to new writing style only – No concept changes
(X) Revision of existing policy and/or form(s)
What changed?
This release was revised to inform staff that the CalWORKs 48-Month Time Clock waiver which originally exempted the CalWORKs 48-Month Time Clock for the months of March through June 2020, due to Executive Order N-29-20. The waiver has been extended to August 2020, as a result of Executive Order N-69-20.
The time limit waiver would apply to all participants (not just those approaching the 48-Month Time Limit) as long as they have not exhausted:
· 48 months of CalWORKs (State); and
· 60 months of Temporary Aid for Needy Families (federal).
Participants who meet the aforementioned requirements will remain eligible during the months of March through August 2020. The CalWORKs benefits for these individuals should not be decreased or discontinued during this timeframe due to reaching the 48-Month Time Limit.
Note: Changes are shown highlighted in grey throughout the document.
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Policy
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Adults are eligible for CalWORKs for a cumulative total of 48 months. The CalWORKs 48-Month Time Limit does not apply to children (age 18 and younger) or Non-Minor Dependents. The federal time limit for aided adults is 60 months.
All months of Time-on-Aid (TOA) received in California (CA) since January 1, 1998, count towards the CalWORKs 48-Month Time Limit. Months of Temporary Aid for Needy Families (TANF) received in other states since January 1, 1998, are also countable. All months of Tribal TANF count as out-of-state TOA.
When all aided adults in the Assistance Unit (AU) have reached the CalWORKs 48-Month Time Limit, eligible children will continue to be aided under the Safety-Net Program.
Months in which an adult is granted a clock stopper exemption are not countable.
Additionally, when an individual has been aided as an adult for 48 months, additional months of aid (time limit extender) may be granted to that adult.
An applicant or recipient can request a clock stopper/extender verbally or in writing at any time.
On March 18, 2020, Executive Order N-29-20 was issued by the California Governor which exempts the counting of the months of March through June 2020, from the 48-Month Time Limit due to COVID-19. The time limit waiver was extended to August 2020 as a result of Executive Order N-69-20.
Participants who meet the below requirements will remain eligible during the months of March through August 2020 as long as they have not exhausted the:
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48 months of CalWORKs (State); and
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60 months of TANF (federal).
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Exemption Reason Code 407 – Lack of Support Services Welfare Data Tracking Implementation Project (WDTIP)
The system was programmed on April 23, 2020, to reflect the exemption reason code 407 ‘Lack of Supportive Services WDTIP’ for the individuals who meet these requirements only for the months of March through August 2020.
Participants who timed-off effective February 20, 2020, or prior are not eligible for a clock stopper due to COVID-19. Instead they qualify for a time clock adjustment for other existing reasons.
Note:
The following participants are eligible for this exemption for the period of March 2020 through August 2020:
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If an extender or clock stopper record exists which stops the 48-Month Time Clock, the system will not add the exemption reason code 407.
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This exemption is not applicable for extenders of TOA.
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Background
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With the passage of welfare reform in 1996, Congress imposed a five-year time limit on the receipt of federally-funded TANF. Although federal time limits began in 1996, CA’s five-year time limit did not begin until January 1, 1998, when the CalWORKs Program was implemented.
On March 24, 2011, the Governor signed Senate Bill (SB) 72 which reduced the 60-Month CalWORKs Time Clock to 48 months effective July 1, 2011.
On March 18, 2020, Executive order N-29-20 was issued by the California State Governor which grants a waiver of time limits for the months of March through June 2020, due to COVID-19. On June 15, 2020, Executive Order N-69-20 extended the waiver to August 2020.
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Definitions
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Listed below are definitions of terms and forms that are commonly used as part of time limits.
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Term
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Description
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Exemption Reason 407
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The system was programmed on April 23, 2020, with this exemption reason, ‘Lack of Supportive Services WDTIP.’ The programming auto-updated this reason for the months of March through August 2020, due to COVID-19.
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CalWORKs 48-Month Time Clock
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48 months cumulative life-time limit for adult recipients of cash aid, under CalWORKs (federal or State-funded programs) or any other states’ program funded by the federal TANF Program.
The CalWORKs 48-Month Time Limit became effective July 1, 2011. Prior to July 1, 2011, the cumulative life-time limit for adults on CalWORKs was 60 months.
CalWORKs time limits began January 1, 1998.
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TANF 60-Month Time Clock
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60 months cumulative life-time limit for adult recipients of cash aid, under any program funded by the federal TANF Program.
The TANF time limit began December 1, 1996.
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Safety-Net case
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Cases in which all adults have been discontinued from cash aid and removed from the AU due to reaching the CalWORKs 48-Month Time Limit. The children continue to receive CalWORKs under the Safety-Net Program in an Annual Reporting/Child Only (AR/CO) case type. These cases are funded with State funds.
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Aid codes K1 and 3F
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Aid codes K1 and 3F, were established for single and two-parent cases, respectively, in which the adult in a single-parent family or both adults in a two-parent family:
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Have received the maximum 48 months of cash aid (Safety-Net cases);
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Have been sanctioned due to GAIN Program for a consecutive 12-month period or longer; or
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Are ineligible for aid due to an outstanding warrant for arrest (fleeing felon cases).
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Definition for Aid Code K1 — Single-Parent Safety-Net, 12-Month Consecutive GAIN Sanction and Fleeing Felon Child-Only Cases (Non-Two-Parent Case)
Aid code K1 is for CalWORKs cases that include a single un-aided Safety-Net, 12-month GAIN sanctioned or fleeing felon adult parent (and no other adults in the CalWORKs household) and at least one aided child. This code provides for continued cash aid and Medi-Cal coverage for children whose parents have been discontinued from or are ineligible for, cash aid due to their status. (The full-scope, no Share-Of-Cost [SOC] benefits under this aid code remains the same.) Cases receiving assistance under aid code K1 are not subject to the TANF Work Participation Rate (WPR) calculation.
Definition for Aid Code 3F — Two-Parent Safety-Net and Fleeing Felon Child-Only Cases
Aid code 3F is for CalWORKs cases that include two or more un-aided Safety-Net, 12-month GAIN sanctioned or fleeing felon adult parents and at least one aided child. This code provides for continued cash aid and Medi-Cal coverage for children whose parents have been discontinued from or are ineligible for cash aid due to their status. (The full scope, no SOC benefits under this aid code remains the same.) Cases receiving assistance under aid code 3F are not subject to the TANF WPR calculation.
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AR/CO
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As the result of the Annual Reporting provisions of SB 1041, effective October 1, 2012, Safety-Net cases are subject to Annual Reporting and are referred to as AR/CO cases.
The following are identified as AR/CO cases:
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The adult(s) has timed-out (i.e., Safety-Net case);
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The adult(s) is a fleeing felon, or is in violation of probation or parole;
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The adult(s) does not qualify due to immigration status;
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The adult(s) is receiving Supplemental Security Income (SSI);
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The adult(s) is a Non-Needy Relative;
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The adult(s) is sanctioned due to refusal to assign child/spousal support rights;
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The adult(s) has been convicted of an Intentional Program Violation prior to July 1998;
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The adult(s) is excluded from the AU for not meeting Social Security Number requirements; and
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The adult(s) is a striker and ineligible for CalWORKs for themselves.
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The following are not considered AR/CO cases:
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An optional member who is aided and included in the AU, such as a stepparent or a Registered Domestic Partner;
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In two-parent cases, if one parent remains aided and included in the AU and the other parent is not aided, the case will not be an AR/CO case; and
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An adult sanctioned due to non-compliance with Welfare-to-Work (WtW) requirements will not be an AR/CO case.
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Clock stopper
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Months of cash aid not counted towards the CalWORKs 48-Month Time Limit. This includes any month in which any of the following conditions exist for the participant:
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Disabled for 30 or more calendar days (verified);
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Providing care to an ill or incapacitated family member living in the home;
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Is a nonparent caretaker relative of a child in foster care, Kin-GAP or at risk of placement in foster care and is exempt from WtW participation;
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Providing care to a child from 0-23 months (once-in-a-lifetime);
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A victim of domestic abuse;
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A Cal-Learn Teen;
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Is a non-minor dependent;
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Is age 60 years or older;
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Is unaided;
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Excluded (GAIN sanctioned, Child Support sanctions, excluded by law, etc.) from the AU for any reason other than reaching the CalWORKs 48-Month Time Limit;
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Cash aid is fully reimbursed as a result of child support collections;
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Lived in Indian Country where 50 percent or higher of the adults living there were unemployed;
Note: Attached are charts that identify the name of the federally recognized tribes in the State that have experienced unemployment among adults at 50 percent or higher in their tribal service areas during the previous calendar year. The charts attached are from 2014 to present.
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Is a former CalWORKs participant and is only receiving child care, case management, or supportive services; or
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Is entitled to a grant amount of less than ten dollars only when:
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The family's net countable income results in a grant less than ten dollars; and
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The beginning date of aid is after the first of the month, and the grant amount is to be prorated, and the prorated amount is less than ten dollars.
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Note: This clock stopper does not apply when the grant is more than ten dollars and it is decreased to less than ten dollars by an Overpayment (OP) adjustment or by applying a penalty.
COVID-19 related changes:
Exempt months or partial months of CalWORKs aid will be exempt from being counted for the 48-Month Time Clock beginning March 1 through August 2020, for all current CalWORKs participants (not just those approaching the 48-Month Time Limit). This exemption will not be applied if it will exceed the federal time limits of 60 months.
Note: Any former CalWORKs recipient who was discontinued due to reaching 48 cumulative and countable months of aid must meet a CalWORKs exception (time limit extender) in order to be added back to an AU.
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Extender
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Months of cash aid extended beyond the CalWORKs 48-Month Time Limit.
When the participant has been aided as an adult for 48 months, additional months of aid may be provided when all parents, aided stepparents, and/or nonparent caretakers residing in the home of the aided child(ren) meet any of the following conditions:
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Age 60 or older;
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Caring for an ill or incapacitated person residing in the home, and the caretaking responsibilities impair the individual's ability to be regularly employed or to participate in WtW activities;
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Being a nonparent caretaker of either a dependent child of the court, a Kin-GAP child, or a child who is at risk of placement in foster care as determined by the Department of Children and Family Services and the caretaking responsibilities impair the individual's ability to be regularly employed or to participate in WtW activities;
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Disabled - receiving benefits from State Disability Insurance, Workers’ Compensation Temporary Disability Insurance, In-Home Supportive Services, or the State Supplementary Program, and the disability impairs their ability to be employed on a regular basis or participate in WtW activities;
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A victim of domestic abuse;
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Unaided – excluded from the AU for reasons other than exceeding the time limit;
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Disabled - a verified disability that is expected to last at least 30 calendar days; or
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Unable to Maintain Employment or Participate in WtW activities, based on a current assessment and the County’s finding that the individual has a history of participation and full cooperation in WtW.
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Note: When both parents are in the home and only one parent meets the extender, an extender cannot be granted. In order to qualify for cash aid, both parents must meet the extender requirements. If only one parent qualifies for an extender, then neither parent qualifies for cash aid.
COVID-19
Participants who reached their 48 months CalWORKs TOA prior to March 2020, can be evaluated for a CalWORKs exception (time limit extender).
These participants can be evaluated for the “Unable to Maintain Employment” exception if no other exception qualifier exists as long as there is:
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A documented impairment; and
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It is due to local labor market conditions, there is a lack of employers that could reasonably accommodate the individual’s physical and/or mental limitations.
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Note: The impairment does not need to be so severe as to meet the WtW exemption or waiver requirements.
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Aid received
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Any month in which the adult(s) received CalWORKs as part of the AU. This includes regular aid payment, supplemental payments, Immediate Need, and Homeless Assistance.
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WDTIP
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In CA, information about TOA is tracked in the WDTIP Tracking Recipients Across California (TRAC) System accessible via the Medi-Cal Eligibility Data System (MEDS) for all adults who have received CalWORKs and TANF cash aid payments, at any time from December 1, 1996 through the current month.
The system sends TOA information to WDTIP via a nightly interface.
Note: This does not include cases at Intake or cases transferred via the Inter-County Transfer (ICT) process when the applicant/participant has received aid in another county/state. The Intake/ICT Eligibility Worker (EW) must update the system to reflect the aid received in another county/state. See “Procedures” section for additional information.
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OP months
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Any OP month, (an entire month of aid in which the participant was not entitled to cash aid), that is fully repaid shall not count for the purposes of the CalWORKs 48-Month Time Limit.
Months in which a portion of a month's grant is determined to be an OP are called partial OP. Months with partial OPs are included in both the TANF and the CalWORKs clocks. This rule applies even if the partial OP was calculated based on aid received for an adult who should have been discontinued, for any reason.
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Adults whose time clock is not tracked
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Sometimes, there are adults included in a case record who are not currently included in the AU or receiving CalWORKs. These adults are ineligible for CalWORKs for reasons, such as, but not limited to:
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Receipt of SSI;
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Unsatisfactory Immigration Status;
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Non-Needy Caretaker Relative;
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WtW Sanction; or
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Fleeing felon.
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The time does not tick for these individuals when they are not aided.
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Penalized AU
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If an AU has been penalized, the months on aid will count towards the time limit.
While the grant has been reduced by the parent/caretaker relative’s share, the parent/caretaker relative is still considered part of the AU. Therefore, any months of aid received by the AU are considered as TOA. In addition, the parent/caretaker relative must cooperate with GAIN requirements.
This also applies to cases with a 25 percent child support grant reduction penalty for not cooperating with the Child Support Services Department (CSSD).
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Zero Basic Grant months
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Months in which a case is active, but the AU does not receive a CalWORKs payment, is known as a Zero Basic Grant month. Below is a table detailing the impacts of Zero Basic Grant months on the TANF 60-Month Time Limit and the CalWORKs 48-Month Time Limit. Zero Basic Grant months include the following:
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If…
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Counted toward the TANF 60-Month Time Limit
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Counted toward CalWORKs 48-Month Time Limit
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Grant was between one and nine dollars, so no grant was issued
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Yes
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No
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Entire grant amount was kept as an OP adjustment
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Yes
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Yes
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Grant amount was reduced to zero due to a combination of the AU’s net countable income and a penalty
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Yes
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Yes
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Grant amount is zero because the AU’s countable earnings exceed the Maximum Aid Payment (MAP), but the income does not exceed the Income Reporting Threshold Tier 2 (130 percent of the Federal Poverty Level). This policy is effective June 1, 2020.
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Yes
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No
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Note: Grants less than ten dollars do not count towards the CalWORKs 48-Month Time Limit. This exemption only applies if the grant is less than ten dollars prior to the penalty being applied or an OP being collected.
For further details staff can refer to Administrative Release (AR) 44-315.8 Zero Basic Grant.
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Child Support collected – impact to time clock
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Any month in which CalWORKs is fully reimbursed as a result of child support collection, is exempt from the CalWORKs 48-Month Time Limit. In Los Angeles County, child support collections are made through CSSD.
All child support recoupment information, including collections for a current month, arrearages, and lump sum payments, collected from January 1998 forward, are received by the system from CSSD’s California Child Support Automation System. The system applies the payments to cash aid payments received starting with the earliest month/year cash aid was received by the AU from January 1998 forward.
Exception: Child support is not applied to totally ineligible OP months, because OP months are considered non-participation months, and technically no CalWORKs was paid or received.
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Diversion
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The month in which a lump-sum Diversion payment is made counts as one month toward the CalWORKs 48-Month Time Limit.
If the participant re-applies for CalWORKs during the Diversion period and is determined eligible, the participant has the option to:
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Have the Diversion payment recouped from the CalWORKs cash grant; or
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Count the Diversion payment toward the CalWORKs 48-Month Time Limit.
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The number of months counted is determined by dividing the total Diversion payment by the MAP for the AU at the time of the Diversion payment. The initial month must not be counted twice.
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For further details staff can refer to AR 81-200 Diversion Services.
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Time Limit Review (TLR)
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TLRs may be conducted at any point prior to or after a participant reaches the CalWORKs 48-Month Time Limit.
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TLRs are performed by the GAIN Services Worker (GSW)/Contracted Case Manager (CCM)/Refugee Employment Program (REP) Refugee Case Manager (RCM) or by designated Time Limit Liaisons.
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The TLR will be conducted at the participant’s assigned GAIN Region. Contracted GAIN Regions will conduct the TLR at their offices and make clock stopper recommendations to DPSS GAIN County Issuance and Approval (CIA) staff; however, CIA staff makes the final decision on clock stoppers.
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Time Limit Workshops (TLW) are available for participants to attend at their GAIN Region.
District Eligibility staff should:
1. Review the 48-Month Time Clock;
2. Ensure the necessary adjustments are made in the system and/or WDTIP.
3. Ensure the time limit months are created for participants who received cash aid.
Note: Time Limit months must not be created for participants who did not receive cash aid, unless the participant was sanctioned, and the case is not a Safety-Net case.
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Requirements
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Requirement
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Limit/Condition
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Determining the CalWORKs 48-Month Time Clock
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Months that count toward the CalWORKs 48-Month Time Clock:
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Months of CalWORKs and TANF aid received in CA as well as TANF TOA received in other states beginning January 1, 1998.
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Months that do not count toward the CalWORKs 48-Month Time Clock:
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Months in which the adult was exempt from the CalWORKs 48-Month Time Clock.
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Months of TANF aid received in CA or any other state between September 1, 1996 (when some states first implemented their TANF Program) and December 1997.
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State-only funds issued by another state are not included in the CalWORKs 48-Month Time Clock.
COVID-19 related changes:
Any month or partial months in which CalWORKs aid or services are received are exempt from being counted toward the 48-Month Time Clock. This exemption applies to March, April, May, June, July, and August 2020.
Staff must review whether the participant’s time limit exemption for this period was properly applied at Application, Redetermination (RD), and when the 42nd and 46th months are reached.
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Federal TANF 60-Month Time Clock
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The federal TANF Time Clock is 60 months. All TANF (non-exempt) aid received in all states, count toward the TANF 60-Month Time Clock. Adults reaching their 60-Month TANF Time Clock, will be moved by the system into a TANF timed-out aid code.
Adults with any remaining CalWORKs TOA, will be aided with State-only funds as they are not eligible to be aided with federal TANF funds.
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Tribal TANF funds received
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The federal government treats Tribal TANF the same as other TANF Programs in regard to time limit. As these participants are receiving assistance through a federal TANF Program, they are subject to the time limit requirements. Therefore, the number of countable months of assistance provided by the Tribal TANF Program must be counted toward the participant’s time clock.
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Impact to other programs
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CalFresh:
Benefits will be recalculated for the household and may be increased as a result of the reduction in the CalWORKs grant.
Refugee Cash Assistance (RCA)/Trafficking and Crime Victims Assistance Program (TCVAP) Impact:
The information in this release is not applicable to RCA and TCVAP participants who are single adults or in families.
General Relief (GR):
CalWORKs timed out adults are not eligible to GR until all of the children on whose behalf aid was received, whether or not currently living in the home with the individual, reaches age 18. This restriction does not apply to health care benefits provided by the County to indigent adults.
Post-Time Limit Services:
Additional services, including, but not limited to, case management and supportive services, may be provided to individuals who have reached the CalWORKs 48-Month Time Limit. Participation is voluntary and contingent upon the participant’s agreement to participate.
Child Care:
Former recipients who need child care to work or participate in other activities may receive subsidized child care for up to 24 months in Stage 2 after leaving CalWORKs cash aid. After exhausting the 24 months of subsidized child care in Stage 2, a former recipient may continue receiving subsidized child care services as long as they continue to meet eligibility requirements and funding is available.
Medi-Cal:
Ongoing Medi-Cal eligibility must be determined for timed-out individuals.
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Impact to 24-Month Time Clock
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Participants who have reached their CalWORKs 48-Month Time Limit, but have time remaining on their WtW 24-Month Time Clock are not entitled to continue participating in the WtW Program unless they qualify for a CalWORKs 48-Month Time Limit exemption or extender.
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