|
Background
|
Assembly Bill (AB) 6 (Chapter 501, Statutes of 2011) required the replacement of the Quarterly Reporting process with the SAR process for the CalWORKs, Refugee Cash Assistance (RCA) and CalFresh Programs effective October 1, 2013.
Senate Bill 1041 (Chapter 47, Statutes of 2012) required the implementation of AR/CO cases effective October 1, 2012, for certain CalWORKs child-only cases.
AB 2062 (Chapter 795, Statutes of 2016) required that an overpayment is not to be established when a ten-day benefit reduction or case discontinuance Notice of Action (NOA) cannot be provided to the family following a timely mandatory report of income over the Income Reporting Threshold (IRT) (for SAR and AR/CO cases) and household composition changes (for AR/CO cases). The change was effective with timely reports made in January 2017 or later.
Effective January 1, 2016, AB 433 Chapter 514, Statutes of 2015, requires that a deceased child not be removed from the CalWORKs Assistance Unit (AU) in the month in which his or her death occurred or the following month. AB 433 also prohibits sanctions from being applied or overpayments being established for a grieving CalWORKs participant due to failure or refusal to comply with Welfare-to-Work (WtW).
|
|
Requirements
|
|
Requirement
|
Limit/Condition
|
|
Reporting Requirements – SAR
|
Under SAR eligibility, benefits for a six-month period are based on information provided on the SAR 7, Eligibility Status Report or the Redetermination (RD) forms and are determined using prospective budgeting and reasonably anticipated income.
Benefits will be “frozen” for the six months of the semi-annual period, except under specified circumstances. Circumstances under which benefits may be adjusted during the period include:
|
·
|
Increases based on voluntary participant mid-period reports, including reports of decreased income;
|
|
·
|
Decreases or discontinuances based on mandatory participant mid-period reports, including reports of income over the IRT;
|
|
·
|
Decreases or discontinuances based on County-initiated mid-period actions; or
|
|
·
|
Discontinuances at the individual or household’s request.
|
These changes are described in detail within this release.
|
|
Reporting Requirements – AR/CO
|
If there is no aided adult in the AU, the case is an AR/CO case, with the exception of an adult who has been sanctioned due to non-compliance with WtW requirements.
The following list of AR/CO cases is not exhaustive:
|
·
|
All adults have timed-out (i.e., Safety Net case);
|
|
·
|
The adult(s) is excluded from the AU because of a fleeing felon status, or is in violation of probation or parole;
|
|
·
|
The adult(s) does not qualify for CalWORKs due to immigration status;
|
|
·
|
The adult(s) does not qualify because of failure to provide Social Security Number;
|
|
·
|
The adult(s) is receiving Supplemental Security Income;
|
|
·
|
The adult(s) is a Non-Needy Relative;
|
|
·
|
The adult(s) is sanctioned due to refusal to assign child/spousal support rights;
|
|
·
|
The adult(s) has been convicted of an Intentional Program Violation (IPV) prior to July 1998; or
|
|
·
|
The adult(s) is a striker.
|
Under AR/CO eligibility, benefits for a twelve-month period are based on information provided on the RD forms and are determined using prospective budgeting and reasonably anticipated income. AR/CO AUs are not required to complete a SAR 7 report.
Benefits will be “frozen” for the twelve months of the annual period, except under specified circumstances. Circumstances under which benefits may be adjusted during the period include:
|
·
|
Increases based on voluntary participant mid-period reports, including reports of decreased income;
|
|
·
|
Decreases or discontinuances based on mandatory participant mid-period reports, including reports of income over the IRT;
|
|
·
|
Decreases or discontinuances based on County-initiated, mid-period actions; or
|
|
·
|
Discontinuances at the individual or household’s request.
|
These changes are described in detail within this release.
|
|
Mandatory Reports
|
Participants are required to report mandatory mid-period changes to the County within ten calendar days of the date the change becomes known to the participant.
Participants may report mandatory mid-period changes in writing or verbally (either in person or by phone).
Note: Mid-period changes, which must be reported for CalWORKs must not always be reported for CalFresh. But, if the participant of a case with both CalWORKs and CalFresh reports a change required to be reported for CalWORKs, the change must also be reviewed for CalFresh.
Mandatory mid-period reports are as follows:
|
SAR
|
AR/CO
|
|
·
|
When income exceeds the IRT
|
·
|
When income exceeds the IRT
|
|
·
|
Address changes
|
·
|
Address changes
|
|
·
|
Fleeing felon status
|
·
|
Fleeing felon status
|
|
·
|
Violation of conditions of violation or parole
|
·
|
Violation of conditions of violation or parole
|
|
|
|
·
|
Changes in family composition
|
|
|
Voluntary Reports
|
CalWORKs participants may voluntarily report changes in income and circumstances which may increase their benefits at any time during the SAR or AR/CO Payment Period. These reports are known as Voluntary mid-period reports.
Examples of such changes include, but are not limited to when:
|
·
|
The family’s income decreases;
|
|
·
|
Someone moves into the home for SAR; or
|
|
·
|
A CalWORKs AU member becomes pregnant and requests a special need.
|
When a CalWORKs participant voluntarily reports mid-period a change in income or circumstance which may increase their benefits, the County is required to take action on the reported change.
The County will only take mid-period action on those voluntary mid-period reports, which result in an increase in benefits.
Benefits must not be decreased mid-period as a result of voluntarily reported changes or changes not required to be reported.
The decrease must be “held over” for County action until the next required reporting period when determining eligibility and benefit levels using information reported on the next SAR 7 or RD.
|
·
|
No Change NOA
If the voluntary mid-period report does not result in an increase in benefits a “No Change” NOA must be sent to the AU informing the AU that the voluntary report did not increase their benefits.
|
|
·
|
Effective date of change
The effective date of an increase in benefits due to a voluntary report of decreased income is based on when the change was reported and when verification is received, not when the change occurred.
Increased benefits due to decreased income are effective the first of the month in which the change occurred or is reported and verified, whichever is later.
The household must provide verification of the change within ten calendar days of date stated on the request for verification.
|
|
If verification is…
|
Then…
|
|
Received timely
|
The effective date is based on the date the change was reported.
|
|
Not received timely
|
A “No Change” NOA must be sent to the AU, which states that no action to increase benefits was taken because verification was not received.
|
|
Provided after the ten calendar days
|
The date the verification was
provided is the new date of the voluntary mid-period report.
|
Note: Voluntarily reported changes in income do not include mandatory reports of income exceeding the IRT.
Note: Effective July 1, 2018, adults for whom a request is received to add them to the case must provide a photo ID in person. Failure to provide a photo ID would result in ineligibility for the entire AU. For detailed information regarding the photo ID requirement, see 40-105.3 Statewide Fingerprint Imaging System Requirements in ePolicy.
|
|
Voluntary Requests for Discontinuance of Benefits
|
Participants may request discontinuance of a program at any time during the SAR or AR/CO Payment Period. When the participant requests a discontinuance:
|
·
|
Verbally – a ten-day notice must be provided prior to the discontinuance; or
|
|
·
|
In writing – an adequate notice is provided, and discontinuance will be completed at the end of the month in which the request was made. A ten-day notice is not required in this instance as long as the NOA is adequate (e.g., sent before the effective date of the action).
|
|
|
Voluntary Changes in Family Composition – SAR
|
Changes in family composition include both participant voluntary reports of new members and members no longer in the home. Participants may voluntarily report changes any time during the SAR Payment Period.
Only changes that result in an increase to the AUs benefits can be made. If a change results in a decrease, a “No Change” NOA must be sent informing the AU that there are no changes to the benefits mid-period.
Verification Requirements
When a participant voluntarily reports a new family member, the new AU member cannot be aided for CalWORKs until the CW 8 - Statement of Facts for an Additional Person or a CW 8A - Statement of Facts to Add a Child Under Age 16 and all verification necessary to aid the person is provided.
Effective July 1, 2018, a photo ID must be provided in person when a request is received to add an adult/person mid-period.
|
If…
|
Then…
|
|
Photo ID in person is provided
|
The person must be added to the AU by the first of the following month, if cash benefits will increase, otherwise until the next payment period.
|
|
Photo ID in person is not provided
|
The person cannot be aided and the case must be discontinued at the end of the payment period with a ten-day NOA unless the participant provides the photo ID in person before the effective date of the discontinuance.
|
For detailed information regarding the Photo ID requirement, see 40-105.3 Statewide Fingerprint Imaging System Requirements in ePolicy.
Newborn Medi-Cal Deemed Eligibility
If the new CalWORKs AU member is a newborn in the home, all that is needed to aid the child immediately for Medi-Cal (pending receipt of required verification for CalWORKs) is the parent’s report of the newborn’s:
|
·
|
Name;
|
|
·
|
Gender; and
|
|
·
|
Date of Birth.
|
Note: No verification is required when the AU reports a member leaving the home.
Once the required verification is provided, the County can only take action on those voluntarily reported changes, which increase benefits.
If the voluntarily reported household change results in a decrease or discontinuance of benefits, the information cannot be acted upon in the current SAR Payment Period. A “No Change” NOA must be sent informing the participant the voluntarily reported change did not increase their benefits and reminding the participant to report the information on their next SAR 7.
|
|
Mandatory Changes in Family Composition – AR/CO
|
AR/CO participants are required to report changes in family composition any time during the AR/CO Payment Period. Changes in family composition include both reports of new members and members leaving the home.
Family composition changes must be made/acted on regardless of whether the change results in an increase or decrease to the AU’s benefits.
A NOA must be sent for all changes in benefits mid-period.
New Family Member - Verification Requirements
When an AR/CO participant reports a new family member, the new AU member cannot be aided for CalWORKs until the CW 8 or a CW 8A (for children) and all verification necessary to aid the person for CalWORKs is provided.
Effective July 1, 2018, a photo ID must be provided in person when a request is received to add an adult/person mid-period and the person does not already have a photo ID on file.
|
If…
|
Then…
|
|
Photo ID in person is provided
|
The person must be added to the AU by the first of the following month with a ten-day NOA regardless of whether the change results in an increase or decrease.
|
|
Photo ID in person is not provided
|
The person cannot be aided and the case must be discontinued at the end of the month with a timely ten-day NOA unless the photo ID is provided in person before the effective date of the discontinuance.
|
Note: The person must be added to the CalFresh segment provided they meet CalFresh eligibility requirements.
For detailed information regarding the Photo ID requirement, see 40-105.3 Statewide Fingerprint Imaging System Requirements in ePolicy.
Newborn Medi-Cal Deemed Eligibility
If the new CalWORKs AU member is a newborn in the home, all that is needed to aid the child immediately for Medi-Cal (pending receipt of required verification for CalWORKs) is the parent’s report of the newborn’s:
|
·
|
Name;
|
|
·
|
Gender; and
|
|
·
|
Date of Birth.
|
Once the required verification is provided, the County must determine the result of the reported change in the AU.
Family Member Leaving AU
No verification is required when the AU reports a member leaving the home. In addition, an overpayment is not to be established when a ten-day benefit reduction or case discontinuance NOA cannot be provided to the family following a timely mandatory report of the family composition change.
This policy change is effective with timely reports made in January 2017 or later.
|
|
County-Initiated Mid-Period Actions
|
In addition to budgeting for mandatory and voluntary mid-period changes, the County is required to act on certain changes in eligibility status mid-period.
Changes in eligibility status which are considered County-initiated and may occur any time during the Payment Period are listed below:
|
·
|
Late or incomplete submission of an eligibility status report SAR 7 requiring a decrease in benefits for the next SAR Payment Period;
|
|
·
|
Late or incomplete submission of RD forms/verification requiring a decrease in benefits for the next SAR or AR/CO Payment Period;
|
|
·
|
Adult reaches the CalWORKs 48-month Time Limit;
|
|
·
|
County imposes a sanction/penalty on individual members of the AU;
|
|
·
|
Cost of Living Adjustment updates for the following income types:
|
|
|
o
|
Minimum Basic Standard of Adequate Care, including in-kind income;
|
|
|
o
|
Maximum Aid Payment;
|
|
|
o
|
Social Security;
|
|
|
o
|
Veterans; or
|
|
|
o
|
Retirement.
|
|
·
|
The sanction is removed for an individual who corrects his/her WtW participation problem;
|
|
·
|
The penalty is removed for an AU that complies with the CalWORKs Program requirements;
|
|
·
|
Cal-Learn participant earns a Cal-Learn bonus or a sanction is imposed;
|
|
·
|
Child reaches the age limit;
|
|
·
|
Aid is approved for a child or adult who is currently being aided in another AU;
|
|
·
|
Child is placed in Foster Care;
|
|
·
|
Non-Minor Dependent is transferred to his/her own AU;
|
|
·
|
An AU becomes a Family Reunification case;
|
|
·
|
RCA recipient reaches the eight-month RCA time limit;
|
|
·
|
Corrective actions to correct case after a case review;
|
|
·
|
State Hearing decision resulting in mandatory changes mid-period;
|
|
·
|
Family fails to cooperate with Quality Control (QC);
|
|
·
|
County failure to act;
|
|
·
|
An AU member is no longer a California resident;
|
|
·
|
A new overpayment recoupment with a decrease in benefits for an AR/CO case only;
|
|
·
|
An AU is transferred to a Tribal Temporary Assistance for Needy Families case;
|
|
·
|
Nine-month real property exemption expires;
|
|
·
|
An AU member is confined in a correctional facility on the first of a month and is expected to remain for a full calendar month or more; and
|
|
·
|
An AU member becomes deceased.
|
|
|
o
|
For SAR reporters – If the death of a child is voluntarily reported by the AU, aid will not be decreased the month in which the death was reported or the following month. In addition, if it becomes known (other than voluntary) to the County that a child AU member is deceased CalWORKs aid will not be decreased until the beginning of the new SAR Payment Period.
|
|
|
o
|
For AR/CO reporters – CalWORKs aid will not be decreased the month in which the death of a child AU member occurred or the following month.
|
|
|
Late SAR 7
|
As indicated above, action on mid-period benefit changes is required, if necessary, as the result of a late SAR 7 submitted by the participant.
Submission of a late SAR 7 may require benefits be reduced for the next SAR Payment Period. However, if the benefits cannot be decreased due to the ten-day notice requirements, then the County is required to:
|
·
|
Issue benefits for the first month of the SAR Payment Period at the prior level;
|
|
·
|
Reduce benefits effective the first day of the next (second) month in that SAR Payment Period when ten-day notice of decrease in benefits can be provided; and
|
|
·
|
Identify an overpayment for any excess CalWORKs benefits issued due to inability to decrease with a ten-day NOA.
|
Example: An AU/household submits a late SAR 7 report on July 22 indicating an increase in earnings from the previous SAR period that will result in a decrease of benefits. Since there is no time to decrease benefits with a ten-day NOA, the AU will receive their July benefit amount for August. A NOA will be sent informing the AU that benefits will be decreased effective September and that an overpayment on the excess grant amount that was issued will be established for August.
|
|
Sanctions and Penalties
|
When the Eligibility Worker (EW) must impose a sanction or financial penalty on an aided individual in the AU:
|
·
|
A sanction or financial penalty can be imposed mid-period if the failure is a defined sanction or penalty, which may include but are not limited to the following: WtW sanction, child support penalty, immunization penalty, or IPV, etc.
|
|
|
o
|
The County must take action at the end of the month in which timely notice can be provided.
|
|
|
o
|
If there is insufficient time to provide a ten-day notice to reduce benefits, benefits must be issued at the prior, higher level.
|
|
|
o
|
For actions relating to a child reaching the age limit and an adult reaching the 48-month time limits, this will result in an overpayment for the month(s) in which benefits could not be appropriately reduced in time.
|
|
·
|
A mid-period action cannot be imposed for any failure to cooperate other than with QC or failure to provide if the action would not be defined as a penalty or sanction (for example, failure to apply for unemployment benefits).
|
|
|
Overpayments
|
When processing a mid-period change, an overpayment is not to be established when a ten-day benefit reduction or case discontinuance NOA cannot be provided to the family following a timely mandatory report of:
|
·
|
Income over the IRT (For SAR and AR/CO cases); and
|
|
·
|
Household composition changes (for AR/CO cases).
|
This policy is effective with timely reports made in January 2017 or later.
For all other instances, if an action to decrease or discontinue benefits mid-period (end of the month of change) based on a mandatory mid-period report cannot be taken due to ten-day notice requirements, then an overpayment must be identified for all excess benefits issued (for example, timely report of a violation of probation).
See Administrative Release 44-316.324 CalWORKs Income Reporting Threshold for additional information.
|
|
Address Changes
|
Participants are required to report address changes within ten calendar days. This reporting requirement is necessary in order to provide the County with the most up-to-date address so participants can receive benefits and correspondence in a timely manner.
Move Out-of-State
If a participant reports moving Out-of-State, benefits must be discontinued at the end of the month in which a ten-day notice can be provided, even if it is mid-period.
If the participant moved Out-of-State and was not entitled to receive cash aid in California an overpayment must be established for those months aid was continued due to the inability to provide a ten-day notice.
See Administrative Release 42-407 Residence Intention and Administrative Release 42-405 Absence from California for detailed information.
Move Out-of-County
When a participant reports moving to another County, an Inter-County Transfer (ICT) must be initiated. CalWORKs must be discontinued at the end of the ICT transfer period, even if it is
mid-period. The receiving County will use the most recent SAR 7 and SAWS 2 PLUS along with information sent with the ICT transfer to determine ongoing eligibility and grant amount. If the determination of eligibility results in a:
|
·
|
Decrease of benefits due to a change in circumstances or a move from Region 1 to a Region 2 County, the receiving County will initiate a County-initiated mid-period action to decrease benefits at the end of the transfer period with a timely NOA.
|
|
·
|
Increase of benefits, the receiving County will increase the benefit the first of the month following the end of the transfer period.
|
See Office Operations 02-321 Inter-County Transfers for detailed information.
|
|
Request for Special Need Payment
|
A participant may voluntarily report a special need at any time during the SAR or AR/CO period. Requests for special needs can include:
|
·
|
Nonrecurring special needs (including Homeless Assistance);
|
|
·
|
Pregnancy special needs; and
|
|
·
|
Recurring special needs.
|
|
|
Foster Care
|
For situations in which a child has been removed from the home and placed in Foster Care, a timely notice is not required prior to discontinuing the child from the first AU.
The grant can be decreased at the end of the month of removal, as long as an adequate NOA is provided before the effective date of the action. The NOA does not have to be timely – within ten days.
If there is insufficient time to decrease the grant at the end of the month of removal, any excess benefits received in the first AU for that child, after the month of removal, must be identified as an overpayment, provided an adequate NOA was sent before the effective date of the action.
|
|
Applied in Another AU
|
In situations where an individual has applied for aid in another AU, CalWORKs in the second AU cannot be approved until the individual has been discontinued from the first AU (to prevent duplicate aid from being issued). This discontinuance is done mid-period.
|
·
|
If the individual is a child, a determination must be made as to which caretaker has care and control in order to take action on either case.
|
|
·
|
In the situation where the second AU applies for aid for the only eligible child of the first AU, aid must be discontinued for the first AU (now consisting of only one or two adults and no eligible child) at the end of the month of the second AU’s application, and add the child to the second AU the first of the month following that application.
|
|
·
|
If no aid is requested by the second AU during the first AU’s SAR Payment Period, the first AU will not be discontinued until the end of the SAR Payment period, and no overpayment will be identified.
|
|
·
|
If no aid is requested by the second AU during the first AU’s AR/CO Payment Period, the first AU will be discontinued at the end of the month in which a ten-day notice can be provided following the participant’s timely report of the household change.
|
|
|
o
|
If a ten-day NOA cannot be provided following the participant’s timely report of the household change, no overpayment will be identified in the month following the report.
|
|
|
IRT
|
See Administrative Release 44-316.324 CalWORKs Income Reporting Threshold for detailed information.
|
|
ZBG
|
The policies outlined within this Administrative Release are applicable to the ZBG population. See Administrative Release 44-315.8 Zero Basic Grant for detailed information for detailed policy regarding the ZBG population.
|
AB 433 IMPLEMENTATION – SAR & AR/CO
|
Requirement
|
Limit/Condition
|
|
SAR Reporters
|
AB 433 makes no changes to current SAR reporting requirements. The County is not required to take any mid-period actions if it is not aware of the death of an AU member. However, if the County becomes aware of the death of a child in the AU, benefits shall not be decreased in the month of the death, or the following month.
See “Examples” section for additional information.
|
|
AR/CO Reporters
|
In contrast to SAR, household composition changes are mandatory mid-period reports under AR/CO. This means that participants are required to report the death of an AU member within ten calendar days and the County is required to recalculate benefits based on this change effective the first of the month following the change for the death of an adult AU member.
Prior to the implementation of AB 433, the death of a child in the AU would result in decreased benefits for an AR/CO case effective the first of the month following the death. With the implementation of AB 433, AR/CO cases receive one additional month of aid at the higher amount.
See “Examples” section for additional information.
|
|
Pregnant Woman Only (PWO)
|
AB 433 does not impact PWO cases.
|
·
|
The WIC section 11450.05(a) specifically states that, "for purposes of determining the maximum aid payment...the number of needy persons in the same family shall not be decreased because of the death of a child in the AU for the month in which the death occurred or the following month."
|
|
·
|
Because the language so clearly talks about removing needy AU members, the AB 433 changes only apply when the deceased child was a needy member of the AU. In a PWO case, the unborn child is neither considered a needy AU member nor a child in the AU; therefore, in the event of a loss of pregnancy in a PWO case, AB 433 does not apply.
|
|
·
|
However, the PWO case is under no obligation to report the pregnancy loss mid-period, and even if the PWO did report the loss, no County action should be taken to discontinue her case under such circumstances, until the end of the SAR Payment Period.
|
|
|
IRT
|
When a deceased AU member is removed from the AU mid-period, the AU must be provided a new IRT based on the new AU size.
|
·
|
If the AU is over their new IRT based on this change, they would have to report this to the County after they have been notified of their new IRT amount.
|
|
·
|
If their income is expected to continue at that amount, then the case would be discontinued at the end of the month in which the income first exceeded the new IRT (generally the month after the removal of the deceased AU member).
|
|
|
Recipient vs. Applicant Families
|
AB 433 only applies to recipient families that are already on aid.
|
·
|
If the only eligible child dies before the application is approved, the application would be denied because there is no eligible child.
|
|
·
|
If one of multiple eligible children dies before the application is approved, the deceased child would not be included in the AU, but the application could be granted for the remaining eligible AU members.
|
|
|
WtW Good Cause
|
Current CalWORKs policy excuses CalWORKs participants from participation in a WtW activity for Good Cause, if it is determined that a condition or other circumstance exists that temporarily prevents or significantly impairs their ability to be regularly employed or to participate in WtW activities.
Good Cause must be provided to families suffering from a child’s death, the month the death was reported or the following month. This includes ensuring that a CalWORKs participant(s) is not sanctioned while grieving following the loss of a child, regardless of whether an aided participant met WtW requirements.
A WtW sanction cannot be applied for a grieving CalWORKs participant due to failure or refusal to comply with WtW.
|
|
Information to Potential Services
|
Upon receiving notification of the death of a child in the AU, grieving participants must be assisted in accessing services for which he or she may be eligible including, but not limited to:
|
·
|
Information on mental health services and referrals;
|
|
·
|
CalFresh;
|
|
·
|
Family Stabilization; and
|
|
·
|
Housing Assistance and other cash aid programs.
|
|
|