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GAIN |
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400 Exemptions |
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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?
1. Effective January 1, 2022, Senate Bill (SB) 65 modified the policy for granting a pregnancy exemption. CalWORKs participants are no longer required to provide proof that their pregnancy impaired their ability to participate in Welfare-to-Work (WtW)/Refugee Employment Program (REP) activities, or to be regularly employed. 2. Prior to January 1, 2022, CalWORKs participants were required to provide medical verification and: a. Provide verification that their pregnancy impaired their ability to participate in WtW/REP activities, or to be regularly employed, or b. Obtain a determination from County staff that participation would not readily lead to employment or that a training activity was not appropriate.
Note: Changes are shown highlighted in gray throughout the document. |
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CalWORKs recipients are required to participate in WtW/REP activities as a condition of eligibility for cash aid, unless exempt or excused from participation.
Excused from WtW/REP Participation
CalWORKs recipients may be excused from WtW/REP participation if they meet one of the reasons below:
A. An individual is required to participate in, is participating in, or is exempt from the Cal-Learn Program. These individuals are subject to Cal-Learn Program requirements in lieu of WtW/REP requirements. B. A second parent in a two-parent Assistance Unit (AU) is not required to participate in WtW/REP activities because the first parent is meeting the required participation hours. C. A Non-Minor Dependent (NMD), age 18-21 years old, who meet one or more of the below requirements: 1) Enrolled in and working towards completing high school or an equivalency program, 2) Enrolled at least half-time in post-secondary or vocational school, or enrolling for the next available term, 3) Participating in a program or activity that promotes or removes barriers to employment, 4) Employed at least 80 hours per month, or 5) Incapable of enrollment or participation in school or employment due to a documented physical, mental, or emotional medical condition. D. A parent in an AU that includes an optional step-parent, who is not required to participate in WtW/REP activities because either the step-parent or the natural or adoptive parent is meeting the required participation hours.
Exemption Reason/Criteria
CalWORKs recipients may be exempt from WtW/REP participation if they meet one of the reasons below:
A. The child is under 16 years old. B. School Attendance: 1) The child/teen is 16, 17, or 18 years old and is attending school full-time (school grade 12 or below, vocational, or technical school). a. Full-time attendance is defined by the school. b. A teen 16-17 years old, who is deemed a chronic truant will not re-qualify for this exemption by attending school as a required WtW/REP activity. c. Teens 16-17 years old are presumed to be attending school regularly unless the School District or School Attendance Review Board (SARB) notifies the County that the child is a chronic truant. 2) A teen 16-17 years old, who has obtained a high school diploma or its equivalent and is enrolled or planning to enroll in a post-secondary educational, vocational, or technical school training program. C. Individual is 60 years of age or older. D. Individual has a disability (physical or mental condition) and the disability: 1) Is expected to last at least 30 calendar days, 2) Significantly impairs the individual’s ability to participate in WtW/REP activities or be regularly employed, and 3) Is actively seeking appropriate medical treatment, as verified by a doctor. E. An aided non-parent relative caring for a child who is a dependent or ward of the court, or child who is receiving Kin-GAP benefits, or a child at risk of placement in Foster Care, and the caretaking responsibilities impair the caretaker relative’s ability to participate in WtW/REP activities or to be regularly employed beyond normal day-to-day parenting responsibilities. F. An individual’s presence in the home is required because of the illness or incapacity of another member of the household, and the caretaking responsibilities impair the individual’s ability to participate in WtW/REP activities or to be regularly employed. G. A parent or caretaker relative who has primary responsibility for providing care to a child 12 months or under. 1) This exemption is available one-time and available upon the participant’s request. 2) This exemption does not apply to a 19-year-old custodial parent who has no high school diploma or equivalent and is not participating in Cal-Learn. H. A parent or caretaker relative who has previously received the one-time exemption for caring for a child 12 months or under will be exempt for six months or upon the birth or adoption of any subsequent children. I. A parent or caretaker relative who has primary responsibility for providing care to a child 0-23 months old. 1) This exemption became effective January 1, 2013, and is available one-time upon the participant’s request. 2) In a two-parent AU, the exemption may be switched from one parent to the other only one-time if there is a change in caretaking responsibilities. 3) This exemption may be reinstated after a break in cash aid if the same child continues to meet the age criteria. J. A pregnant person during any trimester of pregnancy. K. An individual who is a full-time volunteer in the Volunteers in Service to America (VISTA) Program.
The chart below provides a description of each exemption, the Welfare Data Tracking Implementation Project (WDTIP) exception code, and whether the exemption stops the CalWORKs 60-Month Time Clock (MTC).
Exemption Period
Exemptions are granted prospectively based on the exemption request date and verification provided, except for retroactive disability exemptions. The exemption will end when the criteria is no longer met, or if the individual is required to participate due to the second parent’s sanction status.
Disability and taking care of an ill household member exemptions must be reviewed by the expected end date, or at least annually, whichever is sooner.
Retroactive Disability Exemption
The disability exemption must be retroactively granted for months in which participants provide verification that their condition impaired their ability to be employed or to participate in WtW/REP activities and they were actively seeking treatment prior to the exemption request date. If verification is received to substantiate this information, the Onset Date may be used as the Begin Date for the disability exemption. However, the Onset Date should not be used as a default Begin Date. For example, the Onset Date may be prior to when the participant started receiving CalWORKs, or the condition may not have impacted the participant’s ability to participate until a later date.
Child Care for Exempt Participants
An exempt WtW/REP participant who indicates an intent to participate in a WtW/REP activity and signs a Welfare-to-Work Activity Assignment (WTW 2) may be eligible for immediate and continuous Stage 1 Child Care (S1CC). If an Exempt Volunteer decides not to participate prior to signing a WTW 2, S1CC will be discontinued. |
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The passage of SB 65, effective January 1, 2022, modified the policy for granting a pregnancy exemption for a CalWORKs participant. |
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