Item 02-03-01C.htm

California Department of Social Services - State Hearings Division
Notes from the Training Bureau - March 28, 2002

Item 02-03-01C
ACL 01-82 November 26, 2001 (Synopsis): Questions and Answers Regarding the CalWORKs Maximum Family Grant (MFG) Rule

ACL 01-82 November 26, 2001

Subject: Questions and Answers Regarding the CalWORKs Maximum Family Grant (MFG) Rule

Reference: ACLs 97-29 and 00-78; All County Information Notice (ACIN) I-82-00

This ACL provide 30 questions and answers regarding the MFG rule. Answers to some of the questions are set out below.

The Nickols v. Saenz settlement order establishes new MFG informing requirements and two new MFG notices, the CW2102 and CW2102A. The CW2102 contains a written acknowledgement of receipt of the informing notice and is to be signed by the applicant/recipient. The original is to be kept in the case file and a copy given to the applicant/recipient.

On or after July 1, 2001, the MFG rule may only be applied to the child of a minor parent, who was a dependent in her senior parent’s case, if the assistance unit was provided a copy of the CW2102 or CW2102A at least ten months before the birth of the child and at the latest redetermination ten months before the child’s birth.

On or after November 1, 2001 through October 31, 2002, the MFG rule applies only if the assistance unit is provided the CW2102 or CW2102A at least ten months prior to the child’s birth and at the most recent redetermination.

On or after November 1, 2002, the MFG rule applies only if the assistance unit’s case file contains a signed copy (or documentation of refusal to sign) of the CW2102 that was provided to the assistance unit at application or the most recent redetermination that was at least ten months before the child’s birth.

Although Nickols primarily involved issues related to minor parents, some provisions of Nickols apply to all cases.

All applicants and recipients must receive the CW2102 or CW2102A at application and redetermination;
a month of suspense and/or month in which aid is not paid because of a zero basic grant counts as a break-in-aid for MFG purposes;
when a child is added to the case and the MFG rule is applied, notice of action messages must contain the date the applicant/recipient was informed in writing of the MFG rule.

This ACL also provides:

Failure of Depo-Provera to prevent pregnancy is equivalent to failure of Norplant for MFG purposes and thus provides an exemption from the MFG rule.

If the MFG rule was properly applied to a child when the child was born and living with his/her mother, the MFG rule continues to apply if the child leaves the mother’s home and moves in with the father even if the father never received CalWORKs previously.

The MFG rule may be applied to a non-needy caretaker relative such as an SSI/SSP recipient or an undocumented immigrant if such non-needy caretaker relative was properly notified of the MFG rule.

An MFG child is considered to be eligible for, and a recipient of CalWORKs even though the family’s Maximum Aid Payment (MAP) is not increased.