California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - August 16, 2004
| Item 04-08-02A Paraphrased Regulations |
This version of the paraphrased regulations provides additions and revisions to food stamp quarterly reporting/prospective budgeting (QR/PB) regulations. There are 49 new paraphrased regulations and 66 revised ones.
The new food stamp quarterly reporting regulations are effective July 1, 2004. All 58 counties actually began implementing quarterly reporting by June 1, 2004 or earlier. Thus if there is a QR/PB issue for any time period prior to July 1, 2004, the proper authority would be All County Letter (ACL) 03-18 and the other ACLs and All County Information Notices (ACIN) on QR/PB. Those ACLs and ACINs are listed on the front page of the QR/PB outline that was issued to all judges to be used with the video training on QR/PB.
The index for the revisions and additions to the paraphrased regulations are the following:
Deleted
227-6
227-8B
Revised
| 201-8 | Requirements for what late/incomplete CA 7/QR 7 NOA must include (63-508.6) |
| 211-1D | Interviews to be scheduled as soon as possible after application, and consideration must be given to special HH circumstances for scheduling interview (63-300.46, eff. 4/19/04) |
| 211-1E | Recertification scheduling (63-300.464, eff. 6/1/01, rev. 4/19/04) |
| 211-5 | Waiver of face-to-face interview requirement (63-300.44) |
| 213-1 | Duty of county to process timely reapplication prior to end of current certification period (63-504.61(a)) |
| 213-7 | Under MR/RB, rule regarding county's duty to act on reported changes (63-504.352 prior to QR/PB) |
| 050-2 | Readjustment period after deprivation ceases; no adjustment period with QR/PB (41-405.2 repealed with implementation of QR/PB) |
| 071-2A | Persons who are necessary to establish an AU (82-820) |
| 073-10A | Regulatory NOA requirements before MFG can apply; when MFG will not apply because AU has been off aid for two consecutive months (44-314.143, .31, .32; Nickols v. Saenz; ACL 00-78) |
| 109-22 | All whole or partial months in which an adult receives a cash grant count toward 60-month time limit, unless an exempt or diversion month (42-302.2) |
| 121-2 | Under MR/RB prospective and retrospective budgeting principles (44-313.1, .2 prior to QR/PB) |
| 121-3 | Under MR/RB discontinuous income not counted in third and fourth payment periods (44-313.31 prior to QR/PB) |
| 121-5 | Under MR/RB, income of person added to AU to be budgeted prospectively (44-313.41 prior to QR/PB) |
| 121-7 | Under MR/RB, suspension when ineligibility is for one month only (44-315.81 prior to QR/PB) |
| 121-8 | Under MR/RB, retrospective budgeting used following suspension unless significant change in circumstances (44-315.82, .83 prior to QR/PB) |
| 121-9 | Under MR/RB, exempt or nonexempt AU status retrospectively budgeted after beginning four months of aid (89-110.282, .283, .293 prior to QR/PB) |
| 121-11B | When income is "reasonably anticipated" so that it can be considered for eligibility and grant/allotment purposes. (ACL 03-18, 44-315.311) |
| 121-11D | Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167. (ACL 03-18, 44-315.315) |
| 122-11 | Under MR/RB, beginning date of aid for new AU member (44-318.1 prior to QR/PB) |
| 125-8 | Old rule: Financial eligibility based on estimated income (44-207.33, renumbered 44-207.23, 7/1/98; AB 1542; W&IC 11450.12; ACL 97-59) |
| 125-12 | Under MR/RB, income from person deleted from AU is not retrospectively budgeted (44-313.42 prior to QR/PB) |
| 128-5 | Exempt or nonexempt AU status retrospectively budgeted after beginning four months of aid (89-110.282, .283, .293 prior to QR/PB) Exempt or nonexempt status reasonably anticipated under QR/PB (89-110.28, .29 effective July 1, 2004) |
| 128-8 | In beginning months, AU is entitled to exempt MAP if it meets exempt qualifying conditions at any time during month (89-110.27, .28, .291 prior to QR/PB) |
| 134-5 | Right of recipient to provide evidence of actual in-kind income values (44-115.31, .32, .333) |
| 136-6 | In MR/RB, separate AU during period of ineligibility for someone who was not in AU at the time the lump-sum income was received (44-205.71 prior to QR/PB) |
| 137-2 | Income must be actually available (44-101) |
| 138-7 | First $50 per month of current child or spousal support is exempt income (44-111.47) |
| 141-4 | Applicants and recipients can choose either a 40% deduction from self-employment, or deductions allowed in the FS program (W&IC 11155.3(c); 44-113.212(a) prior to QR/PB) |
| 144-6 | In MR/RB, separate AU during period of ineligibility for someone who was not in AU at the time the lump-sum income was received (44-205.71 prior to QR/PB) |
| 145-2 | Income must be actually available (44-101) |
| 150-4 | Under MR/RB, RISP correctly computed based on reasonable estimate does not result in overpayment (44-350.17 prior to QR/PB) |
| 150-12 | Under MR/RB, no overpayment or underpayment when RISP correctly computed based on reasonable estimate of income (44-402.6 prior to QR/PB) |
| 152-2 | Calculation of excess property overpayment (44-352.11) |
| 153-2 | Limits on overpayment adjustments (W&IC 11004(c); ACL 97-66; 44-352.41, revised 7/1/98) |
| 161-2 | Under MR/RB, no underpayment when RISP correctly computed based on reasonable estimate of income (44-340.14 prior to QR/PB) |
| 163-1 | Under MR/RB, RISP correctly computed based on reasonable estimate does not result in overpayment (44-350.17 prior to QR/PB) |
| 163-2 | Under MR/RB, no underpayment when RISP correctly computed based on reasonable estimate of income (44-340.14 prior to QR/PB) |
| 163-3A | Under MR/RB, general rule as to when RISP can be issued, amount of RISP (44-401.1, .2, 44-402.1 prior to QR/PB) |
| 163-3B | Under MR/RB, net available income, for budget and payment month, defined (44-402.2 prior to QR/PB) |
| 163-5 | Under MR/RB, special needs are not to be considered as part of the grant amount for the payment month in determining the net available income for RISP purposes (44-402.211, formerly 44-402.213 prior to QR/PB) |
| 163-6 | Under MR/RB, no overpayment or underpayment when RISP correctly computed based on reasonable estimate of income (44-402.6 prior to QR/PB) |
| 163-7 | Under MR/RB, circumstances where county is required to mail the RISP Request Form (CA 40) |
| 163-7A | Under MR/RB, county is required to explain RISP procedure at annual redetermination (40-181.212 prior to QR/PB) |
| 163-8 | Under MR/RB, grant amount for RISP net available income purposes does not include grant adjustment (or child support penalty (44-402.212; formerly 44-402.214, 44-402.213 prior to QR/PB) |
| 216-4A | Certification period may not be shortened (63-504.161, eff. 4/19/04) |
| 219-3 | Requirements for what late/incomplete CA 7/QR 7 NOA must include (63-508.61) |
| 221-1 | Under MR/RB, discontinuance for failure to submit a complete CA 7 (63-504.361(b) prior to QR/PB) |
| 221-2 | Under MR/RB, CW 7 completeness, dating (63-504.321 prior to QR/PB) |
| 221-2A | Under MR/RB, CW 7 must be signed to be complete (63-504.323 prior to QR/PB) |
| 221-3 | Under MR/RB, definition of complete CW 7 (63-504.324 prior to QR/PB) |
| 221-4 | Under MR/RB, general duty to submit CA 7. Households not required to otherwise report changes (63-505.2 prior to QR/PB) |
| 221-5 | Definition of "extended filing date" (63-102(e)(4)) |
| 221-9 | Certain households (migrant and seasonal farmworker; elderly and disabled without earnings; homeless, those on Indian reservations) are not subject to MR/RB or QR/PB (63-505.21) |
| 222-1 | Under MR/RB, failure to submit required verification of deductions with CA 7 (63-504.34 prior to QR/PB) |
| 222-2 | Under MR/RB, necessity of verifying certain items reported on the CA 7 (63-504.341 prior to QR/PB) |
| 222-3 | Under MR/RB, county action when questionable information or verification is submitted with CA 7; definition of questionable information (63-504.343 prior to QR/PB, 63-300.5(g)) |
| 222-4 | Under MR/RB, complete CA 7 must include verification of earned income and verification of changes in unearned income (63-504.325 prior to QR/PB) |
| 222-5 | Under MR/RB, verification of utility costs on CA 7, SUA on CA 7 (63-504.341(c) prior to QR/PB) |
| 222-7 | Under MR/RB, county may elect to verify housing costs when first allowed, or when there is a move (63-504.342 prior to QR/PB) |
| 223-1 | Under MR/RB, failure to submit required verification of deductions with CA 7 (63-504.34 prior to QR/PB) |
| 223-3 | Requirements for what late/incomplete CA 7/QR 7 NOA must include (63-508.61) |
| 226-1 | Certain households (migrant and seasonal farmworker; elderly and disabled without earnings; homeless, those on Indian reservations) are not subject to MR/RB or QR/PB (63-505.21) |
| 227-2 | Terms used in QR/PB reporting system (ACL 03-18, 63-102) |
| 227-10 | Recipients required to report certain specified changes to the county within 10 days of the change in addition to changes reported on the QR 7 form. Mandatory items for recipient to report listed. (ACL 03-18, 63-508.13) |
| 252-13 | Treatment of AFDC COLAs as income or property, depending when the COLA was issued (63-503.232(c)(5)(A); 63-502.2(j); ACL 97-32) |
| 260-1 | Under MR/RB, county is to take into account the actual income already received by the HH during the month of application and the HH's estimate of income during other beginning months (63-503.212 prior to QR/PB) |
| 260-3 | Net income of all other HHs other than elderly or disabled (63-503.311; Handbook 63-1101.2; ACL 98-78, 00-63, 01-56, 02-62) |
| 260-3C | Net monthly income of household with elderly or disabled member (63-503.312; ACL 96-56, 01-56, 02-62) |
| 261-2 | Net income maximum (63-409.112; Handbook 63-1101.32) |
| 261-3 | Prospective determination of income eligibility (63-503.231) |
| 264-1 | Self-employment income is to be added to other income and then deductions apply (63-503.31, .415) |
| 264-4 | Averaging self-employment income for eligibility determination (63-503.412(a), (b)) |
| 264-7A | Under MR/RB, it is only HHs exempt from retrospective budgeting which may have weekly or biweekly income multiplied by 4.3 or 2.15 (ACIN I-25-02; 63-505.21) |
| 265-1A | No increase, but also no decrease, in FS benefits due to failure of person to comply with welfare or PA rules, when such failure results in decreased aid payments (63-502.17, 63-503.7, .71) |
| 265-8 | Under MR/RB, it is only HHs exempt from retrospective budgeting which may have weekly or biweekly income multiplied by 4.3 or 2.15 (ACIN I-25-02; 63-505.21) |
| 269-2 | Under MR/RB, proration of student grants and loans (63-503.212(b)(2) prior to QR/PB; ACL 92-72) |
| 270-13 | Proration rules for housing and utility costs differ depending on whether there is one FS HH with excluded person(s), or two FS HHs (ACL 02-55, 63-502.371, .375(c)) |
| 272-1 | Net monthly income of HH with elderly or disabled member (63-503.312; ACL 96-56, 01-56, 02-62) |
| 280-1 | Monthly allotment based on HH's size and net income (63-503.324) |
| 280-4 | 4 Under MR/RB, generally HHs will have income counted in month of receipt except when two regular payments are received in one month, in which case the income will count in each month (63-503.232(c) prior to QR/PB) |
| 281-1 | Under MR/RB, treatment of applications of HHs who move from one county or state to another (63-503.91) |
| 281-2 | Retrospective budgeting rule (63-503.23, 63-102(r)(11) prior to implementation of QR/PB) |
| 281-3 | Certain households (migrant and seasonal farmworker; elderly and disabled without earnings; homeless, those on Indian reservations) are not subject to MR/RB or QR/PB (63-505.21) |
| 281-7 | Treatment of AFDC COLAs as income or property, depending when the COLA was issued (63-503.232(c)(5)(A) prior to QR/PB); 63-502.2(j); ACL 97-32) |
| 281-9B | When income is "reasonably anticipated" so that it can be considered for eligibility and grant/allotment purposes (ACL 03-18, 63-509(a)(2)) |
| 281-9C | Times when county is required to determine what is "reasonably anticipated" income listed (ACL 03-18, 63-509(a)(2)(C)) |
| 281-9D | Under QR/PB, weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167 (63-509(a)(5)) |
| 281-9E | For fluctuating income, county must average income over the QR payment quarter. Steps listed for county to determine monthly average income (ACL 03-18, I-54-03, 63-509(a)(4)) |
| 281-11B | Definition of "issuance month" (63-102(i)(10)) |
| 281-13 | Under MR/RB, manner in which county is to estimate income during beginning months (63-503.212(a) prior to QR/PB) |
| 281-15 | Under MR/RB, suspension in issuance month when temporary income change in budget month (63-504.372 prior to QR/PB) |
| 282-1 | Under MR/RB, discontinued income defined; income received in beginning months which is non-continuous into the budget month is not to be retrospectively budgeted (63-503.232(d)(1) prior to QR/PB) |
| 282-2A | Under MR/RB, discontinued income cannot be retrospectively budgeted only when PA or GA grant, timely reporting, and increase in PA/GA grant (63-503.232(d)(2) prior to QR/PB) |
| 283-1 | Under MR/RB, GA/GR grant covering two months is income in month of receipt (63-503.232(c)(3) prior to QR/PB) |
| 284-1 | Under MR/RB, rule regarding county duty to act on reported changes when the change is the addition of a new HH member (63-504.353 prior to QR/PB) |
| 284-2 | Under MR/RB, county duty to act if reported change results in an increase or decrease in an HH's benefits (63-504.353 prior to QR/PB) |
| 285-1 | Under MR/RB, member who leaves HH does not have income or deductions retrospectively budgeted the month after the leave is reported (63-504.356 prior to QR/PB) |
| 285-2 | Under MR/RB, changes reported outside CA 7 shall be effective in corresponding issuance month, except for household member's addition (63-504.357 prior to QR/PB) |
| 286-1 | Change reporting HHs are migrant and seasonal farmworker, certain elderly or disabled, and homeless (63-505.21) |
| 305-2 | Required notice when county determines that noncompliance was without good cause (63-407.52) |
| 306-1A | Length of FS sanctions (63-407.53) |
| 307-4 | Reimbursement for transportation, child care, and other costs; reasonable costs of transportation defined (63-407.83) |
| 308-1A | New Rule: Voluntary quit or reduced work effort rules (63-408.1, .11 and .12) |
| 308-6C | Individuals who qualify for exemption excused from voluntary quit or reduced work disqualification provision (63-408.3) |
New
| 212-12 | In QR/PB, recipients have mandatory mid-quarter reporting requirements (63-508.13) |
| 215-4B | Transitional food stamps for households who lose CalWORKs (63-504.131, .132) |
| 215-4C | Benefits issued in an amount equal to allotment received in last month of CalWORKs adjusted to deduct CalWORKs grant (63-504.132(a)) |
| 216-2A | Certification periods may match QR reporting cycles (Handbook 63-504.1) |
| 226-1A | Change reporting households defined (migrant and seasonal farmworker; elderly and disabled without earnings; homeless, those on Indian reservations) (63-102(c)(11)) |
| 227-1A | QR/PB regulations implemented no later than July 1, 2004 (63-034.2, .3) |
| 227-2A | Mid-quarter change defined (63-102(m)(7)) |
| 227-3A | Under QR/PB, general duty to complete QR 7 and report other mandatory changes (63-505.2 effective July 1, 2004) |
| 227-3B | Under QR/PB, the QR 7 submitted in the third month of the quarter (63-508.11, .12) |
| 227-3C | County must provide QR 7 by first of data month; prospective budgeting used to compute allotment for upcoming quarter (63-508.31) |
| 227-3D | Recipient reporting responsibilities on the QR 7 (63-508.321) |
| 227-3E | QR 7 must be dated no earlier than first day of submit month (63-508.411) |
| 227-3F | QR 7 must be signed by head of household, authorized representative or other responsible household member (63-508.43) |
| 227-3G | Definition of complete QR 7 (63-508.44) |
| 227-3H | Complete QR 7 must include verification of earned income and verification of changes in unearned income (63-508.451) |
| 227-4B | No county duty to issue second notice of action for incomplete QR 7; overissuance established if county cannot issue 10-day notice to decrease benefits (63-508.62, .623) |
| 227-4C | Requirements for what a late/incomplete QR 7 NOA must include (63-508.61) |
| 227-4D | Reasons household terminated from food stamps (63-508.53) |
| 227-6 | Good cause may be established for failing to return a complete QR 7 in food stamps (63-508.64) |
| 227-8B | Under QR/PB, resource eligibility established once per quarter based on information reported on QR 7 (63-508.66) |
| 227-12I | County must resolve any discrepancy between mid-quarter reported change and information on subsequent QR 7 (63-508.653) |
| 240-2A | Under QR/PB, county-initiated mid-quarter actions (63-509(h)) |
| 248-6 | Under QR/PB, county must delete drug/fleeing felon, parole/probation violator from PAFS household at end of month that 10-day notice is issued (63-509(b)(1)(B), (c)(1)) |
| 251-1A | Under MR/RB, resources not counted if reduced below limit in month received (63-504.351(b), 63-504.372(a)) |
| 258-4 | Under QR/PB, resource eligibility established once per quarter based on information reported on QR 7 (63-508.66) |
| 264-1A | In QR/PB, self-employment income averaged over QR Payment Quarter (63-503.411(a)) |
| 268-2A | In QR/PB, educational loans and grants averaged after exclusions, averaged over intended period (63-503.5) |
| 273-6 | Determining reasonably anticipated medical, child care and child support expenses (63-509(a)(3)(A)) |
| 273-6A | Under QR/PB, shelter costs are fixed at application and recertification until change reported. Utility costs are fixed except for household with SUA that may switch to actual if costs verified (63-509(a)(3)(B) and (C)) |
| 280-5 | Under QR/PB, generally benefits frozen for three months. Circumstances under which mid-quarter adjustments may be made (63-508.14) |
| 281-1A | Under QR/PB, treatment of households that move out of state/out of county (63-503.91, .911) |
| 281-10 | Benefits for next quarter based on prospective budgeting; documentation required to explain how income was projected (63-509(a)(1)) |
| 281-10A | Under QR/PB, steps county may take to reasonably anticipate income for next QR Payment Quarter (63-509(a)(6)) |
| 281-14A | County must provide QR 7 by first of data month; prospective budgeting used to compute allotment for upcoming quarter (63-508.31) |
| 281-17 | Under QR/PB, county-initiated mid-quarter actions (63-509(h)) |
| 284-3B | New household member added first of month following month person reported in home and verification provided. (63-509(f)) |
| 284-3C | Only new household member's income averaged over remaining months of quarter (63-509(f)(2)) |
| 284-3D | If new person would decrease benefits or make household ineligible, county takes no mid-quarter action, but sends notice of action reminding household to report new member on next QR 7 (63-509(f)(3) and (4)) |
| 285-4 | Under QR/PB, recipients must report within 10 days address changes and for ABAWDs reduction in work hours (63-509(b)(1)) |
| 285-5 | Under QR/PB, county action on mandatory mid-quarter reports (63-509(b)(1)(B),(c)(1) and (4)) |
| 285-6 | Under QR/PB, county only acts to increase benefits on voluntary reporting; verification is required (63-509(d)) |
| 285-6A | Under QR/PB, county must issue a "No change notice of action" following a voluntary report if it cannot increase benefits (63-509(d)(7)) |
| 285-6B | Under QR/PB, county must recalculate benefits based on voluntary mid-quarter report (63-509(e)(1)) |
| 285-6C | Under QR/PB, changes in submit month reported on QR 7 are voluntary reports (63-509(e)(2) Handbook) |
| 292-7E | 292-7E For QR households, an overissuance established for failure to report change on QR 7 for data month and county incorrectly computes benefits (63-801.311(c)) |
| 292-7F | Overissuance established if county cannot issue 10-day notice to decrease benefits (63-508.623 (Handbook)) |
| 306-10 | Under QR/PB, county-initiated mid-quarter actions (63-509(h)) |
| 321-4D | ABAWD must report within 10 days when hours of employment reduced to under 20 per week or 80 per month (63-410.211(a)) |
| 344-11 | Under QR/PB, county-initiated mid-quarter actions (63-509(h)) |