California Department of Social Services - State Hearings Division
Notes from the Training Bureau - September 29, 1996

A county may impose both an FS and an AFDC sanction, if a mandatory GAIN registrant who receives FS benefits failed without good cause to comply with GAIN requirements, provided the county determined, pursuant to MPP §63-407.54, that the GAIN requirement is comparable to the FS work requirements. If the GAIN requirement is comparable to the FS requirement, the county must sanction the individual, or where applicable, the entire FS household.

A GAIN requirement is considered comparable if it is imposed in the same category of activity as specified in the FS work requirements.

The CDSS has determined that attending GAIN orientation is comparable to the FS work registration requirement found at MPP §63-407.81. Thus, if a mandatory GAIN registrant who receives FS benefits, failed without good cause to attend GAIN orientation, a county may properly impose both an FS and an AFDC sanction.

The CDSS has determined that signing a GAIN contract is not comparable to any FS work requirement. Therefore, if a mandatory GAIN registrant who receives FS benefits, failed without good cause to sign a GAIN contract, a county may not impose a FS sanction.

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Errata
(Item 97-03-01E, issued March 18, 1997)

In CDSS All-County Letter (ACL) 95-18, the answer to question 29 on page 13 says: "The requirement to participate in GAIN appraisal is not comparable to any of the Food Stamp work requirements, including FSET participation requirements. Therefore, a Food Stamp sanction is not imposed when an individual fails to attend a GAIN appraisal. Instead, he/she loses his/her Food Stamp work registration exemption and is work registered under the Food Stamp program if not otherwise exempt".

Both GAIN orientation and signing the GAIN contract are part of the appraisal process. Therefore, the above answer in ACL 95-18 applies to them.

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New regulations became effective in February 1997 that eliminated any reference in the Food Stamp program to comparability. Once the new regulations became effective, a person who receives both Temporary Assistance to Needy Families (TANF) and Food Stamp benefits, is subject to sanctions in both programs for any conduct leading to a GAIN sanction.