Food Stamp Paraphrased Regulations

 

200-1       Complaint procedure; reference to 22-100 (63-106.1)

200-2       FS eligibility must be determined according to federal law (W&IC 18901)

200-3       State hearings under FS Program conducted according to the provisions of Division 22 (63-804.1)

200-4       FS decision must be issued within 60 days of hearing request (22-060.11)

200-5       W&IC is the abbreviation for the Welfare & Institutions Code

200-6       Claimant and AR can review agency file, obtain free copies of relevant portions of the case file; information not released to the claimant cannot be admitted into evidence (7 CFR 273.15(p)(1))

200-7       FS hearing decisions shall comply with federal law and regulations, and shall cite pertinent federal regulations (7 CFR 273.15(q)(1) and (2))

200-8       Food Stamp Program renamed the “Supplemental Nutrition Assistance Program” or SNAP effective October 1, 2008. (ACL 08-37)

201-1       12-month limitation of restoration of lost benefits (63-802.42)

201-2       Time limits for filing state hearing request (63-804.5, 63-802.42)

201-3       Time limits for filing state hearing request (7 CFR 273.15(g))

201-4       Adequate notice, FS (63-504.211)

201-5       Statute of limitations, general (22-009.1)

201-8       Requirements for what late/incomplete CA 7/QR 7 NOA must include (63-508.6)

201-9       Requirements for what voluntary quit NOA must include (63-408.21)

201-10     Requirements for what approval NOA must include (63-504.221)

201-11     Requirements for what ending/shortening certification period NOA must include (63-504.253)

201-12     Requirements for initial collection NOA (62-801.431)

201-12A  Old rule: Requirements for what repayment NOA must include (63-801.431 revised 8/10/01; 7 CFR 273.18(d)(3)(ii))

201-12B   Initial food stamp overissuance notice of action must provide at least minimum amount of information on how claim was calculated (ACIN I-16-05)

201-14     Required language for overpayment and overissuance notices (Anderson v. McMahon; ACL 90-14)

201-15     Federal requirement for overpayment notice language (7 CFR 273.18(e)(3))

203-1       Federal requirements on notice and delinquency when fair hearing decision on FS overissuance is pending (7 CFR 273.18(3)(6))

209-4       Equitable estoppel may not be applied against the federal government when it would result in a payment of funds not authorized by Congress, upheld in unpublished Court of appeals decision (OPM v. Richmond; Vang v. Healy; Vang v. Saenz)

209-5       Lost FS benefits a measure of injury for equitable purposes which may reduce the CalWORKs overpayment (ACIN I-60-96)

209-11     No equitable estoppel against federal government (OPM v. Richmond; Vang v. Saenz)

 

 

210-1       Appointment of FS authorized representative; authority of authorized representative (63-402.61)

210-3       County duty to have regulations, ACLs, W&IC, other public social service laws, in waiting or reception room in each central or district county office (Handbook 17-017)

210-4       Requirements that applications must have certain information in prominent lettering and language (7 CFR 273.2(b))

210-5       Record retention requirements in FS (ACL 02-12; 23-350)

211-1       General food stamp application process (63-300.1 and .12)

211-1B     NOMI required after one missed interview, but if applicant reschedules within 30 days, and eligibility is established, the date of application is the beginning date of aid (63-301.32, 63-300.451, .452, .453)

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)

211-2       Denial of application, noncooperation, generally (63-505.1)

211-3       Withdrawal of FS application (63-300.36)

211-4       Face-to-face interview requirement (63-300.4)

211-5       Waiver of face-to-face interview requirement (63-300.44)

211-7       Members outside the HH, who are not excluded HH members, are not required to cooperate for HH to establish eligibility (63-301.31, .311)

211-8       Adult, or minor applying as a separate HH, or AR when no adult is required or able, must comply with FS SFIS or benefits will not be issued (63-601.12, .14; ACL 00-32)

211-8A    Conditions for postponement of SFIS process (63-601.13)

211-9       Counties must inform applicants/recipients of SFIS requirements (ACL 00-32)

211-10     Applications may be submitted in person, by mail, or electronically (63-300.3, revised 6/1/01)

211-10A  Right to apply for food stamps on day household contacts food stamp office; no interview requirement before filing application (63-300.31 and .32)

211-11     When household provides verification after certification period, but within 10 days of request, benefits are not prorated (63-300.5(b), rev. 3/21/02)

212-1       Household has primary responsibility to provide evidence to support income statements, and to resolve questionable information, but county must assist (63-300.5(i))

212-2       Information to be verified before certification (63-300.5(e))

212-3       Optional verification (63-300.5(f))

212-4       Verification of questionable information; criteria for judging when information is questionable (63-300.5(g))

212-5       County use of home visits as method of verification (63-300.5(h)(3))

212-6       Determination as to what is classified as a "loan" and therefore exempt income (63-300.5(f)(2))

212-7       Collateral contacts as a source of verification (63-300.5(h)(2))

212-8       Delay in providing verification may result in loss of deduction but not decertification (63-300.5(c))

212-9       Shelter costs must be verified if allowing the expense will result in deduction (63-300.5(f)(4))

212-10     Verification of utility costs; subject to county option (63-300.5(e)(6), 63-504.341)

212-11     Households must verify gross nonexempt income. County action when verification cannot be provided (63-300.5(e)(1))

212-12     In QR/PB, recipients have mandatory mid-quarter reporting requirements (63-508.13)

213-1       Duty of county to process timely reapplication prior to end of current certification period (63-504.61(a))

213-2       Interviews shall be scheduled promptly; 30-day rule; the county shall schedule second interview if household fails to appear at first (63-300.45; ACIN I-87-90)

213-3       County's duty when delay in processing application is the fault of the county; county is required to issue benefits retroactive to date of application (63-301.431, .432)

213-4       When delay due to household fault, county has option of continuing to process application. No eligibility to benefits for month of application (63-301.42)

213-5       Denial of application--failure to provide verification requested by county on date of application (63-301.3)

213-6       Members outside the HH, who are not excluded HH members, are not required to cooperate for HH to establish eligibility (63-301.31, .311)

213-8       County duty to issue timely notice if change in circumstances results in a decrease in benefits. Effective date of decrease (63-504.423)

213-9       Aid pending required when timely filing (63-804.611, .613)

213-10     Aid pending terminated at end of certification period (63-804.642)

213-11     Requirements for sending notice on pended applications (63-504.22)

213-12     Requirements to protect applicants' right to apply when welfare offices closed on normal working days (Blanco v. Anderson and Belshé)

213-12A  Requirement to provide for filing applications on normal working days implemented (Blanco v. Anderson; ACL 94-108, 95-08)

213-12B   Application date when county office is closed on regular working day (63-300.81, .82)

214-1       Requirement to submit or apply for SSN; failure to provide without good cause results in disqualification; time period for applying for SSN (63-404)

214-2       Information collected, including SSNs, may be verified through computer matches, and disclosed to federal and state agencies, and law enforcement, in certain situations (63-300.23)

214-6       Adult, or minor applying as a separate HH, or AR when no adult is required or able, must comply with FS SFIS or benefits will not be issued (63-601.12, .14; ACL 00-32)

214-6A    Conditions for postponement of SFIS process (63-601.13)

214-7       Counties must inform applicants/recipients of SFIS requirements (ACL 00-32)

214-8       Court order re SFIS policies of failure v. refusal to comply, how SFIS caretaker relatives pre 7/21/96 are affected, or how those individuals are treated when another family member is applying, stayed on appeal (Sheyko v. Saenz; ACIN I-69-01)

215-1       Expedited service for destitute households (63-301.51)

215-2       County responsibility to inform potential applicants of responsibility to assist in completing application process (63-301.52)

215-3       Time frame for issuing FS on expedited basis (63-301.531)

215-4       Transitional food stamps for households who lose CalWORKs (ACL 03-66)

215-4A    Transitional food stamps eligibility for five months; how TFS benefits calculated (ACL 03-66)

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))

215-4D    No NOA or aid pending requirement for TFS, but informational notice requirement (63-504.132(d and Handbook, (63-504.132(e), ACIN I-21-04, I-75-05)

215-4E     Rules regarding TFS eligibility for "mixed" households (ACIN I-21-04)

215-4F     Household may apply for regular food stamps or CalWORKs during TFS period (ACIN I-21-04)

215-4G    TFS benefit amount remains same throughout TFS period even if household member becomes ineligible (ACIN I-21-04, I-75-05)

215-4H    Adjustment of food stamp allotment when person leaves TFS household and is approved for food stamps in another household (I-21-02; I-72-04, I-75-05)

215-4I      Adjustment of food stamp allotment when person leaves TFS household and is approved for food stamps in another household; county must recompute the TFS benefit for the remaining TFS household members by removing the individual from the TFS household along with his/her income, if any. (63-502.132(c); ACL 08-22))

215-4J      Resources not a factor in determining food stamp eligibility for TFS (ACIN I-72-04)

215-4K    TFS begins the month following the month the household received CalWORKs (I-34-05)

215-4L     No TFS overissuance if CalWORKs discontinuance is later rescinded (ACIN I-75-05)

216-1       Timing of interviews when application for recertification is made; county does not have further responsibility if interview is missed unless household tries to reschedule appointment (63-504.61(d))

216-1A    Counties must send the household an appointment letter (FS29) which informs them about the date and time of their recertification interview (ACL 08-29)

216-1B     Counties must send NOMI even if household fails to mail back a completed application (ACL 08-20)

216-2       Certification periods, generally (63-504.1)

216-2A    Certification periods may match QR reporting cycles (Handbook 63-504.1)

216-3       Expiration of certification period for PA households (63-504.121)

216-4A    Certification period may not be shortened (63-504.161, eff. 4/19/04)

216-5       County required to provide notice of expiration of certification period (63-504.251)

217-1       Requirement to provide certification materials, bilingual staff and interpreters when 5% of low income HHs in project area are single language minorities (7 CFR 272.4(b))

217-2       Counties are not to discriminate in administering aid programs; complaints of discrimination are to be referred to Civil Rights Bureau (21-109.1 and 21-203.11)

217-3       Duty of county to provide notices in language other than English (21-115.2; ACL 92-90, 00-03)

217-4       Duty to provide notice in primary language when five percent of welfare population live in the particular county (Asociacion Mixta Progresista)

217-4A    Translation of food stamp forms and specified joint CalWORKs/food stamp forms into eight additional languages per Be Vu settlement (ACL 07-12)

217-5       Cases involving discrimination issues are to be remanded to the county for preparation of a report (22-062.5)

217-10     Information collected, including SSNs, may be verified through computer matches, and disclosed to federal and state agencies, and law enforcement, in certain situations (63-300.23)

218-1       County must act with courtesy, consideration, and respect (W&IC 10500)

219-1       Requirements for what approval NOA must include (63-504.221)

219-2       Requirements for what ending/shortening certification period NOA must include (63-504.253)

219-3       Requirements for what late/incomplete CA 7/QR 7 NOA must include (63-508.61)

219-4       Requirements for initial collection NOA (62-801.431)

219-5       Requirements for what voluntary quit NOA must include (63-408.21)

219-6       Required ABAWD NOA when alleged failure to meet ABAWD work requirements after 3 "free" months (63-410.4)

219-7       Required language for overpayment and overissuance notices (Anderson v. McMahon; ACL 90-14)

219-8       County requirements when incomplete CA 7 received (ACL 84-74; Saldivar v. McMahon)

219-9       Federal requirement for overpayment notice language (7 CFR 273.18(e)(3))

 

 

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)(5))

221-6       Federal requirement that agency has duty to provide special assistance in completing monthly reports to HHs with specified difficulties (7 CFR 273.21(c)(7))

221-7       Federal rule that HH who protests CA 7 discontinuance by filing for hearing has until end of issuance month to complete report (7 CFR 273.21(k)(2)(ii))

221-8       Monthly report forms must meet federal bilingual requirements (7 CFR 272.4(b), 273.21(h)(2)(ii))

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)

222-6       County requirements when incomplete CA 7 received (ACL 84-74; Saldivar v. McMahon)

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)

226-1A    Change reporting households defined (migrant and seasonal farmworker; elderly and disabled without earnings; homeless, those on Indian reservations) (63-102(c)(11))

227-1       Quarterly Reporting/Prospective Budgeting (QR/PB) replaces Monthly Reporting Retrospective Budgeting (MRRB) for CalWORKs and food stamps (ACL 03-18)

227-1A    QR/PB regulations implemented no later than July 1, 2004 (63-034.2, .3)

227-2       Terms used in QR/PB reporting system (63-102, 63-509)

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)

227-3I      Situations where QR 7 not considered fully answered (63-508.442)

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)

227-4E     Final CW 7 used when transitioning recipient from MR/RB to QR/PB (ACL 03-18)

227-5       County must rescind discontinuance if recipient returns complete QR 7 after the 11th of the month, but before the first of the next month.  There is an overpayment/overissuance if county could not decrease benefits because it could not issue 10-day notice due to late QR 7. (ACL 03-18)

227-6       Good cause may be established for failing to return a complete QR 7 in food stamps (63-508.64)

227-7       County will use information on QR 7 to determine future eligibility and benefit amount. (63-508.11)

227-7E     For fluctuating income, county must average income over the QR payment quarter.  Steps listed for county to determine monthly average income. (ACL 03-18; ACIN I-54-03)

227-8B     Under QR/PB, resource eligibility established once per quarter based on information reported on QR 7 (63-508.66)

227-10F   No need for county to verify income that exceeds IRT before county discontinues CalWORKs. (ACIN I-54-03)

227-11     If county is unable to provide 10-day notice following assistance unit/household report of drug felony conviction, fleeing felon status or violation of condition of parole, county must issue benefits at prior level. (ACL 03-18)

227-11A  If recipient moves to another county, CalWORKs inter-county transfer rules apply.  For food stamps, recipient must reapply in second county, but first county discontinues food stamps to coincide with CalWORKs transfer. (ACL 03-18; ACIN I-54-03)

227-12A  Voluntarily reported changes may result in increase in one program's benefits and decrease in another.  County must act on the increase, but suppress the decrease. (63-509(d)(2))

227-12B   When increases in benefits due to decrease in income or addition of household member take effect. (63-509(d)(4))

227-12C   Treatment of ineligible household member reported on QR 7 (63-508.654(c)(1)

227-12E   County must issue notice of action if voluntarily reported decrease in income does not result in increase in benefits. (63-509(d)(7))

227-12F   When Medi-Cal eligibility is established for new members of the assistance unit. (ACL 03-18)

227-12I    County must resolve any discrepancy between mid-quarter reported change and information on subsequent QR 7 (63-508.653)

227-13     Voluntary requests to discontinue benefits in the QR/PB system and county duty to act on the request including providing notice. (63-509(g)(1))

227-16A  Overpayment begins on first date change would have been made based on accurate recipient report regardless of whether the error was caused by county or recipient. (ACL 03-18)           

227-16B   Voluntarily reported changes not considered when determining whether there is an overpayment/overissuance. (ACL 03-18)

227-16C   Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7. (ACL 03-18)

227-16E   No overpayment/overissuance or underpayment/underissuance when actual income differs from reasonably anticipated income. (ACL 03-18)

227-16F   Recoupment of overpayment/overissuance only initiated at beginning of the quarter. (63-801.737)

227-17     County must take action to restore underpayment/underissuance.  Restoration based on QR rules. (ACL 03-18)

227-18     County option how to establish quarterly reporting cycles. (ACL 03-18)

227-18A  Aligning CalWORKs and food stamps reporting cycles (§63-508.22)

 

 

230-1       When status of noncitizen is pending review of documents by INS or another federal agency, otherwise eligible noncitizen may receive FS (63-300.5(e)(2)(D))

230-2       Noncitizen must be given "reasonable opportunity" to submit acceptable documentation, and failure of county to give such opportunity requires issuance of benefits to otherwise eligible household 30 days after application (63-300.5(e)(2)(E))

231-1       Citizenship, when verification is required and what is acceptable verification (63-300.5(g))

231-2       FS participants must be U.S. citizens or eligible noncitizens (63-405)

232-1       Qualified noncitizens who are potentially eligible for FS (63-405.1, .11 and .2 eff. 8/8/03)

232-2A    Restoration of FS eligibility for certain noncitizens who lost federal eligibility under PRWORA, effective 11/1/98 modified 10/1/02 (ACL 98-76; P.L. 105-185; ACIN I-56-02)

232-2B     Changes to federal FS eligibility for disabled legal noncitizens includes new disability definition, inreased resource limit (PL 107-171, §§4401(a)(i), 4107; ACL 02-67)

232-2C     Federal law allows Hmong and Highland Laotian individuals who were tribal members of tribes which rendered assistance to the U.S. during the Vietnamese War, and the spouses, unmarried dependent children, or non-remarried widows or widowers of such person, to meet FS alien eligibility requirements (8 USC 1602(a)(2)(K); 402(a)(2) of the PRWORA of 1996; 63-405.211)

232-4       How LPR may combine quarters with a spouse or parent (63-405.112(e), revised to 63-405.4)

232-4A    Meaning of "quarter" and method of determining if legal alien met 40-quarter exemption (ACL 96-68; Handbook 63-405.112(e)(2)(A), revised to Handbook 63-405.43; ACIN I-105-00, I-91-01)

232-4B     Certain earnings, with no Social Security withheld, can be used to meet 40 credit requirement for legal aliens (ACIN I-07-98)

232-4C     Spouses can combine quarters to meet 40-quarter standard for legal noncitizen aliens (ACIN I-62-96; 63-405.4)

232-4D    Person of any age receives credits from parents, earned pre-birth of person until person reaches age 18 (ACIN I-57-97)

232-5       Cuban/Haitian entrants and Amerasian immigrants meet qualified alien status, and for 7 years do not need Social Security credits or veteran status to qualify for FS (PL 105-33, §§5302, 5306, 105-185; ACIN I-07-98; ACL 98-76; 63-405.124, .125)

232-6       Philippine Army or Scouts from WWII are considered veterans (PL 105-33; ACIN I-07-98, 63-405.3)

232-7A    Individuals (certain Highland Laotians, Hmongs, and members of Indian tribes) who may be eligible for FS even if they are not qualified noncitizens (63-405.2, eff. 11/1/98, per 63-031.2, revised per 63-032.3)

232-8       CDSS position is that there are state, but not federal, FS benefits for noncitizen children of naturalized citizens (ACIN I-07-98)

232-8A    When alien parents become U.S. citizens, noncitizen child also becomes a U.S. citizen (8 USC 1432(a)(1))

232-9       Calculation of credits earned in year when person also receives federally means tested benefits (ACIN I-07-98)

232-10     Two-Parent Family CalWORKs and CFAP are not federally means tested programs (63-405.4; ACIN I-13-01)

232-11     Consent form to access SS quarters is not required in all instances, as public agency may obtain information without consent form (ACIN I-07-98)

233-1       When income and resources of the sponsor are deemed to the sponsored noncitizen (63-503.49, .491, eff. 6/1/01)

233-2       When sponsored noncitizens are exempt from sponsorship provisions (63-503.492, eff. 6/1/01, rev. 3/1/02)

233-2A    Sponsored noncitizen ineligible to participate until all necessary facts obtained (63-503.494(a))

233-2B     Definition of indigent alien, who is exempt from sponsored alien provisions, under federal regulations (7 CFR 273.4(c)(3)(iv))

233-3       Definition of sponsor (63-102(s)(7))

233-4       Definition of sponsored noncitizen (63-102(s)(8))

233-4A    Requirement to obtain information as to sponsor's spouse's income and resources deleted (63-300.5(e)(8), 63-405.72)

233-5       Sponsored noncitizen ineligible while county is awaiting information about sponsor (63-503.494(a))

233-6       Determination of income deemed to sponsored noncitizen from sponsor and sponsor's spouse (63-503.493(a)(1)(A))

233-7       Resources deemed to the sponsored noncitizen from the sponsor and sponsor's spouse (63-503.493(b)(1))

233-8       Determining income and resources attributed to household from excluded sponsored noncitizen (63-503.443)

233-9       What sponsored noncitizen must verify; deeming rules apply only to sponsor(s) who have signed an I-864 Affidavit of Support (63-300.5(e)(8))

233-10     Under federal regulations, deeming of sponsor's income or resources only goes to eligible FS members, so no "double deeming" from sponsor through ineligible alien to, e.g., eligible spouse or child (7 CFR 273.4(c)(2))

233-11     A sponsored non-citizen may not claim indigent status if he/she does not provide information regarding the sponsor’s income (ACIN I-58-08)

234-1       County residence (63-401)

236-1       CFAP eligibility, victims of trafficking or domestic abuse now eligible for CFAP eff. 7/1/08 (63-403.1, .11)

236-6       CFAP recipients must be exempt from work requirements, or participate (63-411.1., .2; ACIN I-01-00)

236-7       Noncompliance with CFAP work requirements results in ineligibility, but ABAWD, FSET and voluntary quit requirements did not apply to CFAP until AB 1111 applied, 11/1/99 (63-411.3; ACL 99-78; W&IC 18930.5)

236-8       Non-CalWORKs CFAP recipients must meet ABAWD requirements as well as general FS work requirements (ACL 99-78; W&IC 18930.5; ACIN I-76-00; 63-410, 63-407.4)

 

 

240-1       Definition of "homeless individual" (63-102(h)(2))

240-1A    Policies re 90-day period for homeless persons living in another person's home (63-102(h)(2))

240-2       Individual may not participate as member of more than one household or in more than one county (63-401.2)

240-2A    Under QR/PB, county-initiated mid-quarter actions (63-509(h))

240-2B     Under QR/PB, a child who receives food stamps and then is placed in Foster Care is eligible for food stamps until the end of the quarter unless the child is approved for food stamps in the foster care household (ACIN I-58-08)

240-3       Household concept including definition of individuals who customarily "and/or" purchase and prepare food together, generally (63-402.13)

240-3A    Federal regulations define HH as individuals who customarily purchase "and" prepare food together (7 CFR 273.1(a)(3))

240-4       Individuals considered residents of institution when institution provides majority of meals; General Rule: residents of institutions ineligible for food stamps (63-402.4)

240-4A    Those not considered residents of institutions (63-402.4)

240-5       FC and Kin-GAP children are normally boarders, but if HH wishes to include them, the FC or Kin-GAP payment is income (ACL 89-08; 99-92, 99-97; SB 1901)

240-6       Spouses must be in same HH (63-402.143)

240-6A    Common law spouses may not claim separate household status (ACIN I-58-06)

240-6B     Divorced spouses may claim separate household status if they purchase and prepare meals separately (ACIN I-58-06)

240-7       Excluded FS HH members included for purposes of defining HH (63-402.22)

240-8       No separate household status for child under 18 under parental control of non-parent household member; when child considered under parental control (63-102(p)(1); 63-402.141)

240-9       Household required to establish eligibility only once per quarter based on QR 7 (63-508.67, .671)

241-3       Determination of when a parent and child are "living together" (FSQUAD 402.1-1)

241-4       Determination of which HH is appropriate for children in shared custody situations (63-402.15)

241-5       Parents, children, and relatives could constitutionally be required to be in same HH even when they did not purchase and prepare food together (Lyng v. Castillo)

241-6       Spouses must be in same HH (63-402.143)

241-7       Children under 22 years old must be in the parent's household, even if purchasing and preparing food separately (63-402.142)

241-9       When person under 22 lives with natural or adoptive parent, separate HH status cannot be established, but it can if person under 22 lives with father- or mother-in-law (ACIN I-62-96; 63-402.142)

243-1       SSI/SSP recipients are ineligible (63-402.226; 7 CFR 273.20(a))

243-1A    Persons continue to be ineligible for FS because of SSI status during periods of temporary SSI ineligibility (63-402.226)

243-1B     Suspended SSI/SSP recipient, who receives AFDC, is not eligible for FS, notwithstanding 63-301.7 (ACIN I-39-96)

243-2       Residents of institutions generally not eligible for food stamps (63-402.4)

243-3       CFAP eligibility for certain legal non-citizens not eligible for federal food stamps including eligibility for victims of trafficking, domestic violence or other serious crimes (63-403.1)

243-4       Individuals who do not meet citizen or alien requirements are to be excluded from the HH (63-402.221)

243-5       Striking HH members, eligibility of HH (63-402.82)

243-6       Drug felons defined and excluded from HH (63-402.229)

243-6A    Drug felons only excluded from HH if conduct and conviction both occurred after 8/22/96 (ACL 98-16; 63-402.229)

243-6B     Some convicted drug felons now eligible for food stamps (W&IC 18901.3)

243-7       Fleeing felons, persons in violation of their probation or parole, excluded from HH (63-402.224)

243-7A    Fleeing felon defined, existence of warrant creates rebuttable presumption of flight (63-102(f)(4))

243-7B     A person is a fleeing felon and thus ineligible for food stamps even if he is aware of an active felony warrant from another state and is not extraditable to that state. (ACIN I-58-08)

243-7C     Persons in violation of their probation or parole defined (63-102(p)(2))

243-8       Excluded household members (63-402.22)

243-9       Treatment of ineligible household member reported on QR 7 (63-508.654(c)(1))

244-3       Persons who are considered "students" for FS purposes, and those who are not considered students (63-406.1, 63-406.12)

244-4       Definition of "institution of higher education" for FS student purposes (63-406.111(a))

244-5       Students who may be eligible for FS (63-406.21)

245-1       Definition of PA eff. 6/1/01 (63-102(p)(12))

245-2       PA HHs are generally eligible for FS benefits and overissuance can be collected only if based on net income or HH size (63-301.7; ACL 90-71; 7 CFR 273.18(a)(1), (a)(2))

245-2B     Claim is handled as AE if due to county action or inaction; if CE household only overissuance is due to net income or household size (63-801.221)

245-3       PA status cannot be rescinded retroactively (54 Fed. Reg. p. 108)

245-4       Certain HHs not categorically eligible (63-301.74, revised 6/1/01)

245-4A    HH members who do not affect whether an HH is PA (63-301.75)

245-4B     CE HH members not exempt from work registration under 63-407.2 must meet work requirements of 63-407 (63-301.76)

245-5       GA HHs which qualify as categorically eligible (63-301.81, .82)

245-6       Categorically eligible GA HHs meet resource (except transfers), gross and net income limits, sponsored aliens, residency (63-301.822)

245-7       Fleeing felons and probation/parole violators, drug felons, and IPV sanctioned persons have income and resources attributed to HH from which they are excluded, and render the HH non-CE (ACL 98-19, 63-402.22, 63-503.44, and 63-801.7)

245-7A    Drug felon who becomes eligible household member per W&IC §18901.3 may increase household food stamp allotment (ACL 04-59)

245-8       Individuals sanctioned for CalWORKs and FS do not cause HH to lose CE status, but those sanctioned only for CalWORKs make the HH non-CE (ACIN 1-34-99, referencing 63-301.92, 63-301.746)

245-9       CE HHs are only those who are TANF or TANF MOE under state policy, but GA HHs are still considered CE under regulations (ACL 99-81; 63-301.81, .82)

246-2       Definition of elderly or disabled HH member (63-102(e)(1))

246-3       Specific veteran's and railroad retirement programs which qualify an HH member as disabled (63-102(e)(1)(G-K))

246-4       Elderly and disabled households with no earnings are not subject to monthly reporting or retrospective budgeting (63-505.213)

247-1       Migrant seasonal farmworkers are not subject to MR/RB or QR/PB (63-505.211, .212)

248-1       Fleeing felons, persons in violation of their probation or parole, excluded from HH (63-402.224)

248-2       Fleeing felon defined, existence of warrant creates rebuttable presumption of flight (63-102(f)(4))

248-3       Persons in violation of their probation or parole defined (63-102(p)(2))

248-5       Drug felons defined and excluded from HH (63-402.229)

248-5A    Drug felons only excluded from HH if conduct and conviction both occurred after 8/22/96 (ACL 98-16; 63-402.229)

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))

248-7       Suspended SSI/SSP recipient, who receives AFDC, is not eligible for FS, notwithstanding 63-301.7 (ACIN I-39-96)

248-8       Person who pleads guilty, but there is no entry of judgment, is not considered a drug felon until judgment is entered (ACIN I-71-99)

248-9       Person who has had drug felony conviction entered does not receive retroactive benefits if conviction is reduced or record expunged (ACIN I-71-99)

248-10     Minor must be convicted as an adult or minor is not a drug felon (ACIN I-71-99)

248-11     Some convicted drug felons now eligible for food stamps (W&IC 18901.3)

248-11A  Individuals convicted of felony drug use potentially eligible for food stamps (ACL 04-59)

248-11B   Individuals convicted of felony drug use must provide proof of subsequent treatment or drug cessation as condition of eligibility for food stamps (ACL 04-59; 63-300(e)(11) and (12))

248-11C   Counties may or may not send fliers or use automated systems to identify potentially eligible drug felons (ACIN I-03-05)

 

 

251-1       Maximum resource limit (63-409.12;, Handbook 63-1101.1, 42-207.2)

251-1A    Under MR/RB, resources not counted if reduced below limit in month received (63-504.351(b), 63-504.372(a))

252-1       Exclusion from resources of home and surrounding property (63-501.3(a))

252-2       Exclusion from resources of HH goods, personal effects, burial plots, cash surrender value of life insurance, and pension plans (63-501.3(b))

252-2A    Types of IRAs and retirement plans that are counted or excluded as resources (ACIN I-91-06)

252-2B     All tax-preferred education accounts (e.g., 529s) and retirement accounts (e.g., IRAs), are excluded from countable resources in determining eligibility (ACL 08-37)

252-3       Exemption of property producing income consistent with fair market value (63-501.3(e))

252-3A    Income producing property policies (ACIN I-96-06)

252-4       Exclusion of resources when cash value not accessible to HH (63-501.3(i))

252-4A    Inaccessible resource defined to mean the resource would be exempt if its equity value is $1500 or less (7 CFR 273.8(e)(18); 63-102(i)(4))

252-4B     Property essential to the employment or self-employment of an HH member is exempt (63-501.3(f))

252-4C     State regulation makes resources, other than cars or financial instruments, exempt if their sale would produce over $1500; the regulation is inconsistent with other state and federal regulations which make exempt certain resources whose sale would produce less than $1500; state regulations amended to conform with federal regulations 2/21/02 (63-501.3(i)(5); 7 CFR 273.8(e)(18); ACIN I-49-01)

252-5       Exclusion of resources when cash value not accessible to HH; specific rules pertaining to trusts (63-501.3(i)(1))

252-5A    Exclusion of resources such as security deposits, property in probate, real property listed for sale (63-501.3(i)(2)-(4))

252-5C     Federal regulations exempt resources which would not produce a significant return, or where the cost of selling would be relatively great (7 CFR 273.8(e)(18), modified eff. 1/20/01)

252-5D    Federal Law excludes unlicensed vehicles from resource consideration if vehicle is inaccessible due to joint ownership, if in probate, or when HH is making a good faith effort to sell (7 CFR 273.8(c), (d), (e); 63-501.3(d))

252-5F     Licensed vehicles exempt as resources when jointly owned and joint owner won't sell, or when legal prohibition against selling vehicle (ACIN I-46-96; 63-501.21, 63-501.3(i)(3), 63-501.3(c))

252-5G    Vehicle valuation policies re, e.g., when a vehicle is "licensed", joint ownership, lease/purchase options, reevaluations, individual evaluations (ACIN I-17-02, 63-501.3(c))

252-5H    For food stamps vehicles are excluded (63-501.3(c) eff. 1/1/04)

252-6       Exempt resources per federal statute (63-501.3(l))

252-6A    Excluded income or resources under federal programs, and certain state or local grants (63-507(a))

252-7       Inaccessible resources of women in shelter for battered women (63-501.3(m), renumbered to 63-501.3(n))

252-8       Income and resources of nonhousehold members and certain excluded household members such as SSI recipients does not count (63-503.45)

252-9       Inclusion of income and resources of disqualified or excluded HH member (63-503.441)

252-10     PA recipient's countable resources shall be excluded for resource determinations (63-501.3(p))

252-11     Identifiable business resources are excluded (63-501.3(f)(2))

252-12     Exemption of EITC payments (63-501.3(m))

252-12A  Lump sum income (LSI) examples; LSI a resource, not income (63-501.1; 7 CFR 273.9(c)(8); ACIN I-13-01)

252-12B   Property eligibility is determined once per quarter.  Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (ACL 03-18) 

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)

252-14     Fleeing felons and probation/parole violators, drug felons, and IPV sanctioned persons have income and resources attributed to HH from which they are excluded, and render the HH non-CE (ACL 98-19, 63-402.22, 63-503.44, and 63-801.7, W&IC 18901.3)

252-15     CDSS position is to use stricter treatment of income and/or resources when an excluded HH member fits two income or resources categories (ACIN I-34-99, p.3, 5/11/99)

252-16     Restricted accounts are an excluded resource (63-501.3(r); ACL 06-31)

253-1       Portion of joint resource held by PA recipient is exempt (63-501.22)

253-2A    Federal Law excludes unlicensed vehicles from resource consideration if vehicle is inaccessible due to joint ownership, if in probate, or when HH is making a good faith effort to sell (7 CFR 273.8(c), (d), (e))

253-3       Evaluation of value, if any, of jointly held property (63-501.21)

253-6       Transfers of property can be made orally; when effective (Civ. C. 1052-1055)

253-10     Real property can be transferred only by operation of law, or by a writing (Civ. C. 1091, 1624(a))

255-1       Value of nonexempt real property is equity value, except for vehicles (63-501.12 eff. prior to 1/1/04)  

255-1A    Value of nonexcluded resources is equity value (63-501.5 eff. 1/1/04)

256-1       Value of nonexempt real property is equity value, except for vehicles (63-501.12 eff. prior to 1/1/04)

256-1A    Valuation of licensed vehicles, using both equity and fair market values (63-501.522, .523, .524 renumbered to 42-215.44, 45 and .46 eff. 1/1/04)

256-1B     Value of nonexcluded resources is equity value (63-501.5 eff. 1/1/04)

256-1C     For food stamps vehicles are excluded (63-501.3(c) eff. 1/1/04)

256-2       Determining countable resources of vehicles (63-501.525, eff. 6/1/01 renumbered to 42-215.47 eff. 1/1/04)

256-2A    Counties are to use "wholesale value" to determine value of vehicle, and should use one source consistently (63-501.511 renumbered to 42-215.411 eff. 1/1/04; ACIN I-124-00)

256-2B     A car, if not otherwise excluded, with an FMV greater than the $4500 (now $4650) limit, was a countable resource, even if the net value of the car was zero after encumbrances; after 6/1/01, a car worth less than $1500 is excluded from resource consideration (Alexander v. Glickman; 7 CFR 273.8(e); §63-501.525 renumbered to 42-215.47 eff. 1/1/04)

256-2C     Vehicle is excluded as a resource when necessary to transport a physically disabled HH member, whether HH member is included or excluded, such as an SSI/SSP recipient (63-501.521(e) renumbered to 42-215.431(e) eff. 1/1/04); USDA FNS Letter FS-6-1-CA; 7 USC 2011(g)(2)(c)(ii); ACL 00-06, 00-31; Anderson v. Saenz)

256-2D    Vehicle excluded for FS if it is used to transport physically, but not mentally, disabled household member (63-501.521(e) renumbered to 42-215.431(e) eff. 1/1/04; ACIN I-124-00)

256-2E     Vehicle exempted if equity value is $1500 or less under federal regulations (7 CFR 273.8(e)(3), eff. 1/20/01; 63-501.3(c))

256-2F     Federal regulations exempt resources which would not produce a significant return, or where the cost of selling would be relatively great (7 CFR 273.8(e)(18), modified eff. 1/20/01)

256-2G    Federal exemption of certain vehicles from equity test (7 CFR 273.8(f)(2), eff. 1/20/01; 63-501.523)

256-2H    One licensed vehicle per adult household member is exempt from equity value test (63-501.523(b), eff. 6/1/01, rev. 2/21/02 and renumbered42-215.45 eff. 1/1/04)

256-2J      Vehicle valuation policies re, e.g., when a vehicle is "licensed", joint ownership, lease/purchase options, reevaluations, individual evaluations (ACIN I-17-02)

256-3       Household can verify that value of vehicle is other than the blue book value (63-501.513 renumbered 42-215.413 eff. 1/1/04)

256-4       Evaluation of unlicensed vehicles (63-501.53 repealed eff. 1/1/04)

256-4A    Federal Law excludes unlicensed vehicles from resource consideration if vehicle is inaccessible due to joint ownership, if in probate, or when HH is making a good faith effort to sell (7 CFR 273.8(c), (d), (e), 63-501(c))

256-5       Evaluation of value, if any, of jointly held property (63-501.21)

256-6       DMV treatment of ownership of vehicle and how vehicle can be transferred (DMV Proc. 5.005)

256-7       Ownership of property under California law (Civ. C. 654, 679)

256-8       Transfer of property without consideration is usually a gift; "consideration" defined (Civ. C. 1146, 1605)

257-1       Disqualification of HHs which have transferred resources to qualify for aid (63-501.61)

257-2       Nondisqualifying transfers (63-501.62)

257-3       Disqualification period for HHs which have transferred resources to qualify for aid (63-501.64)

257-4       Length of disqualification period after transfer to qualify (63-501.64)

258-1       Property eligibility is determined once per quarter.  Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (ACL 03-18)

258-2       Information on the QR 7 is used to determine eligibility for the entire upcoming payment quarter. (ACL 03-18)

258-3       Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7. (ACL 03-18)

258-4       Under QR/PB, resource eligibility established once per quarter based on information reported on QR 7 (63-508.66)

 

 

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)

260-2       Net monthly income is net earned income plus unearned income minus deductions (63-503.311)

260-3       Net income of all other HHs other than elderly or disabled (63-503.311; 63-502.2(p); Handbook 63-1101.2; ACIN, I-45-07, I-48-07, I-61-08; ACL 08-37)

260-3B     Since homeless shelter allowance is deducted from income, it cannot be used again to allow an excess shelter deduction (63-502.352, 63-503.311; 7 CFR 273.9(d)(6)(i))

260-3C     Net monthly income of household with elderly or disabled member (63-503.312; 63-502.2(p); ACIN I-45-07, I-48-07, ACL 08-37, ACIN I-61-08)

260-3D    Standard deduction amounts current year and prior year (ACIN I-45-07, I-61-08)

260-3E     Insert standard deduction (ACIN I-____)

260-3F     Insert maximum shelter deduction (ACIN I-____)

260-3G    Current and last year SUA (ACIN I-45-07, I-61-08)

260-3H    Insert SUA (ACIN I-____)

261-1       Gross income maximum for non-PA, nonelderly, or nondisabled HHs (63-409.111, Handbook 63-1101.31)

261-2       Net income maximum (63-409.112; Handbook 63-1101.32)

261-3       Prospective determination of income eligibility (63-503.231)

261-4       HHs with elderly or disabled members not subject to gross income test, but to net income maximums (63-409.111, .112; ACL 01-56)

261-5       Definition of "prospective eligibility" as estimating expected eligibility in issuance month (63-102(p)(11))

261-6       In QR, counties apply gross and net income standards to averaged income reported on the QR 7 (63-503.321(a))

263-1       Amount of earned income deduction (Handbook 63-1101.2)

263-2       Earned income includes wages and salaries of an employee (63-502.131)

263-4       College work study income is earned income (63-502.137)

264-1       Self-employment income is to be added to other income and then deductions apply (63-503.31, .415)

264-1A    In QR/PB, self-employment income averaged over QR Payment Quarter (63-503.411(a))

264-2       Costs allowed in determining net self-employment income (63-503.413(a))

264-2A    Self-employed persons may choose actual expenses or 40% standard deduction (63-503.413)

264-3       Costs not allowed in determining self-employment income (63-503.413(b))

264-4       Averaging self-employment income for eligibility determination (63-503.412(a), (b))

264-5       Sale of capital goods is treated under federal tax rules (63-503.414; IRC 1231)

264-6       Verification necessary for self-employment income (63-503.412(c))

264-7       Earned income received monthly is counted monthly, but self-employment income received less than monthly is prorated (7 CFR 273.21(f)(2))

264-8       Room rental is self-employment income (ACIN I-03-02; 63-502.132(b))

264-8A    Self-employment income when rooms in FS applicant's home are rented (ACIN I-03-02)

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)

265-1B     Any reduction caused by the HH in its PA or welfare grant, except for complete termination of aid, shall not be used to increase FS benefits (ACIN I-62-96; 63-503.71)

265-1C     Calculate FS as if client-caused failure to comply with PA or welfare provisions had not been applied to reduce grant; then, determine that FS cannot be increased, due to this calculation (63-503.71, .72)

265-1D    CDSS policy is to treat deductions from SSA to recover tax overpayments as countable income under 63-502.17, even though that regulation does not apply (63-502.17; ACL 02-55)

265-2       Unearned income includes AFDC, GA, and other need-based assistance including nonexcluded vendor payments (63-502.141, .141(a))

265-2A    Adoption assistance payments are treated as unearned income in food stamps except for that portion of the adoption subsidy that is earmarked for an excludable reimbursement (ACIN I-58-08)

265-3       Unearned income includes grants which are paid for work performed without compensation other than the grant itself (63-502.141(b))

265-4       Unearned income includes annuities, pensions, etc. (63-502.142)

265-5       Unearned income includes support or alimony payments (63-502.144)

265-5A    An MFG child’s receipt of child support income is unearned income to the food stamp household (ACIN I-01-06)

265-6       Child support withheld from UIB or retirement checks is considered income to the individual whose check was reduced (FS Policy Memo 86-26, 92-11; 7 CFR 273.9(c))

265-7       VEAP benefits are resources to the extent the veteran has contributed to the VA and the remainder is income (ACL 94-06)

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)

265-8A    Under QR/PB, weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167 (63-509(a)(5))

266-1       Exclusion of in-kind income; including non-cash incentive payments and most gift certificates (63-502.2(a); ACIN I-82-01)

266-2       Vendor payments include payments to third party when there is no legal obligation to household (63-502.2(b)(1))

266-2A    Money for care of non-household third party beneficiary is excluded (63-502.2(h))

266-3       Certain PA and GA payments considered excludable vendor payments (63-502.2(b)(2))

266-3A    Lump sum CalWORKs diversion money payments, and certain such vendor payments, are excluded as income (ACL 98-19; 63-502.2(b), (j))

266-3B     Mandated vouchers/vendor payments for housing and utilities are included as income (ACL 98-19, 63-502.2(b))

266-3C     Out-of-pocket CalWORKs child care expenses are deductible, and county must recalculate and issue correct benefits, even if the county was previously correct in denying the child care deduction (ACL 98-19)

266-3D    Public assistance payment normally paid to household, but diverted to third party is income; however, any county payment over and above public assistance is excluded (63-502.2(b)(3))

266-4       AFDC HA payments excluded as income (Hamilton v. Lyng, Hamilton v. Madigan; ACL 88-91)

266-5       Irregular income is exempt, but not in excess of $30 a quarter, and only if prospectively budgeted (63-502.2(d))

266-6A    Student earning exclusion continues during semester or vacation breaks (63-502.2(i))

266-6C     Earnings of child under 18, attending school at least half time, are excluded income; exclusion applies to child under 19 effective November 2006, but applies to children under 18 no later than November 1, 2007 (63-502.2(i), rev. 2/21/02 and again 10/01/06; ACL 07-31; ACIN I-48-07)

266-6D    Federal regulation excludes earned income of half-time (or more) student under age 18 (7 CFR 273.9(c)(7))

266-7       Exclusion of nonrecurring lump-sum payments as income (63-502.2(j))

266-7A    Child support received by FSD when HH off aid, and paid to HH when on aid, is a resource, not income (63-502.2(j); Hixenbaugh v. Anderson; ACL 97-44))

266-7B     Lump sum income (LSI) examples; LSI a resource, not income (63-501.1; 7 CFR 273.9(c)(8); ACIN I-13-01)

266-7C     Treatment of LSI when an initial UI, DI or WC payment is received, differentiating between income and resources (ACIN I-25-02; 63-502.142, 63-501.111, 63-502.2(j))

266-8A    Excluded income is income that is excluded by federal statute (63-502.2(l))

266-8B     VISTA payments, including AmeriCorps VISTA, are excluded as income (63-507(a)(14); ACIN I-70-02)

266-8C     Treatment of certain Americorp payments (ACIN I-34-05)

266-9       Reimbursement for expenses not exceeding actual expenses is excluded as income (63-502.2(g)(2))

266-11     Excluded income includes withheld monies from assistance payments (but not if failure to comply with program requirements), from earnings, or other source, or monies received and repaid (63-502.121)

266-11A  When overpayment collected from a different source, entire amount of gross payment including the deducted overpayment amount is income to the food stamp household (ACIN I-01-06)

266-12     MFG child’s receipt of child support from LCSA is exempt income in food stamps (ACIN I-34-05)

266-13     Child support payments from a household member to an individual living outside the home are excluded as income (63-502.2(p))

266-13A  Child support payments are excluded even if another household member pays child support on behalf of obligator (ACIN I-96-06)

266-14     Income exempt or excluded from CalWORKs under §44-111 are also excluded for food stamps Effective no later than November 2007, child support disregard not an income exclusion and income of child between ages 18 and 19 no longer excluded regardless of student status (63-502.2(q) effective 1/06; ACL 07-31; ACIN I-48-07)

267-1       Computation of income of HHs with excluded members (63-503.442)

267-2       Deduction shared with nonhousehold members (63-503.452)

267-3       Persons with questionable citizenship ineligible to participate, but income and resources treated as available (63-300.532(b), 63-503.442)

267-4       Fleeing felons and probation/parole violators, drug felons, and IPV sanctioned persons have income and resources attributed to HH from which they are excluded, and render the HH non-CE (ACL 98-19, 63-402.22, 63-503.44, and 63-801.7)

267-5       CDSS position is to use stricter treatment of income and/or resources when an excluded HH member fits two income or resources categories (ACIN I-34-99, p.3, 5/11/99)

267-6       Foster care children are either excluded from the household or in the household along with income (ACIN I-73-04)

268-1       Treatment of student grants and loans (63-502.145, .2(e))

268-1A    BIA and Title IV educational loans excluded (ACL 93-57; P.L. 102-325; 63-502.2(l)(4), revised to 63-507(a)(6))

268-1B     College work study income exempt (63-502.2(q)(1)(a))

268-2       Major categories of Title IV Higher Education Act student assistance (ACL 87-43)

268-2A    In QR/PB, educational loans and grants averaged after exclusions, averaged over intended period (63-503.5)

268-3       Definition of "institution of post-secondary education" (63-502.2(e)(3)(A))

268-4       Excludable portions of educational loans must be verified (63-502.2(e)(4))

269-1       Loans excluded as income (except certain educational loans) (63-502.2(f))

269-1A    Counties may choose to require written verification of loans on a county-wide basis; legally binding agreement is not required (ACIN I-91-06) 

269-2       Under MR/RB, proration of student grants and loans (63-503.212(b)(2) prior to QR/PB; ACL 92-72)

269-3       Signed statement needed for loan to be excluded (ACIN I-73-04)

 

270-6       Rental costs and gas for propane tank are shelter costs (ACIN I-49-95; 63-502.362(d))

270-7       Computation of shelter cost deduction (63-502.36, formerly 63-502.35)

270-8       Shelter costs included in determining shelter cost deduction (63-502.362)

270-9       Mandatory SUA effective November 1, 2006; Amount of SUA (63-502.363; ACIN I-61-08)

270-9A    Circumstances under which recipient is entitled to SUA; Amount of SUA (63-502.363)

                                     

270-10A  When households may switch from SUA to actual costs, and vice versa (7 CFR 273.10(d)(6)(ii)(D); 63-502.363(c)); mandatory SUA effective November 2006 (63-502.363(a)(1))

270-10B   Mandatory SUA effective October 2006, moved to November 1, 2006 (63-502.363(a)(1), I-69-06)

270-10C   Households not eligible for SUA may be eligible for LUA (63-502.363(d), I-69-06)

270-11     Old Rule prior to October 2006 (moved to November 1, 2006):$20 telephone allowance when HH not entitled to SUA unless lowest available rate exceeds $20, (63-502.363(b), I-69-06)

270-11A  New Rule effective October 2006, moved to November 1, 2006: Households not eligible for SUA or LUA may be eligible for TUA if telephone costs only (63-502.363(e), I-69-06)

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))

270-15     Standard shelter allowance, homeless HHs (63-502.351-4; 63-500.363(a)(1)(A); Handbook 63-1101.27; ACIN I-46-05)

270-16     Actual homeless shelter costs, plus utility costs, can be used by HH if these exceed homeless shelter deduction (63-502.362(a))

270-17     Since homeless shelter allowance is deducted from income, it cannot be used again to allow an excess shelter deduction (63-502.352, 63-503.311; 7 CFR 273.9(d)(6)(i))

270-18     Options for treating unverified shelter deductions (ACIN I-52-06)

270-18A  Treatment of partial rent payment by excluded household member (ACIN I-52-06)

271-1       Out-of-pocket CalWORKs child care expenses are deductible, and county must recalculate and issue correct benefits, even if the county was previously correct in denying the child care deduction (ACL 98-19)

271-1A    The cap on the dependent care deduction is eliminated (ACL 08-37)

272-1       Net monthly income of HH with elderly or disabled member (63-503.312; 63-502.2(p); ACIN I-48-07, I-61-08)

272-1A    Legally obligated child support to nonhousehold member is a deduction prior to November 2006; treated as an exemption effective November 2006 (ACL 95-49; 63-502.2(p); I-48-07))

272-2       Maximum limitation on shelter cost not applicable to HHs which contain an elderly or disabled member (63-502.35)

272-3       Averaging medical expenses over certification period (63-503.253(a), 63-503.252(b))

272-4       County action on reported medical changes by nonmonthly reporting HHs (63-503.253(a), 63-504.421; 7 CFR 273.10(d)(4))

272-4A    No duty for county to verify income changes of $50 or less for change reporting households (63-504.421)

273-1       Standard deduction current and prior year (ACIN I-45-07, I-61-08)

273-1A    SUA current and prior year (ACIN I-45-07, I-61-08)

273-1B     Insert deductions, standard, shelter cost; standard deduction for one to three persons increased effective October 1, 2008 (ACL 08-37; ACIN I-__-__)

273-2       General reference to regulations regarding exclusions and deductions when there is no exclusion applicable to the case (specify the type of exclusion or deduction requested by the claimant) (63-502.2, .3)

273-3       Medical cost deduction; when applicable, types of medical expenses allowable (63-502.33)

273-4       Amount of medical transportation allowable; mileage allowance (63-502.331(h))

273-5       Kinds of allowable child support deductions; a deduction for arrearages is permitted; child support is an exemption rather than deduction effective November 2006 (63-502.38, .386 prior to November 2006; 63-502.2(p))

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)); mandatory SUA, LUA or TUA determined at application or recertification effective November 2006 (63-509(a)(3)(C))

273-6B     2006 SUA, LUA or TUA allowances (ACIN I-61-06)

273-6C     Household that incurs costs for at least two utilities other than heating and cooling eligible for LUA (ACIN I-96-06)

276-6D    If household incurs a cost, they can receive TUA even if phone or cell phone is not in their name (ACIN I-96-06)

 

280-1       Monthly allotment based on HH's size and net income (63-503.324)

280-2       Proration of benefits in month of application (63-503.13; Handbook 63-1101.4) [NOTE: Specify date, days in month, full month entitlement, prorated amount]

280-3B     State regulations on issuance of benefits after delay in recertification, when household is not at fault (63-504.61(e), eff. 6/1/01)

280-3C     Federal regulations on delays in issuance of benefits at recertification (7 CFR 273.14(e), eff. 1/20/01, to be implemented by 6/1/01)

280-4       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)

280-5       Under QR/PB, generally benefits frozen for three months.  Circumstances under which mid-quarter adjustments may be made (63-508.14)

281-1       Under MR/RB, treatment of applications of HHs who move from one county or state to another (63-503.91)

281-1A    Under QR/PB, treatment of households that move out of state/out of county (63-503.91, .911(QR))

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)

281-4       PA and GA grants are prospectively budgeted (63-502.232(c)(5))

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)

281-8       Definition of "prospective eligibility" as estimating expected eligibility in issuance month (63-102(p)(11))

281-11     Definition of "retrospective budgeting" (63-102(r)(10))

281-11A  Definition of "budget month" (63-102(b)(2))

281-11B   Definition of "issuance month" (63-102(i)(10))

281-12     Income deductions billed in or averaged from budget month are retrospectively budgeted (7 CFR 273.21(j)(1)(vii)(C))

281-13     Under MR/RB, manner in which county is to estimate income during beginning months (63-503.212(a) prior to QR/PB)

281-14     Definition of "prospective budgeting" (63-102(p)(10))

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)

282-3       Federal regulation regarding income discontinued when HH receives PA (7 CFR 273.21(j)(1)(vii)(B)(2))

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)

284-3       When increases in benefits due to decrease in income or addition of household member take effect. (ACL 03-18)        

284-3A    Effect of person moving into the home with income that causes assistance unit/household to be financially ineligible.  New person ineligible for Medi-Cal.  (ACL 03-18)

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))

285-1       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)

285-3       When increases in benefits due to decrease in income or addition of household member take effect. (ACL 03-18)        

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 NOA" 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)

285-6D    Household’s allotment in month of application may differ from other months of quarter (63-503.151(QR))

285-6E     When NAFS household voluntarily reports income in excess of 130% of the FPL excluding income of new household member, household is discontinued mid-quarter (63-509(d)(7)(C))

286-1       Change reporting HHs are migrant and seasonal farmworker, certain elderly or disabled, and homeless (63-505.21)

286-2       What nonmonthly reporting HHs must report (63-505.51)

286-3       When county must act to increase benefits for nonmonthly reporting HH (63-504.422)

288-1       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)

288-2       County will use information on QR 7 to determine future eligibility and benefit amount. (ACL 03-18)

288-2A    Under QR/PB, county prospective budgeting requires county to use "reasonably anticipated" income recipient will receive during the quarter. (ACL 03-18)     

288-2B     When income is "reasonably anticipated" so that it can be considered for eligibility and grant/allotment purposes (63-509(a)(2))

288-2C     When income is considered to be reasonably anticipated; Times when county is required to determine what is "reasonably anticipated" income listed (63-509(a)(2))

288-2D    Under QR/PB, weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167 (63-509(a)(5))

288-2E     Income reasonably anticipated during certification period counted only in month it is expected to be received unless it is averaged (63-503.242(b)(1)(QR))

288-2F     Household’s allotment in month of application may differ from other months of quarter  (63-503.151(QR))

288-3       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))

288-3A    Actual CalWORKs grant used to compute food stamp allotment (63-509(a)(4)(A)5.)   

288-4       Benefits for next quarter based on prospective budgeting; documentation required to explain how income was projected (63-509(a)(1))

288-4A    Under QR/PB, steps county may take to reasonably anticipate income for next QR Payment Quarter (63-509(a)(6))

288-5       Definition of "issuance month" (63-102(i)(10))

288-6       County must provide QR 7 by first of data month; prospective budgeting used to compute allotment for upcoming quarter (63-508.31)

288-7       Recalculating the current quarter's CalWORKs and food stamp benefits when a recipient reports a decrease or discontinuance of income. (ACL 03-18)        

288-8       Definition of county initiated mid-quarter changes (63-102(c)(13))

288-8A    Under QR/PB, county-initiated mid-quarter actions (63-509(h))

288-8B     Counties now must discontinue NAFS household mid-quarter when income above gross income limit is voluntarily reported (ACL 04-56)

288-9               Treatment of multiple changes in a QR Payment Quarter (63-509(l))

288-9A            County must evaluate multiple changes separately and in order of occurrence (63-509(f)(4))

 

290-1       Description of types of overissuance claims (63-801.2)

290-1A    Federal differentiation between IPV, IHE and AE food stamp claims (7 CFR 273.18(b))

290-1B     State definition of an AE (63-102(a)(3))

290-1C     State definition of an IHE (63-102(i)(5))

290-1D    State definition of "delinquent claim" (63-102(d)(3), 63-801.451)

290-1E     State definition of "recipient claim" (63-102(r)(2))

290-3       When monthly income report is initially filed late or incomplete, and complete CA 7 submitted by extended filing date, then no FS claim is to be submitted (Saldivar v. McMahon; ACIN I-62-89)

291-1       County duty to provide retroactive benefits when county has erred (63-802.1)

291-2       Amount of underissuance to be restored should be reduced by outstanding overissuance but no offset against initial allotment (63-802.54)

291-3       Definition of underissuance (63-102(u)(1))

291-4       Out-of-pocket CalWORKs child care expenses are deductible, and county must recalculate and issue correct benefits, even if the county was previously correct in denying the child care deduction (ACL 98-19)

291-5       County must take action to restore underpayment/underissuance.  Restoration based on QR rules. (ACL 03-18)        

291-5A    No overpayment/overissuance or underpayment/underissuance when  actual income differs from reasonably anticipated income. (ACL 03-18)       

292-1       General rule regarding establishment of claims for overissuances; all adult HH members liable (63-801.1)

292-1A    No claim for administrative error overissuance when $35 or less, or in certain procedural matters, or when unaltered, expired ATP is redeemed (63-801.12; 7 CFR 273.18(b)(3))

292-1B     Claims under federal regulations allowed against household members, or persons (such as ARs) who caused overissuances, but SSI recipient not a household member (7 CFR 273.18(a)(4), 273.20, 273.1(a)(7))

292-1C     Claims against household members under federal regulations, and against persons (such as ARs) who caused overissuances, but certain classes of people not household members (7 CFR 273.18(a)(4), 273.1(a)(7))

292-1D    County may collect overissuance from household consisting of all minors, or from child who was adult in household at time overissuance occurred (ACIN I-16-05)

292-2       Definition of overissuance (63-102(o)(1))

292-3       Balancing overissuances against underissuances; no offset allowed against administrative error overissuances (63-801.313; Handbook 63-801.313; Lopez v. Glickman)

292-4       No 20% earnings deduction when IPV has been determined, or to any portion of earned income which the household has not reported (63-801.323, 63-801.312(c))

292-5B     Computation of overissuance, and disallowance of deductions for unreported earnings. Implementation for November 1966-August 1997 (63-801.312, 63-1434.3)

292-5D    Disallowance of 20% earnings deduction only applies to portion of earnings not reported, and no good cause for failure to report. Implementation for November 1966-August 1997 (63-1434.3, 63-801.312(c))

292-6       Claim is handled as AE if due to county action or inaction; if CE household only overissuance is due to net income or household size (63-801.221)

292-7       Establishing CalWORKs overpayments in the QR/PB system. (ACL 03-18)

292-7A    Overpayment begins on first date change would have been made based on accurate recipient report regardless of whether the error was caused by county or recipient. (ACL 03-18)           

292-7B     Voluntarily reported changes not considered when determining whether there is an overpayment/overissuance. (ACL 03-18)

292-7C     Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7. (ACL 03-18)

292-7D    No overpayment/overissuance or underpayment/underissuance when actual income differs from reasonably anticipated income. (ACL 03-18)

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 due to late QR 7 (63-508.623 (Handbook))

292-7G    When computing overissuance or underissuance, county shall use CalWORKs grant that was reasonably anticipated (ACIN I-16-05)

292-7H    No overissuance if recipient meets timely mandatory reporting responsibilities but county cannot provide 10-day notice (63-801.737(b))

292-8       No TFS overissuance if CalWORKs discontinuance is later rescinded (ACIN I-75-05)

293-2       Less than three-year limitation from date of discovery for county action to collect administrative error or inadvertent overissuances, date of discovery (63-801.111; ACIN I-52-02)

293-2A    County shall calculate the amount of the administrative or inadvertent household error overissuance which occurred during the six years before the overissuance was discovered (63-801.311(b), eff. 8/10/01)

293-2B     County, in most circumstances, can collect overissuance only if county has documented the amount and reason for the overissuance, and issued a demand letter, within three years of the overissuance (63-801.112, 63-801.311(b); ACIN I-03-02)

293-2C     CDSS policy is to allow counties to collect overissuances for at least six years, as long as the last month is within three years of the month the overissuance is established (ACIN I-03-02, I-52-02; 63-801.112, 63-801.311(b))

293-2D    No current State regulations that would prevent counties from pursuing collections of an established administrative error or inadvertent household error overissuance claim (ACIN I-58-08)

293-3       Claim shall be determined uncollectible after held in suspense for three years (63-801.53)

293-5       Collection action is to be taken only against HHs with adult member who was in HH when overissuance occurred (63-801.61; 7 CFR 273.18(f))

293-6       Delinquent claim defined; but it is not considered delinquent if it is being repaid (63-102(d)(3), 63-801.451, 63-801.454)

293-6A    An overissuance claim that is being appealed is not considered delinquent (63-804.642)

295-1       Limitations on county use of tax-intercept system to collect overpayments (ACIN I-53-89)

295-2       Refunds of tax intercepts (ACIN I-53-89; ACL 90-14; Anderson v. McMahon)

295-3       Tax intercepts, when appropriate (20-403.1, .2)

295-4       Tax intercepts, refunds to claimants (20-408.1)

296-2       County duty to collect inadvertent or administrative error overissuances (63-801.411)

296-3       Continuing action on collection of administrative error claims (63-801.442)

296-4       IPV claims are only established by court or IPV hearing. Prior to a determination of IPV, the claim is to be handled as inadvertent error claim (63-801.231)

296-5A    All overissuances are subject to allotment reduction if the HH or sponsor doesn't agree to repayment (63-801.431(d))

296-6       Criteria for suspension of administrative or inadvertent error claim (63-801.512)

296-7       Methods of collecting FS overissuances; method of reducing allotments (63-801.7)

296-7A    Recoupment of overpayment/overissuance only initiated at beginning of the quarter. (63-801.737)

296-8       Situations where county is authorized to reduce FS allotment to collect an outstanding nonadministrative error overissuance (63-801.441)

296-9       Notice must advise HH that SSI/SSA payments don't have to be used to repay overissuance until 11/17/00, when SSA language was deleted (Louis v. McMahon; ACIN I-27-90; ACIN I-109-00)

296-9A    Debt Collection Improvement Act requires credit agencies to notify debtors of their delinquent debt (Louis v. McMahon; 63 FR 44986, 44987, 71204; ACIN I-09-00; 63-102(d)(3), 63-801.45)

296-10     No reduction of initial FS allotment to offset past overissuances (63-801.97, .4)

296-12     No offsetting of administrative error overissuances against underissuances (ACL 96-43, 96-59; Lopez v. Espy, renamed Lopez v. Glickman; Handbook 63-801.313)

296-13     Administrative error claims where NOA is sent to be effective 3/1/00 or after are limited to collection at the greater of 5% of allotment level or $10, and for a total of 36 months (Lomeli v. Saenz; ACL 00-59)

296-13A  Once adjustment has begun, there is no further collection of a Lomeli overissuance after the 36 consecutive months have passed (Lomeli v. Saenz; ACL 00-87)

296-13B   When, during the 36 consecutive months of potential adjustment under Lomeli, the person is not an FS recipient, the county may take action to recover the overissuance (ACL 00-87)

296-13C   Counties should not combine adjustments of pre-Lomeli and Lomeli overissuances (ACL 00-87)

296-13D  In general (but not in Lomeli cases) overissuances can be collected simultaneously, at the maximum allowable rate for the overissuance which allows the quickest recovery (63-801.73; ACIN I-124-00; ACL 00-87)

296-13E   Federal rules on compromising claims (7 CFR 273.18(e)(7))

296-13F   State regulation originally says that Lomeli affects only those overissuances occurring on or after 3/1/00, despite stipulated judgment that applies to all NOAs sent to be effective 3/1/00 or later, no matter when the FS administrative error overissuance occurred; regulation then modified to comport with Lomeli judgment (63-801.222, rev. 1/14/02; Lomeli v. Saenz)

296-13G  CDSS directs counties not to divide overissuances into separate claims to frustrate Lomeli (ACL 02-21)

296-14     Household cannot be held liable for FS overissuance due to county failure to include Social Security COLA but can receive benefits if underissuance occurs (63-504.462(b)(1)(A); ACIN I-105-00, I-91-01)

296-15     Federal rules preclude using additional means of recovery when adjustment of FS allotment is occurring, except if additional payment is voluntary, or is collected from irregular and unexpected funds (7 CFR 273.18(g)(1))

296-16     When a "hearing officer" determines that a claim exists, then a new NOA must be sent regarding the overissuance (63-504.261)

296-17     Collecting overissuances from EBT accounts (16-750.1-.13)

296-18     The county can collect from two separate cases at the same time for one claim as long as each case consists of an adult member who was an adult member of another household that received more food stamp benefits than it was entitled to receive (I-58-08)

 

300-1       Duties of work registrants (63-407.4)

300-3       Clarification of policies regarding self-initiated workfare and training programs which satisfy ABAWD work requirements (ACIN I-37-01)

300-3A    Tables setting forth FS participation requirements in non-FSET counties (ACINs I-37-01, I-114-01)

301-1       Wor