This is the December 2000 update of the Paraphrased Regulations (ParaRegs). The last update was July 2000. The last new hardcopy of the ParaRegs was distributed in July 2000 to all ALJs and to two counties (San Diego and San Mateo) and two authorized representative groups (Legal Services of Northern California and Western Center on Law and Poverty). Interested parties may request a hardcopy from the appropriate contact.

The Plan is that there will be updates every two months, except during my vacation in the summer. The next projected updates are in February, April, June, and October 2001.

Beginning with this issue, the hardcopy will be updated in the manner of a manual, i.e., as Barclay’s does in Title 22. A future Notes will include your guide to updating your copy of the ParaRegs.

A list of the ParaRegs which have been deleted, renumbered, revised, or added will be included with each update.

As always, please remember that the ParaRegs do not necessarily set forth CDSS or CDHS policy. They are the writer’s best effort to select, shorten, synopsize, and simplify those court cases, laws, regulations, and written policy memoranda which deal with those areas of the law that seem to be most relevant to the State hearing process. The ParaRegs do not contain policy determinations which may have been communicated orally to the writer, but which have not been put in written form.

It should be noted that certain of the ParaRegs quote specific language from the source. A ParaReg quotes the source only when:

1. The information is technical and cannot be paraphrased.

2. It is important that the exact words used by the CDSS or CDHS be emphasized.

3. The writer of these ParaRegs cannot understand what the writers of the source material meant to say when they wrote the ACL, ACIN, ACWDL, regulation, or law.

Peter Hemenway, Administrative Law Judge Specialist

1340 Multiple Body Systems

236 CFAP
253 Shared ownership/Ownership
1110 General Definitions

1340 = 1341
1341 = 1342
1342 = 1343
1343 = 1344
1344 = 1345

Revised

013-2 Duty of county to provide notices in language other than English (21-115.2; ACL 92-90, 00-03)

015-9 Requirement for adult parents and caretaker relatives and pregnant women to supply two fingerprint images and one photo image at application; failure to provide makes AU ineligible (40-105.3; ACL 00-32)

015-9B Persons temporarily and permanently exempt from SFIS requirements; only specified reasons establish good cause (40-105.33, .35; ACL 00-32)

081-2B Different rules for property evaluation, based on same statute, between 1/1/98 and 6/30/98, and 7/1/98, in that AFDC (now CalWORKs) real property regulations restored 7/1/98 after invalidation, while personal property rules follow FS regulations throughout the entire period (W&IC 11155; 42-203.2, 42-211.2, 42-213.2; ACL 97-66, 98-47)

083-1 Obsolete: 1/1/1998; restored 7/1/98: Property must be actually available to be counted in determining eligibility (42-201.1; W&IC 11155; ACL 97-66)

083-2 Old rule: Trust funds to be included if available (42-211.256; W&IC 11155; ACL 97-66)

085-7A A car, if not otherwise excluded, with a FMV greater than the $4500 (now $4650) limit, was a countable resource, even if the net value of the car was zero after encumbrances (Alexander v. Glickman)

085-7B 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); USDA FNS Letter FS-6-1-CA; 7 USC 2011(g)(2)(c)(ii); ACL 00-06, 00-31; Anderson v. Saenz)

086-17 Income of nonhousehold members such as SSI recipients does not count (63-503.45)

087-17 Income of nonhousehold members such as SSI recipients does not count (63-503.45)

091-2A Different rules for property evaluation, based on same statute, between 1/1/98 and 6/30/98, and 7/1/98, in that AFDC (now CalWORKs) real property regulations restored 7/1/98 after invalidation, while personal property rules follow FS regulations throughout the entire period (W&IC 11155; 42-203.2, 42-211.2, 42-213.2; ACL 97-66, 98-47)

092-1 Obsolete: 1/1/1998; restored 7/1/98: Property must be actually available to be counted in determining eligibility (42-201.1; W&IC 11155; ACL 97-66)

095-12 Income of nonhousehold members such as SSI recipients does not count (63-503.45)

106-1 Mandatory supportive services which are necessary for participation must be provided, or good cause for nonparticipation exists; all but child care shall be advanced; recipients do not need to use their income, disregards or grant (ACL 97-72, 00-54; W&IC 11323.2, 11325.23(d), 11323.4(a); 42-750.1)

106-2 Reimbursement for supportive service travel costs (W&IC 11323.2(a)(2); ACL 97-72, 00-54; 42-750.112)

133-1A $50 child support disregard continues under TANF and CalWORKs (ACIN I-11-97, I-51-97; 82-518.22)

133-1B Date of wage withholding is date of collection of child support (82-520.2, formerly 82-518.4)

133-6 "Excess payments" from child/spousal support are income in CalWORKs, and "pass-on payments" are income in FC (82-520.5, revised 10/1/98, replaced by 82-518.14, 4/1/00)

138-8 Agency required to distribute $50 from current support payment (82-520.2, formerly 43-203(b), 82-520.61, as revised 1/28/99)

183-7 "Excess payments" from child/spousal support are income in CalWORKs, and "pass-on payments" are income in FC (82-520.5, revised 10/1/98, replaced by 82-518.14, 4/1/00)

185-1A Writ of mandate enjoining recoupment of AFDC-FC overpayments (Bass v. Anderson)

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

232-1A Qualified noncitizens who are potentially eligible for FS (63-405.11, eff. 11/1/98 per 63-031.2)

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)

252-8 Income of nonhousehold members such as SSI recipients does not count (63-503.45)

256-2B A car, if not otherwise excluded, with a FMV greater than the $4500 (now $4650) limit, was a countable resource, even if the net value of the car was zero after encumbrances (Alexander v. Glickman)

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); USDA FNS Letter FS-6-1-CA; 7 USC 2011(g)(2)(c)(ii); ACL 00-06, 00-31; Anderson v. Saenz)

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)

302-1 Individuals exempt from work registration requirements (63-407.21; ACIN I-76-00)

321-2 Individuals exempt from ABAWD requirements (63-410.31, .32, .33; ACIN I-76-00)

321-4 How to fulfill the ABAWD work requirement (63-410.21, 63-032.1; ACIN I-76-00)

417-6C Old rule: TMC requirements (ACWDL 90-66, 90-77, 95-85, 98-43)

417-7 When TMC may be discontinued after initial six-month period (ACWDL 90-66; MEPM 5B-4, 5))

417-8 Additional 12 months of TMC after first year for certain 19-year-old and older individuals who continue to meet TMC eligibility requirements (ACWDL 98-56; MEPM 5B-5)

433-2 SLMB income and resource limits (ACWDL 97-34, 99-15)

433-3 SLMB eligibility criteria and income forms reference (ACWDL 92-61; PL 101-508; 50258.1; MEPM 5J-1)

433-7 Two additional SLMB programs, for 120%-135%, and 135%-175%, provide for Medicare payments but no other Medi-Cal eligibility (ACWDL 97-45; PL 105-33)

440-2 General description of Medi-Cal categories (50201)

440-5 Basic Medi-Cal beginning date of aid rule (50193(c), replacing 50701(c), eff. 9/19/00)

443-2 Requirements under CDHS policy for U-deprivation (ACWDL 97-37; 50215; MEPM 5C-11, 12, 13)

444-2 Age requirements for 1931(b) eligibility; child must be deprived and have 0 SOC for parent(s) to be eligible for 1931(b) (ACWDL 98-43; MEPM 5S-3, 4)

444-3 Once U-deprivation is established, PWE can work more than 100 hours and not lose eligibility; applicants who work more than 100 hours can establish U eligibility if net earned income is under FPL (ACWDL 98-43; W&IC 14005.30; MEPM 5S-3)

444-4A Persons ineligible for CalWORKs (e.g., fleeing felons, work sanctioned, aliens without SIS) may still be 1931(b) eligible (MEPM 5S-4)

444-4B Pregnant women in last trimester, without other children, may be 1931(b) eligible, but not father of the unborn (MEPM 5S-3)

447-1 Persons entitled to zero SOC based discontinuance from SSI/SSP due to OASDI income (Pickle Handbook; 50564; Lynch v. Rank)

447-4 Pickle eligibility (Pickle Handbook, 15; Lynch v. Rank)

504-1 County duty to retroactively revise SOC when change resulting in a decrease in SOC is reported in timely manner; option of adjustment or corrected MC 177S (50653.3(a))

505-1 Three-month retroactive eligibility (50197(a), replacing 50710(a), eff. 9/19/00)

505-2 Three-month retroactive coverage, limitations (50197(a)(3), replacing 50710(a)(3), eff. 9/19/00)

530-3 Definition of "prior authorization" (51003(a))

530-4 Use of Manual of Criteria for Medi-Cal Authorization for medically necessary procedures (51003(e))

601-1 Notices involving service programs must be provided on a timely basis (10-116.3)

601-2 Circumstances under which notices are to be provided in service programs (10-116.1)

613-1 Definition of "own home" (30-701(o)(2), renumbered from 30-753(o)(2), 11/14/98, revised 3/27/00; reinstated 3/27/00 per Lubahn v. Saenz)

920-5 Children on whose behalf an AAC agreement was executed prior to 10/1/82 shall be subject to the provisions of W&IC 16121(c) (22 CCR 30674(a))

921-2 "Reassessment", formerly "Recertification" process, and limited right of counties to decrease AAP benefits at recertification (42 USC 673(a)(3); W&IC 16120.05; 22 CCR 35333(d)(1); ACL 98-03; 22 CCR 35343(b)(3))

922-3 AAP agreement specifies duty to report (W&IC 16120.05, added effective 10/11/93, revised effective 1/1/00)

922-10 Old rule: Specific requirements relating to determination of payment amount and duration of AAP (22 CCR 35333, repealed 10/31/94)

926-2 Old rule: AAP benefit negotiated based on median income and actual living expenses; all AAP recipients may be Medi-Cal eligible (W&IC 16119(c), amended effective 10/11/93, and revised eff. 1/1/00)

926-2A Guidelines to be used in determining AAP grant obsolete eff. 12/1/99; deferred payment agreement should be signed even if no cash payment authorized (W&IC 16119(d); 22 CCR 35333(a)(3)(D); ACL 98-03, 99-101; Mark A. v. Davis)

926-2B Determination of AAP benefit level under law as of 1/1/00; Medi-Cal eligibility possible even if no cash benefit (W&IC 16119(d))

926-7 Old rule: Median income for AAP families (ACIN I-42-97, repealed per ACL 99-101)

927-1 AAP overpayments recoverable by grant adjustment and as set forth in regulations (W&IC 16121.05, added effective 10/11/93, revised 1/1/00; 45-808)

927-2A Old rule: Definition of AAP overpayments (Title 22, CCR, 35344(a), effective 11/1/94, obsolete 1/1/00)

1100-5 Best Evidence rule (Old Rule: Evid. Code 1500-1505 repealed eff. 1/1/99; Jefferson. Cal. Ev. Bench Book)

1311-7 Determination of whether the self-employed person is engaging in SGA (20 CFR 416.975(a))

1311-8 Unsuccessful work attempt does not show ability to do SGA (20 CFR 416.974(a) and 416.975(a); POMS-DI 10505.001C.)

1314-6 Effects of mental limitations on unskilled sedentary work (POMS DI 25020.010A.3; SSR 96-9p)

1314-9 Criteria in Ruling used to determine RFC (SSR 96-8p, 96-9p; POMS DI 25015.020A.)

1316-1 Transferability of skills (POMS DI 25020.015A.(3))

1342-12 Effects of mental limitations on unskilled sedentary work (POMS DI 25020.010A.3; SSR 96-9p)

New

004-4A Two NOAs required if applicant fails to cooperate in providing information, complying with SFIS (ACL 00-32)

010-12 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)

015-9C Counties must inform applicants/recipients of SFIS requirements (ACL 00-32)

015-9D Two NOAs required if applicant fails to cooperate in providing information, complying with SFIS (ACL 00-32)

042-2 Aliens eligible for aid as provided under federal law, if lawfully admitted for permanent residence, or if PRUCOL (W&IC 11104)

073-13 Revisions to MFG NOA, requirements to notify applicants and recipients of MFG rules, eligibility of certain teen parents (Nickols v. Saenz; ACIN I-82-00)

082-5 Owner of legal title is presumed to be owner of the beneficial title (Ev. C. 662)

082-6 Transfers of property can be made orally; when effective (Civ. C. 1052-1055)

087-18 Conversion occurs when property is changed from one form to another (42-203.10)

093-4 Real property can be transferred only by operation of law, or by a writing (Civ. C. 1091, 1624(a))

093-5 Owner of legal title is presumed to be owner of the beneficial title (Ev. C. 662)

093-6 Transfers of property can be made orally; when effective (Civ. C. 1052-1055)

096-2 Conversion occurs when property is changed from one form to another (42-203.10)

106-2A Payment for transporting children may be an allowable travel cost (ACL 00-54)

173-1A Pregnancy need to be paid to eligible pregnant women effective the month of verification of pregnancy (ACL 00-45; W&IC 11450(c))

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)

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

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

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

253-5 Owner of legal title is presumed to be owner of the beneficial title (Ev. C. 662)

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))

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)

302-1B Appeal from denial of UIB does not meet work exemption requirement, but zero UIB payment in order to recover UIB overpayment does (ACIN I-76-00; 63-407.21(e))

302-1C CDSS policy is to limit care of incapacitated person, or participation in drug or alcohol program, to situations where employment is precluded for at least 30 hours per week (ACIN I-76-00; 63-407.21(d) and (f))

310-9 Adult, or minor applying as a separate HH, or AR when no adult is required or able, must comply with SFIS or FS benefits will not be issued (63-601.12, .14; ACL 00-32)

321-1A Coupons received in mail and EBT benefits count as receipt of FS, but failure to pick up FS coupons is not a receipt month for ABAWD purposes (ACIN I-76-00)

417-6 TMC eligibility (MEPM 5B-3, 4)

417-6A CalWORKs, 1931(b) and Edwards benefits count towards TMC eligibility period (MEPM 5B-11)

417-6B Receipt of CalWORKs plus 1931(b) in 3 of last 6 months meets TMC eligibility test (MEPM 5B-12)

430-13 "Work" undefined in 250% program, but examples of "work" are given (ACWDL 00-51)

433-4 SLMB limitations in payment, eligibility criteria, and what Medicare Part B covers (MEPM 5J-1)

437-4 QI-1 program payments and eligibility criteria (MEPM 5J-5)

437-5 QI-2 program payments and eligibility criteria (MEPM 5J-5, 6)

443-3 PWE is based on which parent had greater earnings in 24 months prior to determination of U eligibility; if equal earnings, parents may choose who is to be PWE (50215(c); MEPM 5C-11)

444-5E Status of income limits for the 1931(b) program as of 3/1/00 (ACWDL 00-48)

444-5F Social Security COLAs are not to be applied until new FPLs are issued (ACWDL 00-53)

447-4A Actual receipt of SSI/SSP required, but only entitlement to RSDI required, for potential Pickle Eligibility (Pickle Handbook, 2)

447-9 Method for computing Pickle income eligibility (Pickle Handbook, 18)

447-10 How to determine ISM from VTR or PMV (Pickle Handbook, 14)

447-14 DAC eligibility under Pickle (Pickle Handbook, 6)

530-7 Beneficiary must use other health care coverage before using Medi-Cal (51005(a))

532-1 Definition of durable medical equipment (51160)

585-2A Assignment to, disenrollment from, managed care in Two Plan Model (53883)

585-7 Preference for placing family members in same plan (53884(b)(4))

585-8 Travel time to primary health provider should not exceed 30 minutes or ten miles, unless waived by beneficiary (53885)

601-3 Approval notices requires an effective date (10-116.41)

601-4 Notice to recipient decreasing service requires county to detail circumstances which led to proposed change, cite regulations, explain aid pending (10-116.42, .43)

601-5 Persons who do not have right to state hearings (10-117.4)

603-5 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)

611-9 CDSS policy is to apply SSI/SSP rules to IHSS in regard to transfer of resources for less than FMV, and for counting assets held in trust as resources, without notice to the applicant/recipient or without regulatory change (ACL 00-35)

612-5 MSSP waiver allows MSSP to grant hours above statutory IHSS maxima if maxima has been reached, and to exclude MSSP as an alternative resource when maxima IHSS not authorized (W&IC 9562(b); ACL 00-34)

620-13B MSSP waiver allows MSSP to grant hours above statutory IHSS maxima if maxima has been reached, and to exclude MSSP as an alternative resource when maxima IHSS not authorized (W&IC 9562(b); ACL 00-34)

741-2 RCA persons are entitled to $225 and 50% income disregards used in CalWORKs, and reception and placement cash received by a refugee cannot be used in determining income eligibility (ACL 00-40; 45 CFR 400.66(d); 65 FR 15410)

825-12 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)

825-13 CDSS position is that despite statutory language, it can amend and issue rules by ACL; ACL says that counties can, without notice to applicants or recipients, disqualify these persons for (1) certain transfers of services; (2) certain trusts; making false or misleading statements (ACL 00-27)

922-1 Requirement to inform prospective adoption family of continuation of agreed benefit level except in specified circumstances (W&IC 16119(f), effective 1/1/00; ACIN I-47-00)

922-5 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)

927-2 CDSS/agency must inform adoptive family of right to continued benefits unless specified change in circumstance occurs (W&IC 16119(f); ACIN I-47-00)

940-3 MSSP waiver allows MSSP to grant hours above statutory IHSS maxima if maxima has been reached, and to exclude MSSP as an alternative resource when maxima IHSS not authorized (W&IC 9562(b); ACL 00-34)

1001-4A Real property can be transferred only by operation of law, or by a writing (Civ. C. 1091, 1624(a))

1001-5 Transfers of property can be made orally; when effective (Civ. C. 1052-1055)

1001-6 Owner of legal title is presumed to be owner of the beneficial title (Ev. C. 662)

1100-5A Secondary Evidence Rule, replacing Best Evidence Rule (Ev. C. 1520, 1521, 1523, 1530, 1550; Witkin, California Evidence, 4th Edition, Vol. 2)

1100-8 Trier of fact may consider failure to explain or deny facts (Ev. C. 413)

1100-9 Hearsay evidence defined (Ev. C. 1200(a))

1100-10 Hearsay exception: statement made by party or party's representative (Ev. C. 1220)

1100-11 Hearsay exception: adoptive admission (Ev. C. 1221)

1100-12 Hearsay exception: declaration against interest (Ev. C. 1230)

1100-13 Hearsay exception: business records (Ev. C. 1271)

1100-14 Hearsay exception: absence of entry in business record (Ev. C. 1272)

1100-15 Hearsay exception: official records (Ev. C. 1280)

1103-4 Generally no retroactive effect given to changes in law (Rosasco v. Comm. on Judicial Performance, Evangelatos v. Superior Court)

1110-1 Regulation defined (Handbook 17-001.1; Gov. C. §11342)

1110-2 Handbook defined (Handbook 17-001.2)

1110-3 Explanation of Manual Letters (Handbook 17-001.3)

1110-4 Explanation of ACLs (Handbook 17-001.4)

1110-5 Explanation of ACINs (Handbook 17-001.5)

1303-6 Evaluation of whether or not the individual is following prescribed treatment, particularly regarding obesity (SSR 00-03p; POMS DI 24570.001B.)

1308-7 "Acceptable sources" and "other sources" (20 CFR 416.913(a), (e))

1308-8 What medical reports include (20 CFR 416.913(b))

1308-9 "Treating source" distinguished from "consulting source" (POMS DI 22505.001B.)

1308-10 Definition of source of record (POMS DI 22505.001B.)

1315-3 Age as a vocational factor (POMS DI 25015.005A.)

1315-4 Education as a vocational factor (POMS DI 25015.010A.)

1316-4 Skills as a vocational factor (POMS DI 25015.015A.)

1316-5 Determining skill level of PRW (POMS DI 25015.015B.)

1316-6 Training as a vocational factor (POMS DI 25015.015A.)

1317-4 Work experience as a vocational factor (POMS DI 25015.015A.)

1323-3 Effect of deletion of Listing 9.09 on ongoing claims (SSR 00-3p; POMS DI 24570.001B.)

1339-9A How obesity is evaluated (SSR 00-3p; POMS DI 24570.001)

1339-9B Obesity Listing 9.09, deleted 10/25/99, cannot be used to decide claims pending on that date (SSR 00-3p; POMS DI 24570.001B.(10))

1339-9C Evaluation of whether or not the individual is following prescribed treatment, particularly regarding obesity (SSR 00-03p; POMS DI 24570.001B.)

1339-9D Effect of deletion of Listing 9.09 on ongoing claims (SSR 00-3p; POMS DI 24570.001B.)

1340-1 10.00 Multiple Body Systems

1340-2 10.01 Category Impairments/Multiple Body Systems

1340-3 10.06 Down syndrome

1342-16 Sedentary individual with mental limitations or restrictions (SSR 96-9p; POMS DI 25015.020B.)

1342-17 Lay evidence may be used in SSI determinations to establish medical equivalence under Listing 12.04B. (Schneider v. Commissioner)