California Department of Social Services - State Hearings Division
Notes from the Training Bureau - February 27, 2004

Item 04-02-01A
Paraphrased Regulations

This version of the paraphrased regulations provides changes in two areas; the new Quarterly Reporting (QR) system in CalWORKs and food stamps, and treatment of vehicles in CalWORKs and food stamps.

The QR System

The QR system is a prospective budgeting system that is in effect in some counties already. It is expected that the QR system will be in effect in all counties later in 2004.

The QR system when implemented in a county replaces monthly reporting and retrospective budgeting. Four new issue codes have been added as follows:

026 QR 7s
088 QR 7 property rules
227 QR 7s
258 QR 7 property rules

Vehicles

All vehicles are excluded from food stamp resource consideration effective January 1, 2004. In CalWORKs, the food stamp vehicle rules that were in effect prior to January 1, 2004 continue to apply effective January 1, 2004. Much of MPP §63-501 that applied to vehicles in food stamps has been transferred to MPP §42-215.4.

Beginning with this update, the date a paraphrased regulation has been added or revised will be listed next to the individual paraphrased regulation.

The revisions and additions to the paraphrased regulations in the most recent update are the following:

Revised

084-6 Value of nonexempt real property is equity value, except for vehicles (63-501.12 eff. prior to 1/1/04)
085-7A 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)
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) 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)
085-7C Determining countable resources of vehicles (63-501.525, eff. 6/1/01 renumbered to 42-215.47 eff. 1/1/04)
085-7D 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)
085-7G 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)
085-8 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)
085-9 Evaluation of unlicensed vehicles (63-501.53 repealed eff. 1/1/04)
255-1 Value of nonexempt real property is equity value, except for vehicles (63-501.12 eff. prior to 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)
256-2 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)
256-2H 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)
256-3 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)

New

020-8A 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)
026-1 Quarterly Reporting/Prospective Budgeting (QR/PB) replaces Monthly Reporting Retrospective Budgeting (MRRB) for CalWORKs and food stamps. (ACL 03-18)
026-2 Terms used in QR/PB reporting system. (ACL 03-18)
026-3 The QR 7 must be completed every third month. Completeness criteria for QR 7 are the same as CW 7 completeness criteria. (ACL 03-18)
026-4 Due dates, county actions for QR/PB remain same as under MRRB. (ACL 03-18)
026-4A Discontinuance for failure to return a complete QR 7. Personal contact required. (ACL 03-18)
026-5 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)
026-6 Good cause may be established for failing to return a complete QR 7 in both CalWORKs and food stamps. (ACL 03-18)
026-7 County will use information on QR 7 to determine future eligibility and benefit amount. (ACL 03-18)
026-7A Under QR/PB, county prospective budgeting requires county to use "reasonably anticipated" income recipient will receive during the quarter. (ACL 03-18)
026-7B When income is "reasonably anticipated" so that it can be considered for eligibility and grant/allotment purposes. (ACL 03-18)
026-7C Times when county is required to determine what is "reasonably anticipated" income listed. (ACL 03-18)
026-7D Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167. (ACL 03-18)
026-7E For fluctuating income, county must average income over the QR payment quarter. Steps listed for county to determine monthly average income. (ACL 03-18)
026-7F Actual CalWORKs grant used to compute food stamp allotment (ACL 03-18)
026-8 Property eligibility is determined once per quarter. Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (ACL 03-18)
026-8A Information on the QR 7 is used to determine property eligibility for the entire upcoming payment quarter. (ACL 03-18)
026-8B CalWORKs transfer of asset rules remains unchanged. Under QR/PB period of ineligibility begins at beginning of upcoming payment quarter. (ACL 03-18)
026-9 CalWORKs recipient's continued eligibility based on deprivation on the QR 7 established once per quarter. (ACL 03-18)
026-9A Under QR/PB the three-month adjustment period in MPP §41-405 is eliminated. (ACL 03-18)
026-10 Recipients required to report certain specified changes to the county within 10 days of the change in addition to changes reported on the QR 7 form. Mandatory items for recipient to report listed. (ACL 03-18)
026-10A Income Threshold Report (IRT) defined. (ACL 03-18)
026-10B County must provide recipient with an informing notice that spells out IRT limit on an individualized basis at least once per quarter. (ACL 03-18)
026-10C Failure to report income that exceeds IRT can result in overpayment and CalWORKs disqualification. (ACL 03-18)
026-10D Steps county must take if recipient reports income that exceeds IRT level. (ACL 03-18)
026-10E No mandatory mid-quarter recipient requirement in food stamps to report income in excess of IRT. (ACL 03-18)
026-10F No need for county to verify income that exceeds IRT before county discontinues CalWORKs. (ACL 03-18)
026-10G Income that an assistance unit must report for IRT purposes. (ACL 03-18)
026-11 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)
026-11A 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)
026-12 Recipients may voluntarily report changes in income and circumstances during the quarter. (ACL 03-18)
026-12A 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. (ACL 03-18)
026-12B When increases in benefits due to decrease in income or addition of household member take effect. (ACL 03-18)
026-12C Recalculating the current quarter's CalWORKs and food stamp benefits when a recipient reports a decrease or discontinuance of income. (ACL 03-18)
026-12D No RISPs in the QR/PB system. (ACL 03-18)
026-12E County must issue notice of action if voluntarily reported decrease in income does not result in increase in benefits. (ACL 03-18)
026-12F When Medi-Cal eligibility is established for new members of the assistance unit. (ACL 03-18)
026-12G 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)
026-12H County must treat addition/removal of optional person and income in same manner it would treat a mandatorily included person in the assistance unit. (ACL 03-18)
026-13 Voluntary requests to discontinue benefits in the QR/PB system and county duty to act on the request including providing notice. (ACL 03-18)
026-14 Voluntary requests to discontinue benefits in the QR/PB system and county duty to act on the request including providing notice. (ACL 03-18)
026-15 Under QR/PB reasonably anticipated income is not reconciled with actual income in first two months. (ACL 03-18)
026-16 Establishing CalWORKs overpayments in the QR/PB system. (ACL 03-18)
026-16A 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)
026-16B Voluntarily reported changes not considered when determining whether there is an overpayment/overissuance. (ACL 03-18)
026-16C Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7. (ACL 03-18)
026-16D CalWORKs good faith property overpayment rule applies in QR/PB system. (ACL 03-18)
026-16E No overpayment/overissuance or underpayment/underissuance when actual income differs from reasonably anticipated income. (ACL 03-18)
026-16F Recoupment of overpayment/overissuance only initiated at beginning of the quarter. (ACL 03-18)
026-17 County must take action to restore underpayment/underissuance. Restoration based on QR rules. (ACL 03-18)
026-18 County option how to establish quarterly reporting cycles. (ACL 03-18)
050-2A Under QR/PB the three-month adjustment period in MPP §41-405 is eliminated. (ACL 03-18)
050-6 CalWORKs recipient's continued eligibility based on deprivation on the QR 7 established once per quarter. (ACL 03-18)
085-7H 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)
085-7I For food stamps vehicles are excluded (63-501.3(c) eff. 1/1/04)
087-19 CalWORKs transfer of asset rules remains unchanged. Under QR/PB period of ineligibility begins at beginning of upcoming payment quarter. (ACL 03-18)
088-1 Property eligibility is determined once per quarter. Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (ACL 03-18)
088-2 Information on the QR 7 is used to determine eligibility for the entire upcoming payment quarter. (ACL 03-18)
088-3 Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7. (ACL 03-18)
096-3 CalWORKs transfer of asset rules remains unchanged. Under QR/PB period of ineligibility begins at beginning of upcoming payment quarter. (ACL 03-18)
121-5A When increases in benefits due to decrease in income or addition of household member take effect. (ACL 03-18)
121-5B 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)
121-11 County will use information on QR 7 to determine future eligibility and benefit amount. (ACL 03-18)
121-11A Under QR/PB, county prospective budgeting requires county to use "reasonably anticipated" income recipient will receive during the quarter. (ACL 03-18)
121-11B When income is "reasonably anticipated" so that it can be considered for eligibility and grant/allotment purposes. (ACL 03-18)
121-11C Times when county is required to determine what is "reasonably anticipated" income listed. (ACL 03-18)
121-11D Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167. (ACL 03-18)
121-11E For fluctuating income, county must average income over the QR payment quarter. Steps listed for county to determine monthly average income. (ACL 03-18)
121-11F Actual CalWORKs grant used to compute food stamp allotment (ACL 03-18)
121-11G Recalculating the current quarter's CalWORKs and food stamp benefits when a recipient reports a decrease or discontinuance of income. (ACL 03-18)
121-11H Under QR/PB reasonably anticipated income is not reconciled with actual income in first two months. (ACL 03-18)
136-18 Property eligibility is determined once per quarter. Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (ACL 03-18)
150-13 Establishing CalWORKs overpayments in the QR/PB system. (ACL 03-18)
150-13A No overpayment/overissuance or underpayment/underissuance when actual income differs from reasonably anticipated income. (ACL 03-18)
151-4 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)
151-4A Voluntarily reported changes not considered when determining whether there is an overpayment/overissuance. (ACL 03-18)
152-2A Property related overpayment/overissuance only determined based on information that should have been reported on the QR 7. (ACL 03-18)
152-2B CalWORKs good faith property overpayment rule applies in QR/PB system. (ACL 03-18)
153-3 Recoupment of overpayment/overissuance only initiated at beginning of the quarter. (ACL 03-18)
160-6 County must take action to restore underpayment/underissuance. Restoration based on QR rules. (ACL 03-18)
161-3 No overpayment/overissuance or underpayment/underissuance when actual income differs from reasonably anticipated income. (ACL 03-18)
163-10 No Reduced Income Supplemental Payments (RISP) in the QR/PB system. (ACL 03-18)
227-1 Quarterly Reporting/Prospective Budgeting (QR/PB) replaces Monthly Reporting Retrospective Budgeting (MRRB) for CalWORKs and food stamps. (ACL 03-18)
227-2 Terms used in QR/PB reporting system. (ACL 03-18)
227-3 The QR 7 must be completed every third month. Completeness criteria for QR 7 are the same as CW 7 completeness criteria. (ACL 03-18)
227-4 Due dates, county actions for QR/PB remain same as under MRRB. (ACL 03-18)
227-4A Discontinuance for failure to return a complete QR 7. Personal contact required. (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 both CalWORKs and food stamps. (ACL 03-18)
227-7 County will use information on QR 7 to determine future eligibility and benefit amount. (ACL 03-18)
227-7A Under QR/PB, county prospective budgeting requires county to use "reasonably anticipated" income recipient will receive during the quarter. (ACL 03-18)
227-7B When income is "reasonably anticipated" so that it can be considered for eligibility and grant/allotment purposes. (ACL 03-18)
227-7C Times when county is required to determine what is "reasonably anticipated" income listed. (ACL 03-18)
227-7D Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167. (ACL 03-18)
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)
227-7F Actual CalWORKs grant used to compute food stamp allotment (ACL 03-18)
227-8 Property eligibility is determined once per quarter. Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (ACL 03-18)
227-8A Information on the QR 7 is used to determine property eligibility for the entire upcoming payment quarter. (ACL 03-18)
227-8B CalWORKs transfer of asset rules remains unchanged. Under QR/PB period of ineligibility begins at beginning of upcoming payment quarter. (ACL 03-18)
227-9 CalWORKs recipient's continued eligibility based on deprivation on the QR 7 established once per quarter. (ACL 03-18)
227-9A Under QR/PB the three-month adjustment period in MPP §41-405 is eliminated. (ACL 03-18)
227-10 Recipients required to report certain specified changes to the county within 10 days of the change in addition to changes reported on the QR 7 form. Mandatory items for recipient to report listed. (ACL 03-18)
227-10A Income Threshold Report (IRT) defined. (ACL 03-18)
227-10B County must provide recipient with an informing notice that spells out IRT limit on an individualized basis at least once per quarter. (ACL 03-18)
227-10C Failure to report income that exceeds IRT can result in overpayment and CalWORKs disqualification. (ACL 03-18)
227-10D Steps county must take if recipient reports income that exceeds IRT level. (ACL 03-18)
227-10E No mandatory mid-quarter recipient requirement in food stamps to report income in excess of IRT. (ACL 03-18)
227-10F No need for county to verify income that exceeds IRT before county discontinues CalWORKs. (ACL 03-18)
227-10G Income that an assistance unit must report for IRT purposes. (ACL 03-18)
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)
227-12 Recipients may voluntarily report changes in income and circumstances during the quarter. (ACL 03-18)
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. (ACL 03-18)
227-12B When increases in benefits due to decrease in income or addition of household member take effect. (ACL 03-18)
227-12C Recalculating the current quarter's CalWORKs and food stamp benefits when a recipient reports a decrease or discontinuance of income. (ACL 03-18)
227-12D No RISPs in the QR/PB system. (ACL 03-18)
227-12E County must issue notice of action if voluntarily reported decrease in income does not result in increase in benefits. (ACL 03-18)
227-12F When Medi-Cal eligibility is established for new members of the assistance unit.
(ACL 03-18)
227-12G 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)
227-12H County must treat addition/removal of optional person and income in same manner it would treat a mandatorily included person in the assistance unit. (ACL 03-18)
227-13 Voluntary requests to discontinue benefits in the QR/PB system and county duty to act on the request including providing notice. (ACL 03-18)
227-14 Specified permissible county-initiated changes that may occur during the quarter. (ACL 03-18)
227-15 Under QR/PB reasonably anticipated income is not reconciled with actual income in first two months. (ACL 03-18)
227-16 Establishing CalWORKs overpayments in the QR/PB system. (ACL 03-18)
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)
227-16D CalWORKs good faith property overpayment rule applies in QR/PB system. (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. (ACL 03-18)
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)
252-5H For food stamps vehicles are excluded (63-501.3(c) eff. 1/1/04)
252-12B Property eligibility is determined once per quarter. Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (ACL 03-18)
255-1A Value of nonexcluded resources is equity value (63-501.5 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)
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)
264-7B Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167. (ACL 03-18)
265-8A Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167. (ACL 03-18)
281-9 County will use information on QR 7 to determine future eligibility and benefit amount. (ACL 03-18)
281-9A Under QR/PB, county prospective budgeting requires county to use "reasonably anticipated" income recipient will receive during the quarter. (ACL 03-18)
281-9B When income is "reasonably anticipated" so that it can be considered for eligibility and grant/allotment purposes. (ACL 03-18)
281-9C Times when county is required to determine what is "reasonably anticipated" income listed. (ACL 03-18)
281-9D Stable weekly income multiplied by 4.33, stable biweekly income multiplied by 2.167. (ACL 03-18)
281-9E For fluctuating income, county must average income over the QR payment quarter. Steps listed for county to determine monthly average income. (ACL 03-18)
281-9F Actual CalWORKs grant used to compute food stamp allotment (ACL 03-18)
281-16 Recalculating the current quarter's CalWORKs and food stamp benefits when a recipient reports a decrease or discontinuance of income. (ACL 03-18)
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)
285-3 When increases in benefits due to decrease in income or addition of household member take effect. (ACL 03-18)
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)
292-7 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)
296-7A Recoupment of overpayment/overissuance only initiated at beginning of the quarter. (ACL 03-18)
440-3A When Medi-Cal eligibility is established for new members of the assistance unit. (All County Letter 03-18)
440-3B Effect of person moving into the home with income that causes assistance unit/household to be financially ineligible. New person ineligible for Medi-Cal. (All County Letter 03-18)