California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - April 12, 2004
| Item 04-04-01A Paraphrased Regulations |
This version of the paraphrased regulations provides additions and revisions in CAPI and food stamps as well as one paraphrased regulation citing All County Information Notice I-65-86 regarding bankruptcy. There are 30 new paraphrased regulations and 19 revised ones.
There is one new issue code (826) and two revised issue codes as follows:
| 215 | Expedited service/Transitional Food Stamps |
| 826 | CAPI Sponsor Deeming |
| 1210 | Wages/Bankruptcy |
The revisions and additions to the paraphrased regulations are the following:
Revised
| 232-1B | Old Rule: Qualified noncitizens who are potentially eligible for FS (63-405.11, eff. 3/2/00) |
| 232-1C | Old Rule: Noncitizens who were eligible for 7 years under regulations in effect from 11/1/98-3/2/00; eligibility for retroactive benefits (63-405.12, eff 11/1/98 per 63-031.2; 63-032.3) |
| 252-9 | Inclusion of income and resources of disqualified or excluded HH member (63-503.441) |
| 267-1 | Computation of income of HHs with excluded members (63-503.442) |
| 282-1 | Discontinued income defined; income received in beginning months which is noncontinuous into the budget month is not to be retrospectively budgeted (63-503.232(d)(1)) |
| 286-2 | What nonmonthly reporting HHs must report (63-505.51) |
| 303-2 | Reasons for deferring from mandatory participation in FSET (63-407.811) |
| 305-2 | Required notice when county determines that noncompliance was without good cause (63-407.52) |
| 306-1A | Length of FS sanctions (63-407.53) |
| 306-3A | Reestablishing eligibility after sanction (63-407.612 repealed effective 8/8/03) |
| 307-4 | Reimbursement for transportation, child care, and other costs (63-407.83) |
| 308-1 | Old Rule: Voluntary quit rules; when applicable (63-408.1 revised effective 8/8/03) |
| 308-6 | Old Rule: County duty to determine if good cause quit, and not to delay benefits pending determination (63-408.2 revised effective 8/8/03) |
| 308-7 | Requirements for what voluntary quit NOA must include (63-408.21) |
| 308-9 | Old Rule: Voluntary quit penalties for applicants who leave employment without good cause (63-408.1, .11, .12 revised effective 8/8/03) |
| 308-9A | Old Rule: Reestablishing eligibility after voluntary quit without good cause (63-408.12 revised effective 8/8/03) |
| 321-7 | Required ABAWD NOA when alleged failure to meet ABAWD work requirements after 3 "free" months (63-410.4) |
| 825-3A | Classes of non-citizens who entered the U.S. on 8/22/96 or later and who may be potentially CAPI eligible (ACL 98-82; 49-020.31) |
| 825-3D | Potential eligibility for extended CAPI for individuals ineligible for Basic CAPI; 10-year sponsors' deeming rule (W&IC 18938(a)(3); 49-020.32) |
New
| 211-1 | General food stamp application process (63-300.1 and .12) |
| 211-8A | Conditions for postponement of SFIS process (63-601.13) |
| 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) |
| 214-6A | Conditions for postponement of SFIS process (63-601.13) |
| 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) |
| 221-2A | CW 7 must be signed to be complete (63-504.323) |
| 232-1 | Qualified noncitizens who are potentially eligible for FS (63-405.1, .11 and .2 eff. 8/8/03) |
| 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) |
| 240-8 | 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); 63-402.141) |
| 260-3C | Net monthly income of household with elderly or disabled member (63-503.312; ACL 96-56, 01-56, 02-62) |
| 266-2A | Money for care of non-household third party beneficiary is excluded (63-502.2(h)) |
| 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)) |
| 308-1A | New Rule: Voluntary quit or reduced work effort rules (63-408.1, .11 and .12) |
| 308-6A | Voluntary quit or reduced work effort rules for applicants (63-408.21 effective 8/8/03) |
| 308-6B | Voluntary quit or reduced work effort rules for recipients (63-408.22 effective 8/8/03) |
| 308-6C | Individuals who qualify for exemption excused from voluntary quit or reduced work disqualification provision (63-408.3) |
| 321-4C | Circumstances where individual has temporary work absences yet may meet ABAWD work requirements (63-408.22) |
| 825-3G | Definition of Basic CAPI (49-005(b)) |
| 825-3H | Definition of Extended CAPI (49-005(e)(4)) |
| 825-8K | Definitions of "new" and "old" affidavits of support (49-005(a)(1) and (2)) |
| 826-1 | Income of sponsor and sponsor's spouse deemed to sponsored non-citizen (49-035.723) |
| 826-1A | Definitions of "new" and "old" affidavits of support (49-005(a)(1) and (2)) |
| 826-1B | Sponsor deeming rules apply regardless of actual support by sponsor (49-037.1) |
| 826-2 | Deeming rules when sponsor signed "new" affidavit of support (49-037.2) |
| 826-3 | Deeming rules when sponsor signed "old" affidavit of support (49-037.3) |
| 826-4 | Times when indigence exception from sponsor deeming applies (49-037.41) |
| 826-4A | No indigence exception when non-citizen lives with sponsor or receives free room and board (49-037.42) |
| 826-4B | When non-citizen is considered unable to obtain food and shelter (49-037.43) |
| 1210-2 | General rules regarding overpayments dischargeable in bankruptcy (ACIN I-65-86) |