California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - December 30, 2004
| Item 04-12-01A Paraphrased Regulations |
This version of the paraphrased regulations adds 30 new paraphrased regulations, revises nine, deletes 12 and renumbers 35. The major changes are in the Welfare to Work section involving Learning Disabilities from All County Letter 04-48 and WTW participation requirements including eliminating the 18 and 24-month WTW participation time limits from All County Letter 04-41.
Two new issue codes have been added. They are:
Issue Codes
129 QR Budgeting
288 QR Budgeting
Renumbered
| 121-11=129-1 121-11A=129-1A 121-11B=129-1B 121-11C=129-1C 121-11D=129-2 121-11E=129-3 121-11F=129-4 121-11G=129-5 121-11H=129-5A 121-11I=129-6 121-11J=129-6A 121-11K=129-6B |
121-11L=129-7 121-12=129-8 121-13=129-9 121-13A=129-9A 121-13B=129-9B 121-13C=129-9C 121-13D=129-9D 121-14=129-10 121-14A=129-10A 121-14B=129-10B 121-15=129-11 281-9=288-2 | 281-9A=288-2A 281-9B=288-2B 281-9C=288-2C 281-9D=288-2D 281-9E=288-3 281-9F=288-3A 281-10=288-4 281-10A=288-4A 281-14A=288-6 281-16=288-7 281-17=288-8 |
Paraphrased regulations in the 121 section have been moved to the new129 section in CalWORKs and from the 281 section to the new 288 section in food stamps so that it is easier to locate QR Budgeting issues.
The following paraphrased regulations have been deleted:
Deleted
| 085-7D S085-7E 085-7I 085-10 |
S103-9 S103-10 S135-12 227-4A | 227-12 S297-1 S410-20 S561-1A |
Those deleted paraphrased regulations that may still be found in the HTML version are those marked with an S before them while the others will not be found because it was determined that they would not be used.
The index for the revisions and additions to the paraphrased regulation are the following:
Revised
| 085-5 | Special adaptive equipment for vehicles of disabled persons, or for vehicles used by caretaker relatives to transport a disabled child, is exempt (42-215.411; ACL 97-38; ADA of 1990) |
| 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 42-215.472 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; ACIN I-124-00) |
| 103-6A | Definition of "learning disabilities" (ACL 01-70, 04-48; 42-701.2(l)(2)) |
| 103-14 | Retrospective adjustment of time clock for persons with learning disabilities who have been improperly evaluated (ACL 04-48; 42-722.81-.84) |
| 232-1 | Qualified noncitizens who are potentially eligible for FS (63-405.1, .11 and .2 eff. 8/8/03) |
| 260-3 | Net income of all other HHs other than elderly or disabled (63-503.311; Handbook 63-1101.2; ACL 98-78, 00-63, 01-56, 02-62, 03-36, ACIN I-57-04) |
| 270-9 | Circumstances under which recipient is entitled to SUA; Amount of SUA (63-502.353, revised to 63-502.363; ACLs 99-71, 00-63, 01-17, 01-56, 02-62 03-36, ACIN I-57-04) |
| 561-1A | Requirements needed to be eligible for PCSP (51181, 51183, 51350 MPP 30-780.4) |
Added
| 100-18 | Changes in WTW participation requirements and plan; implemented by ACL (ACL 04-41, SB 1104) |
| 100-18A | Implementation timelines for SB 1104 WTW changes (ACL 04-41; SB 1104) |
| 101-2A | Minimum hours of WTW participation; core and non-core activities defined (ACL 04-41; W&IC 11322.8(a-c) |
| 101-2B | In two-parent AU, one parent must participate a minimum of 20 hours per week (ACL 04-41) |
| 101-2C | Participation in vocational education and training as core activity limited to 12 months (ACL 04-41) |
| 103-8A | Counties must offer a screening for learning disabilities at first welfare to work contact (42-722.11, 13; ACL 04-48) |
| 103-8B | Participants who request a learning disabilities screening must be screened before assignment to welfare to work activity (42-722.14; ACL 04-48) |
| 103-8C | Counties must evaluate limited English proficient participants for learning disabilities (42-722.15; ACL 04-48) |
| 103-9 | No sanction if person declines learning disabilities screening or evaluation, but county must inform person of consequences (42-722.21, .22; ACL 04-48) |
| 103-10 | Referral process for evaluation of persons with suspected learning disabilities (42-722.41, .42; ACL 04-48) |
| 103-10A | Participants found to have potential learning disabilities and agree to evaluation must be evaluated for learning disabilities before assessment (42-722.44, .45; ACL 04-48) |
| 103-10B | Counties must offer learning disabilities screening to exempt volunteers and working welfare to work participants; participants screened only once, not annually (ACL 04-48) |
| 105-9 | Twenty-hour core activity requirement does not apply to SIPs (ACL 04-41) |
| 109-9 | Changes in WTW participation requirements and plan; implemented by ACL (ACL 04-41, SB 1104) |
| 109-9A | CalWORKs 18- and 24-month time limits eliminated (ACL 04-41; W&IC 11454) |
| 109-9B | WTW participants who are assigned to community service before December 1, 2004, must continue in that plan until amended plan is developed (ACL 04-41) |
| 135-12 | Determination of income deemed to the sponsored alien (44-133.7) |
| 215-4H | Situations where household member leaves TFS household and moves into another food stamp household (ACIN I-72-04) |
| 215-4I | Resources not a factor in TFS (ACIN I-72-04) |
| 267-6 | Foster care children are either excluded from the household or in the household along with income (ACIN I-73-04) |
| 269-3 | Signed statement needed for loan to be excluded (ACIN I-73-04) |
| 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) |
| 288-5 | Definition of "issuance month" (63-102(i)(10)) |
| 306-9B | Foster care children are either excluded from the household or in the household along with income (ACIN I-73-04) |
| 306-9C | No overissuance for food stamps received between date individual failed to comply with workfare and date sanction is imposed (ACIN I-71-04) |
| 410-18F | Medi-Cal beneficiary may continue to receive Medi-Cal after SSI/SSP discontinuance based on "no longer disabled" if he/she alleges a new disability (ACWDL 04-31) | 414-5A | County may not deny application of LTC person due to non-cooperation of representative, but must do diligent search (ACWDL 94-62) | 449-3B | Ongoing eligibility for persons discontinued from SSI/SSP until county completes eligibility redetermination (ACWDL 04-31) | 483-5A | Property of incompetent individual considered available if another individual can get access to the property (ACWDL 94-62) | 620-7A | Standardized time per task guidelines (ACIN I-69-04, W&IC 12301.2) |
Non-substantive changes/corrections were made to other paraphrased regulations. They are not listed here.