California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - March 1, 2005
| Item 05-03-01A Paraphrased Regulations |
This version of the paraphrased regulations adds 31 new paraphrased regulations, revises 26 and deletes 26. In addition, three paraphrased regulations are renumbered. The major changes involve more revisions to the quarterly reporting regulations and the addition of All County Letter (ACL) 04-59 regarding the authorization of food stamp benefits for certain categories of drug felons.
The paraphrased regulations that were deleted all involve CalWORKs quarterly reporting. Most are deletions of references to All County Letter 03-18 that preceded CalWORKs regulations that became effective July 1, 2004. Judges should be citing regulations rather than ACL 03-18 for any action that took effect on or after July 1, 2004 if there is a valid regulation to cite. For QR issues before July 1, 2004, ACL 03-18 should be cited.
There are some paraphrased regulations that still list ACL 03-18. That is because ACL 03-18 cited some policy interpretations that were not included in the regulations. In fact two new paraphrased regulations citing ACL 03-18 were added.
In the next version of paraphrased regulations, many references to ACL 03-18 in food stamps will be deleted. As stated in Notes From the Training Bureau Item 04-9-1, the paraphrased regulations that were deleted are deleted from the printed copy. All the paraphrased regulations deleted in this update will remain in the laptop HTML version of the paraphrased regulations and will begin with an "S" such as S026-2.
Renumbered
121-2B to 129-1EDeleted
| S026-2
S026-4A S026-6 S026-7A S026-7B S026-7C S026-7D S026-7F S026-8A |
S026-9A
S026-10D S026-10E S026-12 S026-12B S026-12E S026-13 S026-14 S026-16D | S026-16F
S121-5A S129-1 S129-1A S129-1C S129-5 S152-2B S153-3 |
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
| 020-8 | First county is responsible for eligibility and payment until end of transfer period; second county establishes quarterly reporting cycle (40-190.2,.21, .22) |
| 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. (40-181.1, 44-350.5, 44-316.331(n), ACL 03-18) |
| 026-7 | County will use information on QR 7 to determine eligibility on quarterly basis regarding deprivation, property, AU composition and transfer of assets (40-181.1(a)(1)) |
| 026-8 | Property eligibility is determined once per quarter. Nonrecurring lump sum is considered property in CalWORKs under QR/PB. (40-181.1(a)(1); 42-209.2; 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. (42-221.612(b); ACL 03-18) |
| 026-9 | CalWORKs recipient's continued eligibility based on deprivation on the QR 7 established once per quarter. (41-405.11; ACL 03-18) |
| 026-10A | Income Threshold Report (IRT) defined. (44-316.324; ACL 03-18) |
| 026-18 | County option how to establish quarterly reporting cycles. (40-107(j);ACL 03-18) |
| 088-1 |
Property eligibility is determined once per quarter based on information reported on QR 7 (40-181.1(a)(1)) |
| 125-11 | County shall rescind financial ineligibility discontinuance if estimated/reasonably anticipated net income is not received (44-207.24) |
| 129-2 | Weekly income multiplied by 4.33, biweekly income multiplied by 2.167. (44-315.315) |
| 129-4 | Actual CalWORKs grant used to compute food stamp allotment (63-509(a)(4)(A)5.) |
| 138-13 | Deductions allowed from gross income from pensions, and similar sources, for income taxes and other expenses required in order to receive the income (44-113.32; ACL 00-13) |
| 141-1 | Determining income from self-employment (generally) (44-113.212; W&IC 11155.3(c)) |
| 221-5 | Definition of "extended filing date" (63-102(e)(5)) |
| 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) |
| 245-4 | Certain HHs not categorically eligible (63-301.74, revised 6/1/01) |
| 431-3 | Transfers, CSRA (42 USC 1396r-5(f); ACWDL 98-49, 99-59, 00-58, 01-63, 02-53, 03-54, 04-36) |
| 431-4 | MMMNA, basic plus adjustments for indexing, at state hearing (42 USC 1396r-5(d), (e), (g); ACWDL 00-58, 01-63, 02-53, 03-54, 04-36) |
| 432-6 | Allocations in the QMB, SLMB, QI, and 250% working disabled programs in 2002 through 2005 (ACWDL 01-66, 02-56, 03-57, 04-39) |
| 433-6 | Allocations in the QMB, SLMB, QI, and 250% working disabled programs in 2002 through 2005 (ACWDL 01-66, 02-56, 03-57, 04-39) |
| 437-4A | QI-1 program sunset extended to September 20, 2004 (ACWDL 03-20, 03-51, 04-11, 04-38) |
| 437-6 | Allocations in the QMB, SLMB, QI, and 250% working disabled programs in 2002 through 2005 (ACWDL 01-66, 02-56, 03-57, 04-39) |
| 447-8 | SSI payment levels to determine if Pickle eligibility exists (ACWDL 04-37) |
| 447-10 | How to determine ISM from VTR or PMV (Pickle Handbook, 14, ACWDL 04-37) |
| 1311-5 | Dollar amounts that equal SGA increased to $700, 1/99, to $740 as of 1/01and to $780 as of 1/02 $810 as of 1/04 and $830 as of 1/05 (20 CFR 416.974(b); ACWDL 01-34; 04-40, MEPM 22C-2.1) |
Added
| 026-4E | Final CW 7 used when transitioning recipient from MR/RB to QR/PB (ACL 03-18) |
| 062-3 | Identifying disabled 18-year olds (ACL 04-50) |
| 062-3A | Implementation of procedures and standards to determine if 18-year old is considered disabled (ACL 04-50) |
| 062-4 | Counties must discontinue 18-year olds who are not disabled; no overpayment for those who received cash aid based on ACL 04-33 (ACL 04-50) |
| 088-4 | Under QR/PB, excess property overpayments based on information that should have been reported on QR 7 (44-352.111) |
| 104-6 | Sanction procedures for second parent in a two-parent assistance unit (ACL 04-47) |
| 104-6A | Second parent may not receive exemption for caring for ill/incapacitated person or child under six months when first parent has been sanctioned (42-721.45, .453) |
| 129-1D | When AU is financially eligible during QR Payment Quarter (44-207.211, .212) |
| 129-1F | At application, applicant test applied using actual income for initial month only (ACIN I-84-03) |
| 129-2A | Circumstances where county may use 2.167 or 4.33 conversion factors (44-315.315(a), (c)) |
| 153-2A | Under QR/PB, overpayment recoupment is initiated only at beginning of quarter (44-352.41) |
| 156-2A | Administrative review for tax intercepts (20-406.1) |
| 186-8B | WIC 11464 applies to foster care children placed in facility having a "vendorized" or contractual relationship with regional center (ACL 98-28) |
| 227-3I | Situations where QR 7 not considered fully answered (63-508.442) |
| 227-4E | Final CW 7 used when transitioning recipient from MR/RB to QR/PB (ACL 03-18) |
| 227-18A | Aligning CalWORKs and food stamps reporting cycles (§63-508.22) |
| 240-9 | Household required to establish eligibility only once per quarter based on QR 7 (63-508.67,.671) |
| 243-6B | Some convicted drug felons now eligible for food stamps (W&IC 18901.3) |
| 245-7A | Drug felon who becomes eligible household member per W&IC §18901.3 may increase household food stamp allotment (ACL 04-59) |
| 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) |
| 248-11C | Counties may or may not send fliers or use automated systems to identify potentially eligible drug felons (ACIN I-03-05) |
| 261-6 | In QR, counties apply gross and net income standards to averaged income reported on the QR 7 (63-503.321(a)) |
| 288-8A | 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)) | 431-8A | Family member base allocation for 2004-5 is $1562 (ACWDL 04-22) | 444-5H | 1931(b) "Test A" income standards increase effective December 2004 (ACWDL 04-35) | 531-1D | Stayplates not authorized to replace posterior teeth only (Denti-Cal Provider Manual 4-34) | 561-5 | All Medi-Cal eligibility determinations including those for PCSP recipients must follow Medi-Cal rules (ACWDL 04-27) |
| 1311-5B | SGA rules do not apply to certain legally blind persons, disabled Medi-Cal beneficiaries who return to work and 250% program applicants (ACWDL 04-40) |