California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - September 14, 2006
| Item 06-09-01A Paraphrased Regulations |
This version of the paraphrased regulations provides 23 additions and 26 revisions to paraphrased regulations. There are also two deleted paraphrased regulations.
The major areas of changes are in:
* " the CalWORKs special needs section (170-175) because All County Letter 06-25 notified of changes to homeless assistance provisions;
* " the food stamps income section (260-269) and deduction section (270-273) because of changes in food stamps rules effective October 2006 such as changing child support payments from a deduction to an exemption, allowing for additional exemptions consistent with CalWORKs regulations, making the standard utility allowance (SUA) mandatory instead of optional, as well as annual fiscal year increases in deductions such as shelter costs, standard deduction, SUA, etc.
* " Please note that in the foster care section (180-186) paraphrased regulation 181-3K has been added because All County Letter (ACL) 06-19 advised that the elimination of Rosales provisions is now implemented June 9, 2006.
* " Please also note that there are changes in the welfare-to-work section (100-108) including reference to ACL 06-27 and Welfare and Institutions Code (W&IC) 11327.5 because effective July 12, 2006, a sanctioned individual may end a sanction without having a minimum sanction period imposed if the individual cooperate with welfare-to-work.
Deleted
| S270-10 S252-5B |
|
Revised
| 104-3 | Disqualification period applies only to noncomplying person; length of disqualification (W&IC 11327.5(c), (d); 42-721.43, ACL 06-27) |
| 174-4 | Temporary shelter--maximum time limits and payment (44-211.524; ACL 99-69; W&IC 11450(f)(2) ACL 06-25) |
| 174-5 | Permanent housing payment--fiscal limitations (44-211.53; ACL 06-25) |
| 251-1 | Maximum resource limit (63-409.12;, Handbook 63-1101.1, 42-207.2) |
| 252-1 | Exclusion from resources of home and surrounding property (63-501.3(a)) |
| 252-3 | Exemption of property producing income consistent with fair market value (63-501.3(e)) |
| 252-4A | Inaccessible resource defined to mean the resource would be exempt if its equity value is $1500 or less (7 CFR 273.8(e)(18); 63-102(i)(4)) |
| 252-5 | Exclusion of resources when cash value not accessible to HH; specific rules pertaining to trusts (63-501.3(i)(1)) |
| 252-5A |
Exclusion of resources such as security deposits, property in probate, real property listed for sale (63-501.3(i)(2)-(4)) |
| 252-5D | Federal Law excludes unlicensed vehicles from resource consideration if vehicle is inaccessible due to joint ownership, if in probate, or when HH is making a good faith effort to sell (7 CFR 273.8(c), (d), (e); 63-501.3(d)) |
| 252-7 | Inaccessible resources of women in shelter for battered women (63-501.3(m), renumbered to 63-501.3(n)) |
| 252-8 | Income and resources of nonhousehold members and certain excluded household members such as SSI recipients does not count (63-503.45) |
| 256-2E | Vehicle exempted if equity value is $1500 or less under federal regulations (7 CFR 273.8(e)(3), eff. 1/20/01; 63-501.3(c)) |
| 260-3 | Net income of all other HHs other than elderly or disabled (63-503.311; 63-502.2(p); Handbook 63-1101.2; ACIN I-46-05, I-61-06) |
| 260-3C | Net monthly income of household with elderly or disabled member (63-503.312; 63-502.2(p); ACIN I-46-05, I-61-06) |
| 920-1A | Eligibility factors for AAP under state law (W&IC 16120; 22 CCR 35326(a)(1)) |
| 260-3D | Insert standard deduction (ACIN I-____) |
| 260-3F | Current and last year SUA (ACIN I-46-05, I-61-06) |
| 266-6C | Earnings of child under 18, attending school at least half time, are excluded income; exclusion applies to child under 19 effective October 2006 (63-502.2(i), rev. 2/21/02 and again 10/01/06) |
| 270-9 | Circumstances under which recipient is entitled to SUA; Amount of SUA (63-502.363; ACL 03-36; ACINs I-57-04, I-46-05, and I-61-06) |
| 270-10A | When households may switch from SUA to actual costs, and vice versa (7 CFR 273.10(d)(6)(ii)(D); 63-502.363(c)); mandatory SUA effective October 2006 (63-502.363(a)(1)) |
| 270-11 | Old Rule prior to October 2006:$20 telephone allowance when HH not entitled to SUA unless lowest available rate exceeds $20, (63-502.363(b) |
| 272-1 | Net monthly income of HH with elderly or disabled member (63-503.312; 63-502.2(p); ACIN I-61-06) |
| 272-1A | Legally obligated child support to nonhousehold member is a deduction prior to October 2006; treated as an exemption effective October 2006 (ACL 95-49; 63-502.2(p)) |
| 273-5 | Kinds of allowable child support deductions; a deduction for arrearages is permitted; child support is an exemption rather than deduction effective October 2006 (63-502.38, .386 prior to October 2006; 63-502.2(p))) |
| 273-6A | Under QR/PB, shelter costs are fixed at application and recertification until change reported. Utility costs are fixed except for household with SUA that may switch to actual if costs verified (63-509(a)(3)(B) and (C)); mandatory SUA, LUA or TUA determined at application or recertification effective October 2006 (63-509(a)(3)(C)) |
| 321-2B | An individual who no longer qualifies for an ABAWD exemption is immediately subject to the ABAWD work requirement and may not be considered exempt for the remainder of the quarter or for the remainder of the certification period. (63-410.371-.373 repealed effective August 19, 2006) |
Added
| 004-1C |
NOA required when domestic violence waiver is granted or denied; no time limit to request domestic abuse waiver (ACIN I-02-06) |
| 004-2A | County welfare department makes good cause determination regarding cooperation with LCSA; good cause criteria (W&IC 11477.04(a) and (b)) |
| 004-2B | Verbal explanation is not a substitute for adequate written notice (ACIN I-151-82) |
| 101-9A | Counties must have written domestic abuse policies (ACIN I-02-06) |
| 101-9B | County must allow a domestic violence victim to self-declare; county may waive SIP rules for domestic violence victims (ACIN I-02-06) |
| 104-3C | Any WTW sanction ends when non-complying individual complies (W&IC 11327.5) |
| 104-3D | County must use curing process in ACL 03-59 on all sanctions and notify individual of that process (ACL 06-27) |
| 174-1E | Homelessness criteria are expanded to include families who receive a notice to pay rent or quit (ACL 06-25) |
| 174-5A | Permanent homeless assistance available to pay two months rent to prevent eviction (ACL 06-25) |
| 174-5B | Definitions of total monthly household income, income and eligibility for payment of arrearages (ACL 06-25) |
| 181-3K | Impact of Deficit Reduction Act on Rosales, new implementation date June 9, 2006 (ACL 06-19) |
| 252-16 | Restricted accounts are an excluded resource (63-501.3(r); ACL 06-31) |
| 266-13 | Child support payments from a household member to an individual living outside the home are excluded as income (63-502.2(p)) |
| 266-14 | Income exempt or excluded from CalWORKs under §44-111 are also excluded for food stamps (63-502.2(q) effective 10/06) |
| 270-10B | Mandatory SUA effective October 2006 (63-502.363(a)(1)) |
| 270-10C | Households not eligible for SUA may be eligible for LUA (63-502.363(d)) |
| 270-11A | New Rule effective October 2006: Households not eligible for SUA or LUA may be eligible for TUA if telephone costs only (63-502.363(e)) |
| 270-18 | Options for treating unverified shelter deductions (ACIN I-52-06) |
| 270-18A |
Treatment of partial rent payment by excluded household member (ACIN I-52-06) |
| 272-4A | No duty for county to verify income changes of $50 or less for change reporting households (63-504.421) |
| 273-1A | Income deductions; standard, shelter cost, earned income, dependent care (63-503.311; ACIN I-61-06) |
| 273-1B |
Insert deductions, standard, shelter cost (ACIN I-__-__) |
| 273-6B | 2006 SUA, LUA or TUA allowances (ACIN I-61-06) |