CDSS has issued instructions regarding SB 380. Effective November 1, 2018, a CalWORKs assistance unit can receive full child support payments for a stepsibling or half-sibling of an eligible child instead of cash aid for the step/half sibling. Those child support payments will not be considered in determining CalWORKs eligibility or grant amount.
Current law requires that most CalWORKs applicants and recipients assign their right to collect child support to the county. Current law also requires that the income of the sibling of an eligible child living in the same home as the eligible child be counted as income for CalWORKs.
The new rule allows CalWORKs applicants or recipients to exclude the needs of stepsiblings or half-siblings when determining the amount of CalWORKs the family will receive and allows such families to keep all current child support payments made on behalf of that child if: (1) The stepsibling or half-sibling lives with at least one eligible child; (2) He or she is a child for whom child support payments are received; (3) The amount of current child support received for that child is greater than the cash aid amount for that child and (4) The parent or caretaker relative requests in writing that the child not be included in determining the CalWORKs grant amount.
The stepsibling or half-sibling is considered when determining the maximum amount of income the family can have and be eligible for CalWORKs. The stepsibling or half-sibling will be eligible for CalFresh, Medi-Cal, child care and special needs. All other eligible members of the household will continue to receive CalWORKs.
The designation of whether to exclude a step/half-sibling can only be reevaluated at redetermination or semi-annual reporting. The parent or caretaker relative can also ask to end the exclusion of the step/half-sibling mid-period if the child support payments decrease or end. Parents or caretaker relatives will need to provide all necessary verifications for the child in order to end the exclusion mid-period.
When the stepsibling or half-sibling ages out of CalWORKs, any child support arrears collected will count as income for CalWORKs.
When a stepsibling or half-sibling receiving child support is excluded, all of that child’s income does not count for the Assistance Unit. For example, if the child is receiving both child support and Social Security Disability, the Social Security Disability will also not count as income for CalWORKs.
Social Security dependent’s benefits are considered child support when determining whether a stepsibling or half-sibling can be excluded.
When determining if the child support amount a stepsibling or half-sibling exceeds the CalWORKs grant, only child support directed to that child is considered. This means that if a child support order is unallocated among multiple children, that child support is not a basis for excluding the child. In that situation, the family needs to seek a modification of the child support order to have it expressly allocated.
Counties must notify applicants and recipients in writing at application and at each retermination. (ACL 18-82, August 1, 2018.)