This letter includes the revised regulations regarding CalWORKs for children who will not graduate by their 19th birthday because of a disability. The regulations provide that the children remain eligible for benefits until they graduate, turn 19, or stop attending school full-time, whichever occurs first. This covers those current/past recipients of SSI, Regional Center services, an IEP through the school, or anyone who provides independent verification of the disability. [Download]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
Author: Brian Lawlor
Administrative Notice 05-21 – Same Sex Marriage and Civil Unions; Effect on Food Stamps (May 10, 2005)
Though not currently applicable to California (though possibly soon, given the ruling in Lockyer v. City and County of San Francisco finding the ban on same sex marriages unconstitutional), of interest. The Office of General Counsel has concluded that the Defense of Marriage Act, in combination of the Supremacy Clause, dictates that Food Stamps not treat same sex marriages/civil unions as “spouses” for purposes of mandating the persons be treated as one Food Stamps Household.
New NAFS Form
Time to give some credit to the state. There’s a new form out, advising non-cash aid food stamp (NAFS) recipients about the new “income threshold” rule for food stamps. Basically, if you are NAFS and voluntarily report your income mid-quarter, the county can cut you off if your income is over the FS eligibility threshold. (Normally, you’d be fine for the payment quarter.)
Emergency Regulations for Fry case
The emergency regulations are posted for the Fry case, setting out coverage for children not graduating before their 19th birthday because of a disability. Children on SSI, who receive Regional Center or Special Ed (with an Individual Education Plan) services, or whose condition is otherwise independently verified qualify.
Medi-Cal Emergency Regulation R-32-00E – Estate Recovery (March 23, 2005).
Have a low-income client who is an heir on the receiving end of the estate of a deceased Medi-Cal beneficiary, but the estate is subject to repayment for the deceased person’s Medi-Cal costs? That client, my friend, may qualify for a “substantial hardship” waiver of repayment due from the estate because of the surviving heir’s own financial hardship. How so? Read all about it in the new CDHS emergency regulation (see, generally, 22 C.C.R. § 50963. (The emergency reg is open for comment through May 27, 2005). To make it even easier, download a copy of the hardship waiver form itself.
ACL 05-08 – Expansion of Eligibility for Relatives of Victims of Trafficking (April 1, 2005)
The categories eligible under the Trafficking Victims Protection Act have been expanded. They now include the spouse, children, victim’s parents, and single minor siblings if the victim was under 21 at the time the T Visa application is filed. If the noncitizen trafficking victim is 21 years of age or older on the date the T Visa is filed, only the victim’s spouse and children will get derivative eligibility. Family members of trafficking victims get Derivative T Visas, and are also eligible for benefits and services to the same extent as refugees under MPP 63-405.112. [Download]