On December 1, 2004, DCSS issued CSS Letter 04-27, which implements the new requirement to do bank levies for child support arrears even when the the noncustodial parent is in compliance with the order for current support. The letter indicates that about 36,000 thousand notices will be mailed to NCPs who were previously not subject to bank levies demanding payment or they will be submitted for bank levy. The first $3,500 in a bank account is exempt without making a claim, as are cases where the NCP has filed bankruptcy or receives SSI. A claim of exemption can be made for accounts with over $3,500 based on financial hardship, which is not further defined in the letter or the statute. The NCP can either contact the Franchise Tax Board at (866) 820-5408 or the Local Child Support Agency. A formal claim of exemption (Judicial Counsel forms EJ 160 and 165) must be given to the LCSA prior to disbursement of the funds levied. The Letter states that the LCSA will file the claim of exemption in court if they oppose it. [Download]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
Author: Brian Lawlor
PIH Notice 2005-1 – Implementation of the Consolidated Appropriations Act (HR 4818 – H Rept 108-792), 2005 Funding Provisions for the Housing Choice Voucher Program (December 8, 2004)
This notice implements the funding provisions resulting from Congress’ enactment of the Consolidated Appropriations Act, 2005. The notice locks in the budget-based process for allocating Section 8 voucher funds to public housing authorities (PHAs) implemented in 2004 and offers guidance to PHAs as to how HUD will make such allocations. [Download]
PIH Notice 2004-24 – Income Calculation and Verification Guidance Re Medical Prescription Drug Cards and Transitional Assistance (November 10, 2004)
This notice provides guidance to public housing authorities (PHAs), project owners and other interested parties regarding the determination of annual and adjusted income in HUD’s assisted housing programs under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, Public Law 108-173. The notice provides that “in calculating annual income for a family, any assistance or benefit received from the Medicare discount card or the transitional assistance [subsidy] must be excluded … for the purpose of calculating any rent or assistance … [and] must be treated as a standard medical deduction when determining the family’s medical expense deducation.” The notice also provides guidance for PHAs and owners on how to verify a tenant’s status as a beneficiary of the Medicare discount card program. [Download]
ACL 04-46 – Glesmann v. Saenz Impact On Relative Caregiver Approval (November 19, 2004)
While this case is on appeal, counties are required review all pending applications for license exempture for those convicted of second degree robbery with a Certificate of Rehabilitation (okay, so maybe you don’t see a lot of these …). At issue in the case was CDSS’ policy of counting this situation as a non-exemptable offense. Counties must allow these applications for exemption to proceed. [Download]
ACL 04-54 – Regional Market Rate (RMR) Regulations (November 29, 2004)
Striving for regularity through regulations, not Metemusil. These final regulations bring uniformity to the Regional Market Rates for CalWORKs and other subsidized child care programs. (Portions of the emergency regulations were suspended with the budget trailer bill.) Of note: Payment to license-exempt providers cannot exceed the RMR ceilings; Parents may utilize multiple providers if a single provider cannot accommodate the certified need for care, broader coverage of private recreation programs exempt from licensure. [Download]
DHS ACL 04-31 – Questions and Answers on SB 87 Medi-Cal Redetermination Process for Discontinued SSI/SSP Beneficiaries as Ordered in Craig v. Bonta (October 22, 2004)
Clarifies the policy directives in ACL 03-24. Clarifies that if the SSA discontinuance reason is “no longer disabled” the beneficiary can still allege a disability but it must be a disability different from the disability under which the SSI/SSP was granted. Discusses ongoing eligibility for Personal Care Services (PCS) and In Home Supportive Services (IHSS) during redetermination. [Download]