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.)

The California Department of Social Services (CDSS) has issued instructions implementing AB 910 about Welfare-to-Work requirements for two parent households with one disabled parent and pregnant women only assistance units.

Effective July 1, 2018, two parent assistance units with one disabled parent that are on the 24 month time clock must participate an average of 20 hours per week with a child under age 6 and 30 hours per week without a child under age 6.

To meet federal standards either to stop the 24 month clock or after exhausting of the 24 month clock, two parent assistance units with one disabled parent must participate an average of 30 hours per week of which 20 hours must be core.

Pregnant Woman Only assistance units that are on the 24 month time clock must participate an average of 20 hours per week.  To meet federal standards either to stop the 24 month clock or after exhausting of the 24 month clock, Pregnant Woman Only assistance units must participate an average of 30 hours per week of which 20 hours must be core.  (ACL 18-84, July 5, 2018.)

The California Department of Social Services (CDSS) has issued instructions about overpayments of CalWORKs immediate need benefits.

Applicants are eligible for CalWORKs immediate need if they are apparently eligible for CalWORKs and have an emergency situation.  With limited exceptions, information does not need to be verified for immediate need eligibility.

An immediate need payment is only an overpayment if the applicant was not apparently eligible for CalWORKs when the immediate need payment was issued.  A finding by the county that the assistance unit is not eligible for CalWORKs after full evaluation of the case does not, by itself, mean that immediate need is an overpayment.

A change in circumstances between issuance of immediate need and full evaluation of the application does not make the immediate need payment an overpayment unless the applicant was not apparently eligible for CalWORKs when the immediate need payment was issued based on the circumstances at the time the immediate need payment was issued.  (ACL 18-26, June 6, 2018.)