Instructions on how to meet the exception to the drug felony bar on receipt of Food Stamps. Convictions for felony possession or personal use will not result in ineligibility, if the person verifies treatment or completion of, or being wait-listed by, a government-recognized drug treatment program (including “clean and sober” group living facilities) or other evidence that the illegal use of controlled substances has ceased. Includes self-certification when no other means exists. All new/existing food stamps households are to be given an opportunity to certify that they comply. No outreach, so tell your clients; otherwise it won’t come up for recipients until next re-cert. [Download]
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
Uncategorized
ACL 04-56 – Voluntary Reports of Income Exceeding 130% Percent of the Federal Poverty Level for Quarterly Reporting Non-assistance Food Stamp Households (December 23, 2004)
Now don’t shoot the messenger, but the feds have told the state that, oops, “it was not their intent to allow benefits to continue mid-quarter when a NAFS household, not previously receiving CalWORKs, voluntarily reports income above the gross income level.” So, kind FNS, just in time for Christmas, granted a waiver, and CWDs are now required to discontinue a NAFS household mid-quarter when the household voluntarily income above the gross income limit. (This is not a mandatory mid-quarter report for NAFS households.) [Download]
Errata to ACL 04-41 – SB 1104 CalWORKs New WTW Requirements (December 9, 2004)
Clarifies the implementation timelines and universal engagement requirements (when the 90 days to have a complaint-with-the-new rules WTW plan signed). The third clarification is about converting non-core hours to core hours. NOTE: There is disagreement about the conversion example, and CDSS is reviewing this matter for developing the regulations to implement SB 1104. [Download]
ACIN I-81-04 – January 2005 COLAs that Affect CAPI (December 6, 2004)
Although there will be no increase in the State-funded SSP amount in January, the federal SSI COLA kicks in on January 1, 2005. The increased CAPI Payment Standards, set out in the attached charts, become effective on January 1, 2005, and April 1, 2005 for SSI and the State COLA for SSP respectively. Just for fun, there is also information on the Presumed Maximum Value of in-kind support and maintenance, ineligible children and sponsor’s allocation, in deeming situations. And, just to make your head spin, the increase ain’t gonna happen for a CAPI/SSI/SSP couple if normal retrospective budgeting of the spouse’s SSI/SSP benefit is used to determine CAPI payment in the effective month of a COLA and the subsequent month. [Download]
CSS Letter 04-30: Set Aside of Paternity Judgment (12/15/04)
The Department of Child Support Services has issued CSS letter 04-30 which implements A.B. 252 regarding paternity disestablishment. The legislation and implementing instructions establish a two year time frame for a father to move for paternity disestablishment after the father knew or should have known of the paternity judgment if a genetic test shows that the person against whom judgment was entered is not the father. The legislation also establishes standards for when a court can order genetic tests to prove paternity in cases involving the Local Child Support Agency. [Download]
CSS Letter 04-27: Financial Institution Data Match and Bank Levy Program (12/1/04)
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]