AB 2062: CalWORKs: income or household composition reporting: benefit redetermination.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-29
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using a combination of federal, state, and county funds. Existing law requires the State Department of Social Services to establish an income reporting threshold for CalWORKs recipients, including CalWORKs assistance units that do not include an eligible adult, and requires a recipient to notify the county, within 10 days, if the recipients household income exceeds the reporting threshold. Existing law requires a CalWORKs assistance unit that does not include an eligible adult to also notify the county, within 10 days, of any change in the recipients household composition. Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipients grant amount should be reduced based on an increase in income or a change in household composition, the county is required to discontinue the recipient from CalWORKs or reduce the recipients grant, with timely and adequate notice, as specified. Existing law provides that current and future grants may be reduced because of prior overpayments.
This bill would prohibit the county from assessing an overpayment for the month following a change in income for a recipient of CalWORKs, or following a change in household composition for a CalWORKs assistance unit that does not include an eligible adult, if the recipient has reported the change and the county was unable, before the first of the month following the change in income or household composition, to provide 10 days notice of the termination or reduction in benefits. By increasing the administrative duties of counties, this bill would impose a state-mandated local program. The bill would require the State Department of Social Services to issue an all-county letter or similar instruction by July 1, 2017, and adopt regulations by July 1, 2018, as necessary to implement these provisions.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using a combination of federal, state, and county funds. Existing law requires the State Department of Social Services to establish an income reporting threshold for CalWORKs recipients, including CalWORKs assistance units that do not include an eligible adult, and requires a recipient to notify the county, within 10 days, if the recipients household income exceeds the reporting threshold. Existing law requires a CalWORKs assistance unit that does not include an eligible adult to also notify the county, within 10 days, of any change in the recipients household composition. Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipients grant amount should be reduced based on an increase in income or a change in household composition, the county is required to discontinue the recipient from CalWORKs or reduce the recipients grant, with timely and adequate notice, as specified. Existing law provides that current and future grants may be reduced because of prior overpayments.
This bill would prohibit the county from assessing an overpayment for the month following a change in income for a recipient of CalWORKs, or following a change in household composition for a CalWORKs assistance unit that does not include an eligible adult, if the recipient has reported the change and the county was unable, before the first of the month following the change in income or household composition, to provide 10 days notice of the termination or reduction in benefits. By increasing the administrative duties of counties, this bill would impose a state-mandated local program. The bill would require the State Department of Social Services to issue an all-county letter or similar instruction by July 1, 2017, and adopt regulations by July 1, 2018, as necessary to implement these provisions.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using a combination of federal, state, and county funds. Existing law requires the State Department of Social Services to establish an income reporting threshold for CalWORKs recipients, including CalWORKs assistance units that do not include an eligible adult, and requires a recipient to notify the county, within 10 days, if the recipients household income exceeds the reporting threshold. Existing law requires a CalWORKs assistance unit that does not include an eligible adult to also notify the county, within 10 days, of any change in the recipients household composition. Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipients grant amount should be reduced based on an increase in income or a change in household composition, the county is required to discontinue the recipient from CalWORKs or reduce the recipients grant, with timely and adequate notice, as specified. Existing law provides that current and future grants may be reduced because of prior overpayments.
This bill would prohibit the county from assessing an overpayment for the month following a change in income for a recipient of CalWORKs, or following a change in household composition for a CalWORKs assistance unit that does not include an eligible adult, if the recipient has reported the change and the county was unable, before the first of the month following the change in income or household composition, to provide 10 days notice of the termination or reduction in benefits. By increasing the administrative duties of counties, this bill would impose a state-mandated local program. The bill would require the State Department of Social Services to issue an all-county letter or similar instruction by July 1, 2017, and adopt regulations by July 1, 2018, as necessary to implement these provisions.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using a combination of federal, state, and county funds. Existing law requires the State Department of Social Services to establish an income reporting threshold for CalWORKs recipients, including CalWORKs assistance units that do not include an eligible adult, and requires a recipient to notify the county, within 10 days, if the recipients household income exceeds the reporting threshold. Existing law requires a CalWORKs assistance unit that does not include an eligible adult to also notify the county, within 10 days, of any change in the recipients household composition. Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipients grant amount should be reduced based on an increase in income, income or a change in household composition, the county is required to discontinue the recipient from CalWORKs or reduce the recipients grant, with timely and adequate notice, effective the following month. as specified. Existing law provides that current and future grants may be reduced because of prior overpayments.
This bill would, for recipients of CalWORKS and CalWORKs assistance units that do not include an eligible adult, would prohibit the county from assessing an overpayment for the month following a change in income for a recipient of CalWORKs, or following a change in household composition for a CalWORKs assistance unit that does not include an eligible adult, if the recipient has reported the change and the county was unable, before the first of the month following the change in income, income or household composition, to provide 10 days notice of the termination or reduction in benefits. By increasing the administrative duties of counties, this bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using a combination of federal, state, and county funds. Existing law requires the State Department of Social Services to establish an income reporting threshold for CalWORKs recipients, including CalWORKs assistance units that do not include an eligible adult, and requires a recipient to notify the county, within 10 days, if the recipients household income exceeds the reporting threshold. Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipients grant amount should be reduced based on an increase in income, the county is required to discontinue the recipient from CalWORKs or reduce the recipients grant, with timely and adequate notice, effective the following month. Existing law provides that current and future grants may be reduced because of prior overpayments.
This bill would would, for recipients of CalWORKS and CalWORKs assistance units that do not include an eligible adult, prohibit the county from assessing an overpayment for the month following a change in income if the recipient has reported the change and the county was unable, before the first of the month following the change in income, to provide 10-days 10 days notice of the termination or reduction in benefits. By increasing the administrative duties of counties, this bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using a combination of federal, state, and county funds. Existing law requires the State Department of Social Services to establish an income reporting threshold for CalWORKs recipients, and requires a recipient to notify the county, within 10 days, if the recipients household income exceeds the reporting threshold. Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipients grant amount should be reduced based on an increase in income, the county is required to discontinue the recipient from CalWORKs or reduce the recipients grant, with timely and adequate notice, effective the following month. Existing law provides that current and future grants may be reduced because of prior overpayments.
This bill would prohibit the county from assessing an overpayment for the month following a change in income if the recipient has reported the change and the county was unable, before the first of the month following the change in income, to provide 10-days notice of the termination or reduction in benefits. By increasing the administrative duties of counties, this bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(a)In addition to submitting the semiannual report form as required in Section 11265.1, the department shall establish an income reporting threshold for recipients of CalWORKs.
(b)The CalWORKs income reporting threshold shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for CalWORKs benefits.
(3)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(c)A recipient shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)The household address has changed. The act of failing to report an address change shall not, in and of itself, result in a reduction in aid or termination of benefits.
(3)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5.
(d)At least once per semiannual reporting period, counties shall inform each recipient of all of the following:
(1)The amount of the recipients income reporting threshold.
(2)The duty to report under this section.
(3)The consequences of failing to report.
(e)When a recipient reports income exceeding the reporting threshold, the county shall redetermine eligibility and the grant amount as follows:
(1)If the recipient reports the increase in income for the first through fifth months of a current semiannual reporting period, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the income was received.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, the county shall reduce the recipients grant amount for the remainder of the semiannual reporting period with timely and adequate notice, effective the first of the month following the month in which the income was received.
(C)If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the sixth month of a current semiannual reporting period, the county shall not redetermine eligibility for the current semiannual reporting period, but shall consider this income in redetermining eligibility and the grant amount for the following semiannual reporting period, as provided in Sections 11265.1 and 11265.2.
(f)Counties shall act upon changes in income voluntarily reported during the semiannual reporting period that result in an increase in benefits, only after verification specified by the department is received. Reported changes in income that increase the grants shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(g)(1)When a decrease in gross monthly income is voluntarily reported and verified, the county shall recalculate the grant for the current month and any remaining months in the semiannual reporting period pursuant to Sections 11265.1 and 11265.2 based on the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future months remaining in the semiannual reporting period.
(2)When the anticipated income is determined pursuant to paragraph (1), and a grant amount is calculated based upon the new income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the semiannual reporting period to the higher amount and shall issue any increased benefit amount as provided in subdivision (f).
(h)During the semiannual reporting period, a recipient may report to the county, orally or in writing, any changes in income and household circumstances that may increase the recipients grant. Except as provided in subdivision (i), counties shall act only upon changes in household composition voluntarily reported by the recipients during the semiannual reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first through fifth month of the semiannual reporting period and results in an increase in benefits, the county shall recalculate the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the sixth month of a semiannual reporting period, the county shall not redetermine the grant for the current semiannual reporting period, but shall redetermine the grant for the following reporting period as provided in Sections 11265.1 and 11265.2.
(i)During the semiannual reporting period, a recipient may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance.
(j)(1)This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.
(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 2.Section 11265.47 of the Welfare and Institutions Code is amended to read:11265.47.(a)The department shall establish an income reporting threshold for CalWORKs assistance units described in subdivision (a) of Section 11265.45.
(b)The income reporting threshold described in subdivision (a) shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(3)The amount likely to render the recipient ineligible for CalWORKs benefits.
(c)A recipient described in subdivision (a) of Section 11265.45 shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)Any change in household composition.
(3)The household address has changed.
(4)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition or probation or parole, as specified in Section 11486.5.
(d)When a recipient described in subdivision (a) of Section 11265.45 reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows:
(1)If the recipient reports an increase in income or household composition change for the first through 11th months of a year, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipients grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred.
(C)If a recipient has reported a change in income or household composition in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the 12th month of a grant year, the county shall verify this report and consider this income in redetermining eligibility and the grant amount for the following year.
(e)During the year, a recipient described in subdivision (a) of Section 11265.45 may report to the county, orally or in writing, any changes in income that may increase the recipients grant. Increases in the grant that result from reported changes in income shall be effective for the entire month in which the change is reported and any remaining months in the year. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(f)During the year, a recipient described in subdivision (a) of Section 11265.45 may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously shall issue a notice informing the recipient of the discontinuance.
(g)This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.
SEC. 3.(a)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall implement this act through an all-county letter or similar instruction issued by the Director of Social Services no later than July 1, 2017.
(b)The department shall adopt regulations necessary to implement this act no later than July 1, 2018.
SEC. 4.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)In addition to submitting the semiannual report form as required in Section 11265.1, the department shall establish an income reporting threshold for recipients of CalWORKs.
(b)The CalWORKs income reporting threshold shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for CalWORKs benefits.
(3)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(c)A recipient shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)The household address has changed. The act of failing to report an address change shall not, in and of itself, result in a reduction in aid or termination of benefits.
(3)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5.
(d)At least once per semiannual reporting period, counties shall inform each recipient of all of the following:
(1)The amount of the recipients income reporting threshold.
(2)The duty to report under this section.
(3)The consequences of failing to report.
(e)When a recipient reports income exceeding the reporting threshold, the county shall redetermine eligibility and the grant amount as follows:
(1)If the recipient reports the increase in income for the first through fifth months of a current semiannual reporting period, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the income was received.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, the county shall reduce the recipients grant amount for the remainder of the semiannual reporting period with timely and adequate notice, effective the first of the month following the month in which the income was received.
(C)If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the sixth month of a current semiannual reporting period, the county shall not redetermine eligibility for the current semiannual reporting period, but shall consider this income in redetermining eligibility and the grant amount for the following semiannual reporting period, as provided in Sections 11265.1 and 11265.2.
(f)Counties shall act upon changes in income voluntarily reported during the semiannual reporting period that result in an increase in benefits, only after verification specified by the department is received. Reported changes in income that increase the grants shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(g)(1)When a decrease in gross monthly income is voluntarily reported and verified, the county shall recalculate the grant for the current month and any remaining months in the semiannual reporting period pursuant to Sections 11265.1 and 11265.2 based on the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future months remaining in the semiannual reporting period.
(2)When the anticipated income is determined pursuant to paragraph (1), and a grant amount is calculated based upon the new income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the semiannual reporting period to the higher amount and shall issue any increased benefit amount as provided in subdivision (f).
(h)During the semiannual reporting period, a recipient may report to the county, orally or in writing, any changes in income and household circumstances that may increase the recipients grant. Except as provided in subdivision (i), counties shall act only upon changes in household composition voluntarily reported by the recipients during the semiannual reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first through fifth month of the semiannual reporting period and results in an increase in benefits, the county shall recalculate the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the sixth month of a semiannual reporting period, the county shall not redetermine the grant for the current semiannual reporting period, but shall redetermine the grant for the following reporting period as provided in Sections 11265.1 and 11265.2.
(i)During the semiannual reporting period, a recipient may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance.
(j)(1)This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.
(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 2.Section 11265.47 of the Welfare and Institutions Code is amended to read:11265.47.(a)The department shall establish an income reporting threshold for CalWORKs assistance units described in subdivision (a) of Section 11265.45.
(b)The income reporting threshold described in subdivision (a) shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(3)The amount likely to render the recipient ineligible for CalWORKs benefits.
(c)A recipient described in subdivision (a) of Section 11265.45 shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)Any change in household composition.
(3)The household address has changed.
(4)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition or probation or parole, as specified in Section 11486.5.
(d)When a recipient described in subdivision (a) of Section 11265.45 reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows:
(1)If the recipient reports an increase in income or household composition change for the first through 11th months of a year, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipients grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred.
(C)If a recipient has reported a change in income or household composition in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the 12th month of a grant year, the county shall verify this report and consider this income in redetermining eligibility and the grant amount for the following year.
(e)During the year, a recipient described in subdivision (a) of Section 11265.45 may report to the county, orally or in writing, any changes in income that may increase the recipients grant. Increases in the grant that result from reported changes in income shall be effective for the entire month in which the change is reported and any remaining months in the year. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(f)During the year, a recipient described in subdivision (a) of Section 11265.45 may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously shall issue a notice informing the recipient of the discontinuance.
(g)This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.
SEC. 3.(a)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall implement this act through an all-county letter or similar instruction issued by the Director of Social Services no later than July 1, 2017.
(b)The department shall adopt regulations necessary to implement this act no later than July 1, 2018.
SEC. 4.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)In addition to submitting the semiannual report form as required in Section 11265.1, the department shall establish an income reporting threshold for recipients of CalWORKs.
(b)The CalWORKs income reporting threshold shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for CalWORKs benefits.
(3)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(c)A recipient shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)The household address has changed. The act of failing to report an address change shall not, in and of itself, result in a reduction in aid or termination of benefits.
(3)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5.
(d)At least once per semiannual reporting period, counties shall inform each recipient of all of the following:
(1)The amount of the recipients income reporting threshold.
(2)The duty to report under this section.
(3)The consequences of failing to report.
(e)When a recipient reports income exceeding the reporting threshold, the county shall redetermine eligibility and the grant amount as follows:
(1)If the recipient reports the increase in income for the first through fifth months of a current semiannual reporting period, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the income was received.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, the county shall reduce the recipients grant amount for the remainder of the semiannual reporting period with timely and adequate notice, effective the first of the month following the month in which the income was received.
(C)If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the sixth month of a current semiannual reporting period, the county shall not redetermine eligibility for the current semiannual reporting period, but shall consider this income in redetermining eligibility and the grant amount for the following semiannual reporting period, as provided in Sections 11265.1 and 11265.2.
(f)Counties shall act upon changes in income voluntarily reported during the semiannual reporting period that result in an increase in benefits, only after verification specified by the department is received. Reported changes in income that increase the grants shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(g)(1)When a decrease in gross monthly income is voluntarily reported and verified, the county shall recalculate the grant for the current month and any remaining months in the semiannual reporting period pursuant to Sections 11265.1 and 11265.2 based on the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future months remaining in the semiannual reporting period.
(2)When the anticipated income is determined pursuant to paragraph (1), and a grant amount is calculated based upon the new income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the semiannual reporting period to the higher amount and shall issue any increased benefit amount as provided in subdivision (f).
(h)During the semiannual reporting period, a recipient may report to the county, orally or in writing, any changes in income and household circumstances that may increase the recipients grant. Except as provided in subdivision (i), counties shall act only upon changes in household composition voluntarily reported by the recipients during the semiannual reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first through fifth month of the semiannual reporting period and results in an increase in benefits, the county shall recalculate the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the sixth month of a semiannual reporting period, the county shall not redetermine the grant for the current semiannual reporting period, but shall redetermine the grant for the following reporting period as provided in Sections 11265.1 and 11265.2.
(i)During the semiannual reporting period, a recipient may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance.
(j)(1)This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.
(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 2.Section 11265.47 of the Welfare and Institutions Code is amended to read:11265.47.(a)The department shall establish an income reporting threshold for CalWORKs assistance units described in subdivision (a) of Section 11265.45.
(b)The income reporting threshold described in subdivision (a) shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(3)The amount likely to render the recipient ineligible for CalWORKs benefits.
(c)A recipient described in subdivision (a) of Section 11265.45 shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)Any change in household composition.
(3)The household address has changed.
(4)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition or probation or parole, as specified in Section 11486.5.
(d)When a recipient described in subdivision (a) of Section 11265.45 reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows:
(1)If the recipient reports an increase in income or household composition change for the first through 11th months of a year, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipients grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred.
(C)If a recipient has reported a change in income or household composition in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the 12th month of a grant year, the county shall verify this report and consider this income in redetermining eligibility and the grant amount for the following year.
(e)During the year, a recipient described in subdivision (a) of Section 11265.45 may report to the county, orally or in writing, any changes in income that may increase the recipients grant. Increases in the grant that result from reported changes in income shall be effective for the entire month in which the change is reported and any remaining months in the year. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(f)During the year, a recipient described in subdivision (a) of Section 11265.45 may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously shall issue a notice informing the recipient of the discontinuance.
(g)This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.
SEC. 3.(a)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services shall implement this act through an all-county letter or similar instruction issued by the Director of Social Services no later than July 1, 2017.
(b)The department shall adopt regulations necessary to implement this act no later than July 1, 2018.
SEC. 3.SEC. 4.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 4.SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)In addition to submitting the semiannual report form as required in Section 11265.1, the department shall establish an income reporting threshold for recipients of CalWORKs.
(b)The CalWORKs income reporting threshold shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for CalWORKs benefits.
(3)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(c)A recipient shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)The household address has changed. The act of failing to report an address change shall not, in and of itself, result in a reduction in aid or termination of benefits.
(3)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5.
(d)At least once per semiannual reporting period, counties shall inform each recipient of all of the following:
(1)The amount of the recipients income reporting threshold.
(2)The duty to report under this section.
(3)The consequences of failing to report.
(e)When a recipient reports income exceeding the reporting threshold, the county shall redetermine eligibility and the grant amount as follows:
(1)If the recipient reports the increase in income for the first through fifth months of a current semiannual reporting period, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the income was received.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, the county shall reduce the recipients grant amount for the remainder of the semiannual reporting period with timely and adequate notice, effective the first of the month following the month in which the income was received.
(C)If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the sixth month of a current semiannual reporting period, the county shall not redetermine eligibility for the current semiannual reporting period, but shall consider this income in redetermining eligibility and the grant amount for the following semiannual reporting period, as provided in Sections 11265.1 and 11265.2.
(f)Counties shall act upon changes in income voluntarily reported during the semiannual reporting period that result in an increase in benefits, only after verification specified by the department is received. Reported changes in income that increase the grants shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(g)(1)When a decrease in gross monthly income is voluntarily reported and verified, the county shall recalculate the grant for the current month and any remaining months in the semiannual reporting period pursuant to Sections 11265.1 and 11265.2 based on the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future months remaining in the semiannual reporting period.
(2)When the anticipated income is determined pursuant to paragraph (1), and a grant amount is calculated based upon the new income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the semiannual reporting period to the higher amount and shall issue any increased benefit amount as provided in subdivision (f).
(h)During the semiannual reporting period, a recipient may report to the county, orally or in writing, any changes in income and household circumstances that may increase the recipients grant. Except as provided in subdivision (i), counties shall act only upon changes in household composition voluntarily reported by the recipients during the semiannual reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first through fifth month of the semiannual reporting period and results in an increase in benefits, the county shall recalculate the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the sixth month of a semiannual reporting period, the county shall not redetermine the grant for the current semiannual reporting period, but shall redetermine the grant for the following reporting period as provided in Sections 11265.1 and 11265.2.
(i)During the semiannual reporting period, a recipient may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance.
(j)(1)This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.
(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SEC. 2.Section 11265.47 of the Welfare and Institutions Code is amended to read:11265.47.(a)The department shall establish an income reporting threshold for CalWORKs assistance units described in subdivision (a) of Section 11265.45.
(b)The income reporting threshold described in subdivision (a) shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(3)The amount likely to render the recipient ineligible for CalWORKs benefits.
(c)A recipient described in subdivision (a) of Section 11265.45 shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)Any change in household composition.
(3)The household address has changed.
(4)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition or probation or parole, as specified in Section 11486.5.
(d)When a recipient described in subdivision (a) of Section 11265.45 reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows:
(1)If the recipient reports an increase in income or household composition change for the first through 11th months of a year, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipients grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred.
(C)If a recipient has reported a change in income or household composition in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10-days 10 days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the 12th month of a grant year, the county shall verify this report and consider this income in redetermining eligibility and the grant amount for the following year.
(e)During the year, a recipient described in subdivision (a) of Section 11265.45 may report to the county, orally or in writing, any changes in income that may increase the recipients grant. Increases in the grant that result from reported changes in income shall be effective for the entire month in which the change is reported and any remaining months in the year. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(f)During the year, a recipient described in subdivision (a) of Section 11265.45 may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously shall issue a notice informing the recipient of the discontinuance.
(g)This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.
SEC. 3.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)In addition to submitting the semiannual report form as required in Section 11265.1, the department shall establish an income reporting threshold for recipients of CalWORKs.
(b)The CalWORKs income reporting threshold shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for CalWORKs benefits.
(3)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(c)A recipient shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)The household address has changed. The act of failing to report an address change shall not, in and of itself, result in a reduction in aid or termination of benefits.
(3)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition of probation or parole, as specified in Section 11486.5.
(d)At least once per semiannual reporting period, counties shall inform each recipient of all of the following:
(1)The amount of the recipients income reporting threshold.
(2)The duty to report under this section.
(3)The consequences of failing to report.
(e)When a recipient reports income exceeding the reporting threshold, the county shall redetermine eligibility and the grant amount as follows:
(1)If the recipient reports the increase in income for the first through fifth months of a current semiannual reporting period, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the income was received.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, the county shall reduce the recipients grant amount for the remainder of the semiannual reporting period with timely and adequate notice, effective the first of the month following the month in which the income was received.
(C)If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10 days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the sixth month of a current semiannual reporting period, the county shall not redetermine eligibility for the current semiannual reporting period, but shall consider this income in redetermining eligibility and the grant amount for the following semiannual reporting period, as provided in Sections 11265.1 and 11265.2.
(f)Counties shall act upon changes in income voluntarily reported during the semiannual reporting period that result in an increase in benefits, only after verification specified by the department is received. Reported changes in income that increase the grants shall be effective for the entire month in which the change is reported. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(g)(1)When a decrease in gross monthly income is voluntarily reported and verified, the county shall recalculate the grant for the current month and any remaining months in the semiannual reporting period pursuant to Sections 11265.1 and 11265.2 based on the actual gross monthly income reported and verified from the voluntary report for the current month and the gross monthly income that is reasonably anticipated for any future months remaining in the semiannual reporting period.
(2)When the anticipated income is determined pursuant to paragraph (1), and a grant amount is calculated based upon the new income, if the grant amount is higher than the grant currently in effect, the county shall revise the grant for the current month and any remaining months in the semiannual reporting period to the higher amount and shall issue any increased benefit amount as provided in subdivision (f).
(h)During the semiannual reporting period, a recipient may report to the county, orally or in writing, any changes in income and household circumstances that may increase the recipients grant. Except as provided in subdivision (i), counties shall act only upon changes in household composition voluntarily reported by the recipients during the semiannual reporting period that result in an increase in benefits, after verification specified by the department is received. If the reported change in household composition is for the first through fifth month of the semiannual reporting period and results in an increase in benefits, the county shall recalculate the grant effective for the month following the month in which the change was reported. If the reported change in household composition is for the sixth month of a semiannual reporting period, the county shall not redetermine the grant for the current semiannual reporting period, but shall redetermine the grant for the following reporting period as provided in Sections 11265.1 and 11265.2.
(i)During the semiannual reporting period, a recipient may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously issue a notice informing the recipient of the discontinuance.
(j)(1)This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.
(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.
SECTION 1.SEC. 2.Section 11265.47 of the Welfare and Institutions Code is amended to read:11265.47.(a)The department shall establish an income reporting threshold for CalWORKs assistance units described in subdivision (a) of Section 11265.45.
(b)The income reporting threshold described in subdivision (a) shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(3)The amount likely to render the recipient ineligible for CalWORKs benefits.
(c)A recipient described in subdivision (a) of Section 11265.45 shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)Any change in household composition.
(3)The household address has changed.
(4)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition or probation or parole, as specified in Section 11486.5.
(d)When a recipient described in subdivision (a) of Section 11265.45 reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows:
(1)If the recipient reports an increase in income or household composition change for the first through 11th months of a year, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipients grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred.
(C)If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10-days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the 12th month of a grant year, the county shall verify this report and consider this income in redetermining eligibility and the grant amount for the following year.
(e)During the year, a recipient described in subdivision (a) of Section 11265.45 may report to the county, orally or in writing, any changes in income that may increase the recipients grant. Increases in the grant that result from reported changes in income shall be effective for the entire month in which the change is reported and any remaining months in the year. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(f)During the year, a recipient described in subdivision (a) of Section 11265.45 may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously shall issue a notice informing the recipient of the discontinuance.
(g)This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.
SEC. 2.SEC. 3.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 3.SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The department shall establish an income reporting threshold for CalWORKs assistance units described in subdivision (a) of Section 11265.45.
(b)The income reporting threshold described in subdivision (a) shall be the lesser of the following:
(1)Fifty-five percent of the monthly income for a family of three at the federal poverty level, plus the amount of income last used to calculate the recipients monthly benefits.
(2)The amount likely to render the recipient ineligible for federal Supplemental Nutrition Assistance Program benefits.
(3)The amount likely to render the recipient ineligible for CalWORKs benefits.
(c)A recipient described in subdivision (a) of Section 11265.45 shall report to the county, orally or in writing, within 10 days, when any of the following occurs:
(1)The monthly household income exceeds the threshold established pursuant to this section.
(2)Any change in household composition.
(3)The household address has changed.
(4)An incidence of an individual fleeing prosecution or custody or confinement, or violating a condition or probation or parole, as specified in Section 11486.5.
(d)When a recipient described in subdivision (a) of Section 11265.45 reports income or a household composition change pursuant to subdivision (c), the county shall redetermine eligibility and grant amounts as follows:
(1)If the recipient reports an increase in income or household composition change for the first through 11th months of a year, the county shall verify the report and determine the recipients financial eligibility and grant amount.
(A)If the recipient is determined to be financially ineligible based on the increase in income or household composition change, the county shall discontinue the recipient with timely and adequate notice, effective at the end of the month in which the change occurred.
(B)If it is determined that the recipients grant amount should decrease based on the increase in income, or increase or decrease based on a change in household composition, the county shall increase or reduce the recipients grant amount for the remainder of the year with timely and adequate notice, effective the first of the month following the month in which the change occurred.
(C)If a recipient has reported a change in income in accordance with subdivision (c), an overpayment shall not be assessed for the following month if the county was unable to provide 10-days notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred.
(2)If the recipient reports an increase in income for the 12th month of a grant year, the county shall verify this report and consider this income in redetermining eligibility and the grant amount for the following year.
(e)During the year, a recipient described in subdivision (a) of Section 11265.45 may report to the county, orally or in writing, any changes in income that may increase the recipients grant. Increases in the grant that result from reported changes in income shall be effective for the entire month in which the change is reported and any remaining months in the year. If the reported change in income results in an increase in benefits, the county shall issue the increased benefit amount within 10 days of receiving required verification.
(f)During the year, a recipient described in subdivision (a) of Section 11265.45 may request that the county discontinue the recipients entire assistance unit or any individual member of the assistance unit who is no longer in the home or is an optional member of the assistance unit. If the recipients request is verbal, the county shall provide a 10-day notice before discontinuing benefits. If the recipients request is in writing, the county shall discontinue benefits effective the end of the month in which the request is made, and simultaneously shall issue a notice informing the recipient of the discontinuance.
(g)This section shall become operative on the first day of the first month following 90 days after the effective date of the act that added this section, or October 1, 2012, whichever is later.
SEC. 2.No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Jun 9, 2016 | Referred to Com. on HUMAN S. |
| Sep 2, 2016 | Enrolled and presented to the Governor at 12 p.m. |
| Aug 25, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6291.). |
| Aug 25, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 23, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77. |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5252.). |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 18, 2016 | Read second time. Ordered to third reading. |
| Aug 17, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 15, 2016 | Read second time. Ordered to third reading. |
| Aug 11, 2016 | From committee: Do pass. (Ayes 7. Noes 0.) (August 11). |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Jun 15, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 14). Re-referred to Com. on APPR. |
| Feb 17, 2016 | Read first time. To print. |
| May 27, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 67. Noes 0. Page 4959.) |
| May 27, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 27, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 19, 2016 | Read second time. Ordered to Consent Calendar. |
| May 18, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 18). |
| Apr 21, 2016 | Re-referred to Com. on APPR. |
| Apr 20, 2016 | Read second time and amended. |
| Apr 19, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 12). |
| Apr 5, 2016 | Re-referred to Com. on HUM. S. |
| Apr 4, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Feb 29, 2016 | Referred to Com. on HUM. S. |
| Feb 18, 2016 | From printer. May be heard in committee March 19. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 25, 2016 | AB 2062 LOPEZ Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 22, 2016 | Assembly 3rd Reading AB2062 Lopez By McGuire | Senate Floor |
Passed |
|
| Aug 11, 2016 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 14, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| May 27, 2016 | AB 2062 LOPEZ Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 18, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2016 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Board of Supervisors | ** Support | Aug 22, 2016 |
| Area Community Services | ** Support | Aug 22, 2016 |
| Bay Area Community Services | ** Support | Aug 22, 2016 |
| California Food Policy Advocates | ** Support | Aug 22, 2016 |
| Courage Campaign | ** Support | Aug 22, 2016 |
| Department Of Finance | ** Against | Aug 22, 2016 |
| Law Foundation of Silicon Valley | ** Support | Aug 22, 2016 |
| Placer People of Faith Together | ** Support | Aug 22, 2016 |
| San Francisco City, Supervisor Katy Tang | ** Support | Aug 22, 2016 |
| Western Center On Law And Poverty Inc. | ** Support | Aug 22, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2062
Author:(Lopez)
As Amended Ver:August 17, 2016
Majority vote
ASSEMBLY: | 67-0 | (May 27, 2016) | SENATE: | 39-0 | (August 22, 2016) |
Original Committee Reference: HUM. S.
SUMMARY: Prohibits the assessment of a California Work Opportunity and Responsibility to Kids (CalWORKs) overpayment in the month immediately following a reported change if 10-days' notice of change in benefits has not been provided prior to the beginning of that month.
The Senate amendments direct the Department of Social Services (DSS) to implement the provisions of this bill through an all-county letter or similar instruction by July 1, 2017, as specified, and further, require DSS to adopt regulations necessary to implement the provisions of this bill by July 1, 2018.
EXISTING LAW:
- Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 United States Code Section (U.S.C.) 601 et seq., Welfare and Institutions Code Section (WIC) 11200 et seq.)
- Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
- Provides the formula for determining CalWORKs income thresholds and establishes income-reporting requirements for recipients. (WIC 11265.3 and 11265.47)
FISCAL EFFECT: According to the Senate Appropriations Committee on August 1, 2016, this bill may result in the following:
- Ongoing costs, likely less than $100,000 each year, to absorb any overpayments. (General Fund)
- Unknown, but likely minor costs to DSS for automation changes. (General Fund)
COMMENTS:
CalWORKs: The CalWORKs program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the TANF block grant. The average 2016-17 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $497.35, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is $704. According to recent data from the California Department of Social Services, around 497,000 families rely on CalWORKs, including over one million children. Nearly 60% of cases include children under 6 years old.
Maximum grant amounts in high-cost counties of $704 per month for a family of three, with no other income, means $23.46 per day, per family, or $7.82 per family member, per day to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families. This grant amount puts the annual household income at $8,448 per year, or 42% of poverty. Federal Poverty Guidelines for 2016 show that 100% of poverty for a family of three is $20,160 per year.
CalWORKs Income Reporting Threshold: Typically, any changes in a CalWORKs recipient's income are only reported during a semi-annual or annual (for Child Only cases) report. However, if a recipient's income surpasses the Income Reporting Threshold (IRT), then a mid-period report is mandatory. When a recipient's income exceeds the IRT, he or she must report this change to the county within 10 days. If the IRT is exceeded towards the end of the month, an overpayment in the following month can result, which the recipient will need to repay.
Need for this bill: According to the author, "CalWORKs is designed to ensure that families can find employment and are capable of supporting their family. With much difficulty, working parents have many expenses pertinent to work that need attention, such as, child care and transportation. Receiving a letter from the county informing the family that an overpayment was acquired due to their change in income should be one less stress they need to endure. In cases like this, the county was unable to provide the sufficient 10-day notice of this modification in benefits. This bill would streamline the process and align the procedures welfare case workers currently follow for CalFresh recipients when it comes to overpayment and make it applicable to the CalWORKs program."
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0004566
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2062
:
SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/14/16
AYES: McGuire, Hancock, Liu, Nguyen
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 67-0, 5/27/16 (Consent) - See last page for vote
SOURCE: Coalition of California Welfare Rights Organizations, Inc.
DIGEST: This bill prohibits the assessment of a California Work Opportunity and Responsibility to Kids (CalWORKs) overpayment in the month immediately following a reported change if the CalWORKs recipient has not been provided a 10-day notice of the change in benefits prior to the beginning of that month.
Existing law:
- Establishes the federal Temporary Assistance for Needy Families (TANF) program, which permits states to implement the program under a state plan. (42 USC § 601 et seq.)
- Establishes in state law the CalWORKs program to provide cash assistance and other social services for low-income families through the federal TANF program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (WIC 10530)
- Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40 percent of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
- Requires counties to redetermine CalWORKs eligibility annually, and permits counties to redetermine eligibility at other intervals as may be deemed necessary. Requires CalWORKs recipients to complete a certificate of eligibility that contains a written declaration of the information submitted, as specified. (WIC 11265)
- Establishes the criteria for an income reporting threshold for CalWORKs recipients and requires CalWORKs recipients to report to the county, orally or in writing, within 10 days, when the monthly household income exceeds the threshold, the address has changed, or if an individual is fleeing law enforcement or in violation of parole or probation, as specified. (WIC 11265.3)
- Exempts a CalWORKs assistance unit that does not include an eligible adult from periodic reporting requirements other than the required annual redetermination. (WIC 11265.45)
- Establishes the criteria for the income reporting threshold for CalWORKs assistance units that do not include an eligible adult. Also requires CalWORKs recipients within assistance units that do not include an eligible adult to report to the county, orally or in writing, within 10 days, when the monthly household income exceeds the threshold, any change in household composition, the household address has changed, or if an individual is fleeing law enforcement or in violation of parole or probation, as specified. Establishes an income reporting threshold for CalWORKs assistance units that do not include an eligible adult. (WIC 11265.47)
This bill:
- Prohibits the assessment of an overpayment to a CalWORKs recipient who is found to be no longer eligible for CalWORKs or to be eligible for a reduced grant amount due to a reported change in income or household composition if the county was unable to provide 10-days’ notice of termination or reduction in benefits before the first of the following month.
- Provides that no appropriation shall be made for purposes of implementing the bill, as specified.
Background
According to the Public Policy Institute of California, 21 percent of Californians and 23.9 percent of California’s children were living in poverty in 2013. During and after the Great Recession, California saw growing rates of childhood deep poverty – those living below 50 percent of the federal poverty line. One of California’s most essential anti-poverty strategies is the CalWORKs program, which provides cash assistance to approximately 540,000 families – including more than one million children, according to 2014 federal data.
CalWORKs implements the federal TANF program in California. In addition to temporary cash assistance to meet basic family needs, CalWORKs provides education, employment and training programs. The California Department of Social Services (CDSS) is the designated state agency responsible for program supervision at the state level. The counties are responsible for administering the caseloads at the local level. The CalWORKs program is funded with a mix of federal, state, and county funds.
State law provides for a cumulative 48-month lifetime limit on cash aid for adults. During those 48 months, adults may receive a total of 24 months of Welfare-to-Work (WTW) services and activities. WTW activities include subsidized and unsubsidized employment, community service, adult basic education, job skills, training, mental health counseling, substance abuse treatment and other activities necessary to assist recipients in obtaining employment. Once the 24 months of WTW activities have been exhausted, adults must meet the stricter federal work participation requirements (20, 30, or 35 hours weekly, depending on family composition), as specified. Children of adults who exhaust the 48-month lifetime limit may continue to receive cash aid, if otherwise eligible, up to age 18.
Typically, changes in a CalWORKs recipient’s income are only reported during the semi-annual or annual (for child only cases) report. However, if a recipient’s income surpasses the established income-reporting threshold, the recipient must report the new income amount to the county within 10 days. Overpayments are sometimes issued when the recipient notifies the county that the income reporting threshold was exceeded towards the end of the month. When this occurs, the recipient is required to repay the overpayment.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, this bill generates ongoing costs, of likely less than $100,000 each year (GF), to absorb any overpayments and unknown, but likely minor costs to CDSS for automation changes. (GF)
Coalition of California Welfare Rights Organizations Inc. (source)
Alameda County Board of Supervisors
Bay Area Community Services
California Food Policy Advocates
Courage Campaign
Placer People of Faith Together
The Law Foundation of Silicon Valley
Western Center on Law and Poverty
OPPOSITION: (Verified 8/12/16)
Department of Finance
ARGUMENTS IN SUPPORT: According to the author, the main goal of CalWORKs is to help members of a family find employment and be able to support their family. The purpose of services like this is to create an environment where recipients are allowed the opportunity to become self-sufficient and should not be penalized for improving their current conditions. The author states, as recipients move through the CalWORKs program they can experience changes in income, which trigger the county to either terminate or reduce benefits. However, in some cases recipients’ benefits are reduced or terminated without 10-days’ notice from the county, resulting in an overpayment of benefits. This burden of paying back without sufficient time can lead to unnecessary economic stress to the family, according to the author.
ARGUMENTS IN OPPOSITION: The Department of Finance (DOF) states, “Although only a small portion of CalWORKs cases are assessed overpayments in any given month, prohibiting counties from recouping a month’s worth of overpayments would result in a minor increase in grant costs.”
DOF opposes this bill for the following reasons:
- This bill results in net General Fund costs to eliminate the assessment of CalWORKs overpayments under certain conditions.
- This bill results in disparity by creating different outcomes for CalWORKs recipients depending on what point in the month they experience and report a change in income.
ASSEMBLY FLOOR: 67-0, 5/27/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bonilla, Bonta, Burke, Calderon, Campos, Chang, Chau, Chávez, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Bloom, Brough, Brown, Chiu, Dodd, Eduardo Garcia, Grove, Hadley, Jones-Sawyer, Low, Melendez, O'Donnell, Ting
8/15/16 20:17:27
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2062 (Lopez) - CalWORKs: income or household composition reporting: benefit redetermination
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2062 would prohibit the assessment of a California Work Opportunity and Responsibility to Kids (CalWORKs) overpayment in the month immediately following a reported change in income if the recipient has not been provided a 10-day notice of the change in benefits prior to the beginning of that month.
Fiscal Impact:
- Ongoing costs, likely less than $100,000 each year, to absorb any overpayments. (GF)
- Unknown, but likely minor costs to DSS for automation changes. (GF)
Background:
The CalWORKS program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKS comes from the Temporary Assistance for Needy Families (TANF) block grant. The average monthly cash grant for a family of three (one parent and two children) on CalWORKS is $497 to meet basic needs such as rent, clothing, utility bills, food, and other items. This grant amount puts the average annual household income of a family on CalWORKS at $5,964 per year, which is 30% of the federal poverty level (Federal Poverty Guidelines for 2015 report that 100% of poverty for a family of three is $20,090 per year). According to DSS, nearly 497,000 families will rely on CalWORKS in FY 2016-17, including over one million children.
Typically, changes in a CalWORKs recipient’s income are reported during the semi-annual or annual report. As recipients move through the CalWORKs program, they can experience changes in income which surpass the established income threshold. If the recipient’s income surpasses the threshold, the recipient must report the new income to the county within 10 days, which triggers the county to either terminate or reduce benefits.
According to the author, in some cases (for instance, when the threshold is exceeded toward the end of the month) recipients’ benefits are reduced or terminated without 10 days’ notice from the county, resulting in an overpayment of benefits. This bill would state that a recipient shall not be charged an overpayment or experience a reduction in benefits for the following month if the county did not provide a 10 days’ notice.
Proposed Law:
This bill would prohibit assessment of an overpayment for the following month if a CalWORKs recipient has reported a change in income and the county was unable to provide 10 days’ notice of the termination or reduction in benefits before the first of the month following the month in which the change occurred. This bill would also provide that no appropriation be made for purposes of implementing this bill, as specified.
Staff Comments:
While exact data for the dollar adjustment or number of cases that would be impacted is not available, DSS indicates that the number of cases that result in overpayment is very low.
-- END --
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 2062
Author: | Lopez | ||
Version: | April 20, 2016 | Hearing Date: | June 14, 2016 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Taryn Smith | ||
Subject: CalWORKs: income or household composition reporting: benefit redetermination
SUMMARY
This bill prohibits the assessment of a California Work Opportunity and Responsibility to Kids (CalWORKs) overpayment in the month immediately following a reported change if the CalWORKs recipient has not been provided a 10-day notice of the change in benefits prior to the beginning of that month.
ABSTRACT
Existing law:
- Establishes the federal Temporary Assistance for Needy Families (TANF) program, which permits states to implement the program under a state plan. (42 USC § 601 et seq.)
- Establishes in state law the CalWORKs program to provide cash assistance and other social services for low-income families through the federal TANF program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (WIC 10530)
- Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
- Requires counties to redetermine CalWORKs eligibility annually, and permits counties to redetermine eligibility at other intervals as may be deemed necessary. Requires CalWORKs recipients to complete a certificate of eligibility that contains a written declaration of the information submitted, as specified. (WIC 11265)
- Establishes the criteria for income reporting threshold for CalWORKs recipients and requires CalWORKs recipients to report to the county, orally or in writing, within 10 days, when the monthly household income exceeds the threshold, the address has changed, or if an individual is fleeing law enforcement or in violation of parole or probation, as specified. (WIC 11265.3)
- Exempts a CalWORKs assistance unit that does not include an eligible adult from periodic reporting requirements other than the required annual redetermination. (WIC 11265.45)
- Establishes the criteria for the income reporting threshold for CalWORKs assistance units that do not include an eligible adult. Also requires CalWORKs recipients within assistance units that do not include an eligible adult to report to the county, orally or in writing, within 10 days, when the monthly household income exceeds the threshold, any change in household composition, the household address has changed, or if an individual is fleeing law enforcement or in violation of parole or probation, as specified. Establishes an income reporting threshold for CalWORKs assistance units that do not include an eligible adult. (WIC 11265.47)
This bill:
- Prohibits the assessment of an overpayment to a CalWORKs recipient who is found to be no longer eligible for CalWORKs or to be eligible for a reduced grant amount due to a reported change in income or household composition if the county was unable to provide 10-days’ notice of termination or reduction in benefits before the first of the following month.
- Provides that no appropriation shall be made for purposes of implementing the bill, as specified.
FISCAL IMPACT
According to an analysis prepared by the Assembly Appropriations Committee, it would cost less than $100,000 in General Fund to absorb any overpayments.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, the main goal of CalWORKs is to help members of a family find employment and be able to support their family. The purpose of services like this is to create an environment where recipients are allowed the opportunity to become self-sufficient and should not be penalized for improving their current conditions. The author states, as recipients move through the CalWORKs program they can experience changes in income, which trigger the county to either terminate or reduce benefits. However, in some cases recipients’ benefits are reduced or terminated without 10 days’ notice from the county, resulting in an overpayment of benefits. This burden of paying back without sufficient time can lead to unnecessary economic stress to the family, according to the author.
This bill would state that a recipient shall not be charged an overpayment or experience a reduction in benefits for the following month if the county was unable to provide 10 days’ notice of termination or reduction of benefits before the first of the following month. However, in the following months thereafter the recipient will either have benefits terminated or reduced accordingly to their Income Reporting Threshold level. While exact data is not available, the counties and CDSS have both indicated that the number of cases that result in overpayment due to end of month notification that recipients have exceeded their IRT is very low.
CalWORKs
According to California Public Policy Institute, 21% of Californians were living in poverty and 23.9% of California’s children were living in poverty in 2013. During and after the Great Recession, California saw growing rates of childhood deep poverty – those living below 50 percent of the federal poverty line. One of California’s most essential anti-poverty strategies is the CalWORKs program, which provides cash assistance to approximately 540,000 families – including more than 1 million children, according to 2014 federal data.
CalWORKs implements the federal TANF program in California. In addition to temporary cash assistance to meet basic family needs, CalWORKs provides education, employment and training programs. CDSS is the designated state agency responsible for program supervision at the state level. The counties are responsible for administering the caseloads at the local level. The CalWORKs program is funded with a mix of federal, state, and county funds.
State law provides for a cumulative 48-month lifetime limit on cash aid for adults. During those 48 months, adults may receive a total of 24 months of Welfare-to-Work (WTW) services and activities. WTW activities include subsidized and unsubsidized employment, community service, adult basic education, job skills, training, mental health counseling, substance abuse treatment and other activities necessary to assist recipients in obtaining employment. Once the 24 months of WTW activities have been exhausted, adults must meet the stricter federal work participation requirements (20, 30, or 35 hours weekly, depending on family composition) as specified. Children of adults who exhaust the 48-month lifetime limit may continue to receive cash aid, if otherwise eligible, up to age 18.
Typically, changes in a CalWORKs recipient’s income are only reported during the semi-annual or annual (for child only cases) report. However, if a recipient’s income surpasses the established income reporting threshold, the recipient must report the new income amount to the county within 10 days. Overpayments are sometimes issued when the recipient notifies the county that the income reporting threshold was exceeded towards the end of the month. When this occurs, the recipient is required to repay the overpayment.
Related legislation:
SB 79 (Committee on Budget and Fiscal Review, Chapter 20, Statutes of 2015) removed outdated requirement that drug felony convictions must be reported to the county within 10 days.
PRIOR VOTES
Assembly Floor: | 67 - 0 |
Assembly Appropriations Committee: | 20 - 0 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
Coalition of California Welfare Rights Organizations, Inc. (Sponsor)
Bay Area Community Services
California Food Policy Advocates
Courage Campaign
Placer People of Faith Together
The Law Foundation of Silicon Valley
Western Center on Law and Poverty
Oppose:
None
-- END --
Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2062
Author:(Lopez) – As Amended Ver:April 20, 2016
Policy Committee: | Human Services | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill prohibits the assessment of a California Work Opportunity and Responsibility to Kids (CalWORKs) overpayment in the month immediately following a reported change in income or household composition, if 10-days’ notice of change in benefits has not been provided prior to the beginning of that month.
FISCAL EFFECT:
- Minor costs to the General Fund, likely less than $100,000, to absorb any overpayments. The dollar adjustment and the number of impacted cases are small.
- Unknown, but likely minor costs to DSS for automation changes.
- Unknown, but likely minor costs to counties for process adjustments. These costs are potentially reimbursable should a county choose to submit a claim with the Commission on State Mandates and the Commission determines that the cost is reimbursable. Staff notes that the continuous appropriation normally made under existing law to defray a portion of these costs is prohibited under this bill.
COMMENTS:
- Purpose. According to the author, “CalWORKs is designed to ensure that families can find employment and are capable of supporting their family. With much difficulty, working parents have many expenses pertinent to work that need attention, such as, child care and transportation. Receiving a letter from the county informing the family that an overpayment was acquired due to their change in income should be one less stress they need to endure. In cases like this, the county was unable to provide the sufficient 10-day notice of this modification in benefits. This bill would streamline the process and align the procedures welfare case workers currently follow for CalFresh recipients when it comes to overpayment, and make it applicable to the CalWORKs program.”
- Background. Typically, any changes in a CalWORKs recipient’s income are only reported during a semi-annual or annual (for Child Only cases) report. However, if a recipient’s income surpasses the Income Reporting Threshold (IRT), then a mid-period report is mandatory. When a recipient’s income exceeds the IRT, he or she must report this change to the county within 10 days. If the IRT is exceeded towards the end of the month, an overpayment in the following month can result, which the recipient must repay.
The California Department of Social Services, reports that just under 500,000 families rely on CalWORKs, including over one million children. Nearly 60% of cases include children under 6 years old.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
ABPCA Bill Id:AB 2062 (
Author:Lopez) – As Amended Ver:April 4, 2016
SUBJECT: CalWORKs: income reporting: benefit redetermination
SUMMARY: Prohibits the assessment of a California Work Opportunity and Responsibility to Kids (CalWORKs) overpayment in the month immediately following a reported change if 10-days’ notice of change in benefits has not been provided prior to the beginning of that month.
Specifically, this bill:
- Prohibits, for a CalWORKs recipient who is found to be no longer eligible for CalWORKs or to be eligible for a lower grant amount due to a reported change in income or, where applicable, household composition, the assessment of an overpayment in the month following that reported change if the county was unable to provide 10-days’ notice of termination or reduction in benefits before the first of the following month.
- Provides that no appropriation, as specified, shall be made for purposes of implementing this bill.
EXISTING LAW:
- Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 U.S.C. 601 et seq., WIC 11200 et seq.)
- Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.)
- Provides the formula for determining CalWORKs income thresholds and establishes income-reporting requirements for recipients. (WIC 11265.3 and 11265.47)
FISCAL EFFECT: Unknown.
COMMENTS:
CalWORKs: The CalWORKs program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the TANF block grant. The average 2016-17 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $497.35, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is $704. According to recent data from the California Department of Social Services, around 497,000 families rely on CalWORKs, including over one million children. Nearly 60% of cases include children under 6 years old.
Maximum grant amounts in high-cost counties of $704 per month for a family of three, with no other income, means $23.46 per day, per family, or $7.82 per family member, per day to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families. This grant amount puts the annual household income at $8,448 per year, or 42% of poverty. Federal Poverty Guidelines for 2016 show that 100% of poverty for a family of three is $20,160 per year.
CalWORKs Income Reporting Threshold: Typically, any changes in a CalWORKs recipient’s income are only reported during a semi-annual or annual (for Child Only cases) report. However, if a recipient’s income surpasses the Income Reporting Threshold (IRT), then a mid-period report is mandatory. When a recipient’s income exceeds the IRT, he or she must report this change to the county within 10 days. If the IRT is exceeded towards the end of the month, an overpayment in the following month can result, which the recipient will need to repay.
Need for this bill: According to the author, “CalWORKs is designed to ensure that families can find employment and are capable of supporting their family. With much difficulty, working parents have many expenses pertinent to work that need attention, such as, child care and transportation. Receiving a letter from the county informing the family that an overpayment was acquired due to their change in income should be one less stress they need to endure. In cases like this, the county was unable to provide the sufficient 10-day notice of this modification in benefits. This bill would streamline the process and align the procedures welfare case workers currently follow for CalFresh recipients when it comes to overpayment and make it applicable to the CalWORKs program.”
Suggested amendments: Because a change in household composition can trigger changes in eligibility or grant amounts for Child Only cases, committee staff recommends the following amendment to line 24 of page 6:
24
(C) If a recipient has reported a change in income or household composition in accordance
25
with subdivision (c), an overpayment shall not be assessed for the
26
following month if the county was unable to provide 10-days’
27
notice of the termination or reduction in benefits before the first
28
of the month following the month in which the change occurred.
REGISTERED SUPPORT / OPPOSITION:
Support
Area Community Services (BACS)
California Food Policy Advocates
Coalition of California Welfare Rights Organizations, Inc. – sponsor
Courage Campaign
Law Foundation of Silicon Valley
Placer People of Faith Together
San Francisco City, Supervisor Katy Tang
Western Center on Law and Poverty
Opposition
None on file.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089
Discussed in Hearing
View Older Hearings
Bill Author
Bill Co-Author(s):
