DPSS ePolicy

Revision of existing policy and/or form(s)

What Changed?

This revised release corrects the step-by-step instructions that must be followed by CalWORKs Eligibility staff when the applicant/participant has failed to apply for potentially available income.

Note: Changes are shown highlighted in grey throughout the document.

An applicant/participant must take all actions necessary to apply, accept, or receive potentially available income to the Assistance Unit (AU) and provide verification that all actions necessary to obtain potentially available income have been taken in each of the following situations:

• Initial application;
  
• Renewal; and
• When adding a person mid-period.

The entire case is denied or discontinued when the applicant/participant fails to seek or accept potentially available income, unless Good Cause exists.

N/A

Terms and Definitions

Potentially Available Income

Any income that the applicant/participant is entitled to receive is considered potentially available to the AU.

Examples of potentially available income sources include:

• Social Security Administration (SSA)
  
  • Retirement – An adult who was formerly employed who has reached age 62;
  • Disability – An adult with a long-term disability who:
    • Has work history; or
    • Has exhausted their short-term disability benefits.
  • Survivor – A surviving spouse or child of a deceased person who had work history; and
  • Supplemental Security Income – Disabled adults or children who have limited income and resources.
• Employment Development Department (EDD)
  • Unemployment; and
  • Disability.
• Military Benefits
  • Available to veterans (their spouse/children);
  • Available to active members (their spouse/children) of military service; and
  • Children or un-remarried surviving spouse of a deceased veteran.
• Retirement Benefits
  • Railroad Retirement;
  • Union Retirement; and
  • Private Pension Benefits.
• Insurance Benefits
  • Private Life Insurance/Disability.
• Workers’ Compensation Benefits
• Debts/Other Income
  • Any outstanding debts owed to the applicant/participant; and
  • Any other available unearned income.

Reasonably Anticipated Income

Income can be reasonably anticipated when:

• The gross amount AND the expected date of receipt are known; and
  
• The AU is reasonably certain that the income will be received within the Semi-Annual Reporting (SAR) or Annual Reporting/Child Only (AR/CO) payment period.

Note: This is applicable to earned and unearned income.

Reference Administrative Release (AR) 44-101 Income Definitions for information on different types of income.

Mandatory AU Member

An individual is a mandatory AU member when they are:

• The applicant child;
  
• An eligible sibling or half-sibling of the applicant child; or
• Any parent, except an alternatively sentenced parent of the applicant child or the applicant child’s eligible siblings or half-siblings.

Optional AU Member

An individual is an optional AU member when they are:

• A non-parent caretaker relative;
  
• Another potentially eligible child, such as a niece or nephew; or
  
• Any essential person, such as a stepparent or California domestic partner of the child’s parent.

Alternatively Sentenced Parent

A parent who is a convicted offender permitted to live at home while serving a court imposed sentence that precludes the parent from providing support through paid employment.

An applicant/participant must take all actions necessary to apply, accept, or receive potentially available income to the AU and provide verification that all actions necessary to obtain potentially available income have been taken.

If the individual is a mandatory AU member, then the entire case is denied or discontinued when a mandatory AU member fails to seek or accept potentially available income.

When the mandatory AU member is a child, their parent or caretaker must seek income that is potentially available to the child.

The discontinuance occurs at the end of the current SAR or AR/CO Payment period in which the AU member fails to seek income that is potentially available.

If the individual is an optional AU member, then the optional AU member who fails to seek or accept potentially available income is denied or discontinued only, not the entire case.

The discontinuance occurs at the end of the current SAR or AR/CO Payment period in which the AU member fails to seek or accept potentially available income.

If an applicant/participant is not apparently eligible for Unemployment Insurance Benefit (UIB), then the applicant/participant must not be referred to EDD when they:

• Have not worked in employment covered by the Unemployment Insurance Compensation Law in the last 19 months;
  
• Are currently receiving UIB/Disability Insurance Benefit (DIB) or have a UIB/DIB claim which is being processed;
• Have exhausted their UIB/DIB benefits;
• Have been denied/discontinued from UIB and have no subsequent employment that would change the UIB action; or
• Are participating in a strike.

If an applicant/participant is apparently eligible for UIB/DIB, then the applicant/participant must be referred to EDD when they have:

• UIB: Worked full or part-time in employment covered by the Unemployment Insurance Compensation Law in the past 19 months; or
  
• DIB: Worked full or part-time within the past 19 months in employment covered by the Unemployment Insurance Compensation Law AND:
  • Unemployed due to a medical condition that prevents the applicant/participant from doing their regular work; and
  • Under doctor’s care. This includes chiropractors, podiatrists, dentists, optometrists, psychologists, etc.

If the AU member fails to meet UIB conditions of eligibility; then the Eligibility Worker (EW) must determine whether Good Cause exists for not meeting UIB conditions.

Examples of Good Cause may include:

• Illness/Incapacity;
• Court-related appearance or incarceration;
  
• Emergency family crisis or sudden change of immediate family circumstances;
• Breakdown in transportation arrangements with no readily accessible alternate means of transportation; or
• Breakdown in childcare arrangement or availability of childcare not suited for special needs of child (handicapped, mentally challenged, etc.).

If the applicant/participant needs to apply for UIB, then the applicant/participant must be referred to the EDD Office to apply for UIB via the CW 2201, Unemployment Insurance Benefits Referral Form, which instructs the applicant/participant to apply for UIB by using one of the following methods:

• Telephone:
  
  • English 1- 800-300-5616
  • Spanish 1- 800-326-8937
  • TTY 1-800-815-9387
• Apply online via the Internet at: https://www.edd.ca.gov/unemployment/UI_Online.htm.
• Mail or fax – a paper application, DE 11011, Unemployment Insurance Application, available online at: www.edd.ca.gov.
• Apply in person at the local EDD Office.

If the applicant/participant needs to apply for DIB; then the applicant/participant must be referred to the EDD Office to apply for DIB by using one of the following methods:

• Telephone:
  
  • English 1- 800-480-3287
  • Spanish 1- 866-658-8846
  • All others 1-800-480-3287
• Apply online via the Internet at: https://www.edd.ca.gov/Disability/SDI_Online.htm.
• Mail – a paper application, DE 2501, Claim for Disability Insurance (DI) Benefits Application, available online at www.edd.ca.gov.
• Apply in person at the local EDD Office.

If the AU member needs to apply for Veterans Benefits, then the applicant/participant must be referred to the County Veterans Service Office via the CW 5, Veterans Benefits Verification and Referral form, for an AU or Non-AU member (including an absent parent) who is a veteran or a dependent of a veteran (spouse, child, or parent) and is not currently receiving Veterans Benefits.

Below are types of verifications that can be provided for the receipt or non-receipt of potentially available income:

• A paystub/check stub;
• Employer statement;
• An Award Letter;
• Verification of an application being submitted for income benefits (i.e., SSA, EDD, Pension/Retirement, Workers’ Compensation);
• Other written documentation which will be reviewed by the County; or
• CW 2201, Unemployment Insurance Benefits Referral Form.