DPSS ePolicy

Revision of existing policy and/or form(s)

What changed?

This policy has been revised to reflect the employment-related activity changes for General Relief (GR) applicants/participants.

1. The instructions for the Noncompliance Review and Hearing process have been revised. 
2. Clarified the “3-Month Grace Period” and the Rolling Clock Period definitions. 
3. References to the General Relief Opportunities for Work (GROW) Program have been replaced with the Skills and Training to Achieve Readiness for Tomorrow (START) Program. 
   • Note: The GROW term will be used only when referencing CalSAWS pages until the system is fully programmed. All notices and forms that are currently available in CalSAWS will also display the GROW term pending the system change. 
     
4. The START Orientation completion is no longer a condition of GR eligibility; however, GR applicants/participants are encouraged to complete the START Orientation via telephone or online. 
5. References to GROW Case Manager have been replaced with START Worker (SW).
6. The Eligibility Workers (EWs)/SWs/Hearing Officers are to use the out-of-drawer ABP 592, GR and START Good Cause Determination Checklist (11/2023) when making a Good Cause determination during the Noncompliance Review and/or Hearing. The ABP 592 (11/2023) has replaced the following forms:
   • ABP 592, General Relief Good Cause Determination Checklist (06/2014); 
   • ABP 5053, GR and GROW Good Reason Determination Checklist (06/2014); 
   • ABP 593, GR and GROW Requirement to Provide Medical Verification (02/2014); and 
   • PA 593, GR Requirement to Provide Medical Verification (08/1985).
7. References to Employment Development Department (EDD) registration have been removed from the policy, as it is no longer a condition of GR eligibility. 
8. References to the Leader Replacement System (LRS) have been replaced with California Statewide Automated Welfare System (CalSAWS). 
9. References to the Electronic Document Management System (EDMS) have been replaced with CalSAWS Imaging Solution (CIS). 
10. References to Your Benefits Now (YBN) have been replaced with BenefitsCal, which is the new statewide self-service portal. 
11. Updated scenarios under the Examples section.

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

As a condition of GR eligibility, all GR employable applicants/participants are required to comply with GR/START Programs employment-related requirements, which include applying for Unemployment Insurance Benefits (UIB), if applicable, and participating in the START Program employment activities. When the applicant/ participant fails to comply with GR/START Program requirements without Good Cause, a noncompliance is initiated.

1. Failure to comply with the GR UIB requirement, if applicable during the application process, will result in the denial of the GR application. No sanction will be imposed, and the applicant may reapply immediately. Refer to 41-400 Employable Status policy for details.
   
2. GR employable participants will not be discontinued or sanctioned for noncompliance with START Program requirements during their first three months of receiving GR benefits in a 12-month period. This is referred to as the “3-Month Grace Period.”
   
   • The “3-Month Grace Period” is a period of time when the employable participant’s benefits cannot be discontinued for noncompliance with START Program employment-related requirements. 
   • The “3-Month Grace Period” begins on the date of the GR application and ends after the participant has received aid for three months.
     • Note: If the applicant’s/participant’s employability status has changed from employable to unemployable or vice versa during the first three months of aid, the “3-Month Grace Period” will still be calculated from the GR application date.
   • The participant may only have one “3-Month Grace Period” within a 12-month period regardless of how many times they reapply for GR during the 12-month period. 
     
   • The “3-Month Grace Period” does not apply to unemployable participants. Unemployable participants will continue to be discontinued for noncompliance if they fail to comply with the GR Program requirements, per existing procedures.
3. When a participant fails to comply with the START Program requirements following the end of the “3-Month Grace Period,” a determination will be made as to whether the GR employable participant had a Good Cause for not complying with the START Program requirements.
   
   • If there is Good Cause for the failure to comply, the participant’s aid will not be impacted.
   • If there is no Good Cause for the failure to comply, then a Hearing Officer will make the determination as to whether the failure to comply with the employment-related requirements was Negligent or Willful:
     
     • Willful Failure: A participant deliberately, intentionally refused to comply. A single act of Willful failure will cause a potential case discontinuance and sanction.
     • Negligent Failure: A participant does not exercise adequate judgement or fails to take steps that a similarly situated reasonable person would take to comply with the GR/START Programs employment-related requirement(s). Three acts of Negligent failure in different months will cause a case discontinuance and sanction.
   • The first-time the participant fails to request a Noncompliance Review or contact the Hearing Officer in a 12-month period, the participant’s benefits will be discontinued, but no sanction will be imposed. The participant will be able to reapply the day after the GR discontinuance date.
   • The 0/30/60-day sanction policy will continue to be applied.
   • Participants, except those discontinued for Time Limits or duplicate filing, are provided an Extended Suspend Period (also known as the third Thursday of the month following discontinuance) to comply with all noncompliance issues. When noncompliance issues are not resolved during this period, aid remains discontinued.
     • GR participants may resolve the noncompliance by calling the Customer Service Center (CSC) at any time prior to requesting a hearing with the GR Hearing Officer; and
     • START participants may resolve any employment-related program noncompliance by calling their SW at any time prior to requesting a hearing with the START Hearing Officer. 
       • Note: GR/START participants may not resolve any noncompliance after the third Thursday (Extended Suspend Period) deadline.
   • The GR case will not be discontinued, or the participant will not be sanctioned when the noncompliance is resolved through the Noncompliance Review process with the CSC/district office EW or their SW.
   • GR benefits can be reinstated if the noncompliance was cured during the Extended Suspend Period or resolved at the hearing.
   • All GR applicants/participants are required to comply with the Mandatory Substance Use Disorder Recovery Program (MSUDRP) as a condition of GR eligibility, if there is a reasonable suspicion the individual may have an Alcohol or Other Drug (AOD) problem. The participation hours may be used to satisfy the START Program requirements:
     • The Department can discontinue GR benefits due to failure to comply with the MSUDRP requirement at any time after GR case approval.
     • Any Willful or Negligent noncompliance participants acquire without Good Cause may cause the GR case discontinuance and a sanction for 0/30/60 days.
       • Note: MSUDRP noncompliance is not subject to the “3-Month Grace Period” in a 12-month period rule as the GR/START employment-related requirements.

GR participants with Needs Special Assistance (NSA) status may choose to volunteer to participate in the START Program. However, failure to comply with any employment-related requirements will not impact their GR case/benefits.

Effective March 2014, as a part of the GR Settlement Agreement, GR noncompliance and sanction policy has been reinstated. The Department of Public Social Services (DPSS) provides a Noncompliance Review option to GR/START participants upon their request. In addition, a determination of Good Cause or Willful/Negligent noncompliance will be made by a GR/START Hearing Officer.

Applicant

An individual who applied for GR and has an open pending application.

BenefitsCal

A new website for applicants/participants to apply for, view, and renew benefits for health coverage, food and cash assistance. The BenefitsCal portal also allows applicants/ participants to upload supporting verifications/documents online.

Employable

A designation given to an applicant/participant who is able to work through self-declaration or as determined through a physical health examination. Employable applicants/ participants are required to participate in the START Program, designed to help them find employment. Employable participants may receive GR for nine months in any 12-month period, provided they continue to comply with GR/START Programs employment requirements.

Extended Suspend Period

A period through the third Thursday of the month following discontinuance, to comply with all noncompliance issues.

Good Cause

A reason beyond the person’s control, a mistake (action or inaction) on the part of any member of DPSS, an action of an outside person or entity which renders the participant unable to comply or is due to personal circumstances such as illness.

Hearing

A process for an individual to dispute any proposed negative action that will be taken on their case.

“3-Month Grace Period”

A period of time in which GR employable participants cannot be sanctioned or have their benefits discontinued unless they have received three months of GR benefits in a 12-month period.

12-Month Period

A period of 365 days.

Negligent Noncompliance

A participant that does not exercise adequate judgment or fails to take steps that a reasonably minded person would take in order to comply with GR/START Programs requirement(s). An example would be “I woke up late and missed my bus.”

Noncompliance

Failure to comply with GR/START Programs requirement(s).

Discontinuance Notice of Action (NOA)

A notice that is sent to participants informing them of a violation of the GR/START Programs requirements. The NOA also explains their rights under the GR/START Programs, instructs participants on how to dispute the discontinuance, and provides the phone number of the GR/START Hearing Officer to request a hearing

Participant

An individual who is eligible for GR and is receiving a monthly GR cash grant.

Progressive Sanction

Every time a participant gets a sanction, the waiting time to apply again for GR will increase.

Rolling Clock Period (Calculating the “3-Month Grace Period”)

A period that begins on the date of the first act of noncompliance. CalSAWS is programmed to look back 12 months to verify if the employable participant has received three months of cash aid.

Sanction

A period of time participants must wait after their GR benefits are stopped before they can apply again.

START Program (formerly known as GROW Program)

A mandatory welfare-to-work program for employable GR participants that provides education and training opportunities, supportive services, and case management to help them obtain jobs and achieve self-sufficiency. While participating in the START Program, participants will be assigned activities to help achieve their employment goals. The START Program helps with transportation costs and job-related expenses such as supplies and uniforms.

Willful Noncompliance

A deliberate, intentional refusal to comply. Willfulness cannot typically be implied from an action or failure to act; the person must clearly indicate intent not to do the action that was required. An example would be, “I did not feel like doing the activity.”

“3-Month Grace Period”

1. Days 1-30: Employable applicants during days 1-30 of the “3-Month Grace Period” may be denied for failing to comply with the employment-related requirements, but may not be sanctioned.
   Employable participants whose cases were approved during this period must be encouraged to comply with the employment-related requirements. If an employable participant fails to comply with the employment-related requirement(s), they will receive an ABP 4047, GR Informational Notice. However, the participant’s GR case will not be discontinued or sanctioned for failure to comply.
2. Days 31-60: Employable participants during days 31-60 must be encouraged to comply with the employment-related requirement(s). If an employable participant fails to comply with the employment-related requirements, they will receive an ABP 4047. However, the participant’s GR case will not be discontinued or sanctioned for failure to comply.
3. Days 61-90: Employable participants during days 61-90 must comply with the employment-related requirements. If an employable participant fails to comply with the employment-related requirement(s), they will receive a NOA. However, the participant’s case will not be discontinued or sanctioned for failure to comply until the 91st day after the first act of noncompliance within a 12-month period.

Rolling Clock Period- Calculating the “3-Month Grace Period”

1. The Rolling Clock Period begins on the date the sanction would be imposed. CalSAWS is programmed to look back 12 months to see if the participant has received three months of benefits in that 12-month period.
2. The Rolling Clock Period will identify if the participant has received cash aid as employable/unemployable for three months.
3. Participants who received cash aid two months of the “3-Month Grace Period” will be eligible for one more month of benefits.

“4-Day Grace Period”

When a participant fails to comply with the employment-related requirement(s), the Department will not immediately send a NOA advising the participant of the noncompliance. Instead, the Department will provide participants with a “4-Day Grace Period” after the participant fails to comply with the employment-related requirement(s) before starting the noncompliance procedures.

During this time, the Department will notify the participants within two business days after any failure to comply with any GR/START Programs employment-related requirement(s) by outbound phone call and text. The participant has until the 4th day of the “4-Day Grace Period” to contact the CSC/SW to prevent any negative action from taking place on their GR case.

DPSS will take a negative action and send a NOA after the “4-Day Grace Period” has expired, if the participant has not resolved all noncompliance.

Noncompliance Review

A Noncompliance Review must be conducted by the EW/SW upon request by a participant. A participant may request a Noncompliance Review to be conducted by telephone or in-person prior to requesting a hearing, but not after the third Thursday (Extended Suspend Period) deadline.

1. Prior to Requesting a GR/START Hearing:
   
   GR participants may call CSC and START participants may call their SW to request a telephonic or in-person Noncompliance Review to resolve the GR/START Programs noncompliance prior to requesting a hearing. The participant may provide supporting documentation, such as a doctor’s note, interview notice/email or a sworn statement, explaining why they failed to comply with the employment-related requirement(s).
   
   During the Noncompliance Review, the EW/SW may take good reason criteria into consideration when determining that a participant’s situation prevented them from complying. If it did, then the EW/SW may resolve the noncompliance.
   
   If the EW/SW is unable to make the determination (e.g., the participant failed to provide an evidence or provided conflicting information) or does not reverse the discontinuance, a participant must contact the GR/START Hearing Officer through the number provided on the NOA. If the participant disagrees with the EW’s/SW’s decision and fails to contact the GR/START Hearing Officer, the aid will be stopped, and they will have to wait 0/30/60 days to reapply.
   
   Note: The Hearing Officer is a supervisor who is a neutral fact finder that was not involved in the original decision.
   
   Refer to 44-403.5 Noncompliance Review and Hearing Process for details. 
   
   
2. After GR Discontinuance Date:
   
   GR participants may contact the CSC and START participants may contact their SW directly up-to the third Thursday (Extended Suspend Period) of the month following the month of discontinuance of their GR benefits to resolve a noncompliance. The participant may provide supporting documentation, such as a doctor’s note, interview notice/email or a sworn statement, explaining why they failed to comply with employment-related requirement(s).
   
   If the determination is made that the participant’s situation prevented them from complying, the EW/SW will reverse the discontinuance and reopen the GR case. Any previously applied sanction will be removed.
   
   If the EW/SW is unable to make the determination or does not reverse the discontinuance, the participant must contact the GR/START Hearing Officer through the number provided on the NOA.
   

Refer to 44-403.5 Noncompliance Review and Hearing Process for details.

Good Cause

1. Good Cause occurs when a participant was unable to comply with GR/START Programs requirements due to reasons or events beyond the person’s control, including a mistake (action or inaction) on the part of any DPSS member, an action of an outside person or entity which renders the participant unable to comply, or is due to personal circumstances such as illness.
2. A noncompliance with a Good Cause will not affect a participant’s eligibility for GR.

GR/START Hearings

GR/START participants have the right to:

1. Review their case records.
2. Dispute the Department’s proposed decision as stated in the NOA with a Hearing Officer.
3. Request a telephonic or in-person hearing with an impartial GR/START Hearing Officer who has authority to reverse the proposed decision on the NOA if it is incorrect.
4. Provide a good reason(s) for the failure to comply with GR/START Programs requirement(s).
5. Receive written notification regarding the result of the hearing.

Refer to 44-403.5 Noncompliance Review and Hearing Process and 44-401 Initiating Hearings and Notices of Action policies for details.

Willful Noncompliance

1. Willful noncompliance occurs when an applicant/ participant purposefully does not comply with GR/START Programs requirement(s) and the circumstances are within their control.
2. Willful noncompliance requires a deliberate, intentional refusal to comply.
3. Willfulness cannot typically be implied from an action or failure to act; the person must clearly indicate intent not to do the action that was required. Normally, it will be difficult to show intent unless there is a clear indication the person understood the rules and affirmatively chose not to follow them. An example would be, “I did not feel like doing the activity” (assuming there were no personal circumstances such as illness that led to this statement).
   
   Refer to 44-403.5 Noncompliance Review and Hearing Process for details.

 Negligent Noncompliance

1. Negligent noncompliance occurs when an applicant/ participant does not exercise adequate judgement or fails to take steps that a similarly situated reasonable person would take to comply with GR/START Programs requirement(s).
2. A Negligent act includes a degree of fault which can range from a minor error in judgement or a gross error of a judgement, but the noncompliance is not done with deliberate intent.
3. Negligent actions might also be described as, neglectful, careless or inadvertent. An example would be “I woke up late and missed my bus.
   
   Refer to 44-403.5 Noncompliance Review and Hearing Process for details.

Failure to Request/Keep a Hearing Appointment

The first time an employable participant does not resolve the noncompliance by the end of the Extended Suspend Period or fails to request/keep a hearing appointment in a 12-month period, the GR case will remain discontinued, but no sanction will be imposed.

Any subsequent instances of noncompliance will cause the GR case to be discontinued and the participant to be sanctioned in accordance with the 0/30/60-day sanction policy.

Refer to 44-403.5 Noncompliance Review and Hearing Process for details

Progressive Sanction

Every time a participant gets a sanction, the waiting time to apply again for GR will increase. The longest period that the participant has to wait before they can reapply for GR again is 60 days. The waiting period will reset back to zero day after the participant has been free of any sanction for 365 consecutive days:

1. The first imposed sanction results in a period of ineligibility of zero day;
2. The second imposed sanction results in a period of ineligibility of 30 days;
3. The third imposed sanction results in a period of ineligibility of 60 days; and
4. Every sanction imposed thereafter results in a period of ineligibility of 60 days.

Applying Sanctions

Sanctions are applied depending on whether noncompliance is Willful or Negligent:

1. The first instance of one Willful act of noncompliance or at least three Negligent acts of noncompliance will result in a zero-day sanction.
2. The second additional Willful act of noncompliance or at least three additional Negligent acts of noncompliance will result in a 30-day sanction.
3. The third additional Willful act of noncompliance or set of three additional Negligent acts of noncompliance will result in a 60-day sanction.
4. The first and second instance of Negligent noncompliance will not result in a sanction.
5. The progressive penalty is applied differently depending on whether a participant’s noncompliance is found to be Willful or Negligent.
   • Zero-Day Sanction 
     • One Willful Act; or
     • Three Negligent Acts in different months within 365 days from the 1st sanction date.
   • 30-Day Sanction   
     • One additional Willful Act within 365 days from the 1st sanction date; or
     • Three additional Negligent in different months within 365 days from the 1st sanction date.
   • 60-Day Sanction
     • One additional Willful    Act within 365 days from  the 1st sanction date; or
     •  Three additional Negligent Acts in different months within 365 days from the 1st sanction date.
6. Participant may fail to comply with more than one requirement. If there is more than one noncompliance in the same month, participant will be subject to only one sanction. The most severe noncompliance will always be counted. When there is multiple noncompliance of the same type within same month, the one that occurred the latest will be counted.

Extended Suspend Period

Participants, except those whose GR case was discontinued for Time Limits or duplicate filing, are provided an Extended Suspend Period (the third Thursday of the month following discontinuance) to comply with all noncompliance issues. When noncompliance issues are not resolved during this period, the GR case will remain discontinued.

Participants may resolve any GR/START Programs noncompliance with the EW/SW prior to requesting a hearing. However, they may not resolve any noncompliance after the third Thursday (Extended Suspend Period) deadline.

If DPSS made an error by discontinuing/reducing participant’s benefits, then the participant’s benefits will be restored by the designated DPSS manager as long as the participant requests such review within 90 days after the adverse action is taken.

The participants must provide any document or verification that supports the asserted cause of the noncompliance. They have the following options to provide the verification(s):

1. By United States (U.S.) mail or fax;
2. In person to the district office; or
3. Upload via BenefitsCal;

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