California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - May 27, 2005
| Item 05-05-01A Paraphrased Regulations |
This version of the paraphrased regulations adds 20 new paraphrased regulations, revises 20 and deletes 18. In addition, paraphrased regulation 565-1 is renumbered to 564-5. There is a new issue code, 567 for the IHSS Plus Waiver. The major changes involve more revisions to the quarterly reporting regulations and the addition of Welfare and Institutions Code (W&IC) §14132.951 concerning the IHSS plus waiver program. There will be a DHS All County Welfare Director's Letter and a CDSS All County Letter issued on the IHSS plus waiver program. Since the ACWDL and ACL have not yet been issued, they could not be included in this version of the paraphrased regulations, but will appear in the next version.
The paraphrased regulations that were deleted mostly involve food stamps quarterly reporting and most are deletions of references to All-County Letter 03-18 that preceded new food stamp regulations that became effective July 1, 2004. Judges should be citing regulations rather than ACL 03-18 for any action that took effect on or after July 1, 2004 if there is a valid regulation to cite. For QR issues for months before July 1, 2004, ACL 03-18 should be cited.
There are still some paraphrased regulations that list ACL 03-18. That is because ACL 03-18 cited some policy interpretations that were not added to the regulations.
There are still some paraphrased regulations that list ACL 03-18. That is because ACL 03-18 cited some policy interpretations that were not added to the regulations.
Paraphrased regulations in the 121 section have been moved to the new 129 section in CalWORKs and from the 281 section to the new 288 section in food stamps so that it is easier to locate QR Budgeting issues.
The following paraphrased regulations have been deleted:
Deleted
| S227-3 S227-4 S227-7A S227-7B S227-7C S227-7D |
S227-7F S227-8 S227-8A 227-9A S227-10E 227-12 |
S227-12C 227-14 S227-16 241-10 252-5E 253-2 |
Those deleted paraphrased regulations that may still be found in the HTML version are those marked with an S before them while the others will not be found because it was determined that they would not be used.
Issue Code
567 IHSS Plus Waiver
Renumbered
565-1 = 564-5
The index for the revisions and additions to the paraphrased regulation are the following:
Revised
| 022-2 | IPV penalties; only court may reverse (20-353.1, 82-620.1-.5) |
| 125-8 | In MR/RB, financial eligibility based on estimated income (44-207.23) |
| 180-4C | $10,000 property limit, plus $1,500 for a car, for FC eligibility (W&IC 11155.5(a); see 45-201.12) |
| 181-2A | New linkage requirement for AFDC-FC (45-202.331) |
| 181-5 | FFP defined (45-101.1(f)(3)) |
| 182-1A | State FC child can't be living in the same home as birth or adoptive parents (45-203.211 Handbook) |
| 185-7 | Methods of collecting FC overpayments (45-305.1, .2; W&IC 11466.24(e)) |
| 227-2 | Terms used in QR/PB reporting system (63-102, 63-509) |
| 227-7 |
County will use information on QR 7 to determine future eligibility and benefit amount. (63-508.11) |
| 227-8B | Under QR/PB, resource eligibility established once per quarter based on information reported on QR 7 (63-508.66) |
| 227-12A | Voluntarily reported changes may result in increase in one program's benefits and decrease in another. County must act on the increase, but suppress the decrease. (63-509(d)(2)) |
| 227-12B | When increases in benefits due to decrease in income or addition of household member take effect. (63-509(d)(4)) |
| 227-12E | County must issue notice of action if voluntarily reported decrease in income does not result in increase in benefits. (63-509(d)(7)) |
| 227-13 | Voluntary requests to discontinue benefits in the QR/PB system and county duty to act on the request including providing notice. (63-509(g)(1)) |
| 227-16F | Recoupment of overpayment/overissuance only initiated at beginning of the quarter. (63-801.737) |
| 252-5F | Licensed vehicles exempt as resources when jointly owned and joint owner won't sell, or when legal prohibition against selling vehicle (ACIN I-46-96; 63-501.21, 63-501.3(i)(3), 63-501.3(c)) |
| 252-5G | Vehicle valuation policies re, e.g., when a vehicle is "licensed", joint ownership, lease/purchase options, reevaluations, individual evaluations (ACIN I-17-02, 63-501.3(c)) |
| 252-14 | Fleeing felons and probation/parole violators, drug felons, and IPV sanctioned persons have income and resources attributed to HH from which they are excluded, and render the HH non-CE (ACL 98-19, 63-402.22, 63-503.44, and 63-801.7, W&IC 18901.3) |
| 256-4A | Federal Law excludes unlicensed vehicles from resource consideration if vehicle is inaccessible due to joint ownership, if in probate, or when HH is making a good faith effort to sell (7 CFR 273.8(c), (d), (e), 63-501(c)) |
| 296-7A | Recoupment of overpayment/overissuance only initiated at beginning of the quarter. (63-801.737) |
Added
| 022-6A | Permanent CalWORKs IPV penalties (20-353.21) |
| 022-6B | Five year CalWORKs IPV penalties (20-353.22) |
| 022-6C | Four year CalWORKs IPV penalties (20-353.23) |
| 022-6D | Two year CalWORKs IPV penalties (20-353.24) |
| 022-6E | Twelve month CalWORKs IPV penalties (20-353.25) |
| 022-6F | Six month CalWORKs IPV penalties (20-353.26) |
| 022-9 | For ineligible person, CalWORKs disqualification postponed until person applies and is found eligible for CalWORKs (20-353.5) |
| 201-12B | Initial food stamp overissuance notice of action must provide at least minimum amount of information on how claim was calculated (ACIN I-16-05) |
| 292-1D | County may collect overissuance from household consisting of all minors, or from child who was adult in household at time overissuance occurred (ACIN I-16-05) |
| 292-7G | When computing overissuance or underissuance, county shall use CalWORKs grant that was reasonably anticipated (ACIN I-16-05) |
| 431-8B | Allocation methodology for parent in LTC to children in home with no community spouse; or where person is in board and care or an MIA in LTC with spouse and/or children in home (ACWDL 90-03) |
| 438-5C | Effective A&D FPL limit for individual and couples in 2005 (ACWDL 05-15) |
| 564-5A | IHSS and PCSP eligibility determinations made following Medi-Cal rules (ACWDL 04-27) |
| 567-1 | Intent of legislature to seek federal approval of Medicaid waiver known as IHSS plus waiver (W&IC 14132.951(a)) |
| 567-2 | To extent feasible, IHSS plus waiver incorporates IHSS eligibility requirements (W&IC 14132.951(b)) |
| 567-3 | To the extent FFP available, IHSS program benefits furnished as Medi-Cal benefits through IHSS plus waiver (W&IC 14132.951(c) and (d)) |
| 567-4 | DHS may implement IHSS plus waiver through ACWDL or similar publication for up to 18 months (W&IC 14132.951(h)) |
| 567-5 | If conflict exists between terms of IHSS plus waiver and ACWDL, regulations or similar publication, terms of waiver controls (W&IC 14132.951(i)) |
| 567-6 | IHSS and PCSP eligibility determinations made following Medi-Cal rules (ACWDL 04-27) |
| 622-9 | IHSS and PCSP eligibility determinations made following Medi-Cal rules (ACWDL 04-27) |
Non-substantive changes/corrections were made to other paraphrased regulations. They are not listed here.