AB 1094, as amended, Brown. CalWORKs: eligibility.
(1) Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for 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.begin insert Existing law requires a county to redetermine the amount of a CalWORKs grant on a semiannual basis, as specified.end insert Under existing law, certain amounts are exempt from the calculation of income of the family for purposes of determiningbegin delete eligibility for benefitsend deletebegin insert
the amount of aend insertbegin insert grantend insert under the CalWORKs programbegin delete. Certain exempt amounts are calculated based on the amount ofend deletebegin insert, includingend insert disability-based unearned incomebegin delete and earned incomeend deletebegin insert, as specifiedend insert. Under existing law, disability-based unearned income means state disability insurance benefits, private disability insurance benefits, temporary workers’ compensation benefits, and social security disability benefitsbegin insert.end insert
This bill would expand the definition of disability-based unearned income to include veteran’s disability compensation. To the extent that this bill wouldbegin delete expand CalWORKs eligibility, and by increasingend deletebegin insert
increaseend insert county administrative duties, the bill would impose a state-mandated local program.
(2) 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.
(3) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11451.5 of the Welfare and Institutions
2
Code, as amended by Section 30 of Chapter 439 of the Statutes of
32012, is amended to read:
(a) The following income shall be exempt from the
5calculation of the income of the family for purposes of subdivision
6(a) of Section 11450:
7(1) If disability-based unearned income does not exceed two
8hundred twenty-five dollars ($225), both of the following amounts:
9(A) All disability-based unearned income, plus any amount of
10not otherwise exempt earned income equal to the amount of the
11difference between the amount of disability-based unearned income
12and two hundred twenty-five dollars ($225).
13(B) Fifty percent of all not otherwise exempt earned income in
14excess of
the amount applied to meet the differential applied in
15subparagraph (A).
16(2) If disability-based unearned income exceeds two hundred
17twenty-five dollars ($225), both of the following amounts:
18(A) All of the first two hundred twenty-five dollars ($225) in
19disability-based unearned income.
P3 1(B) Fifty percent of all earned income.
2(b) For purposes of this section:
3(1) Earned income means gross income received as wages,
4salary, employer-provided sick leave benefits, commissions, or
5profits from activities such as a business enterprise or farming in
6which the recipient is engaged as a self-employed individual
or as
7an employee.
8(2) Disability-based unearned income means state disability
9insurance benefits, private disability insurance benefits, temporary
10workers’ compensation benefits, social security disability benefits,
11andbegin insert anyend insert veteran’s disability compensation.
12(3) Unearned income means any income not described in
13paragraph (1) or (2).
14(c) This section shall become operative on October 1, 2013.
Notwithstanding the rulemaking provisions of the
16Administrative Procedure Act (Chapter 3.5 (commencing with
17Section 11340) of Part 1 of Division 3 of Title 2 of the Government
18Code), thebegin delete departmentend deletebegin insert State Department of Social Servicesend insert shall
19implement the changes made to Section 11451.5 of the Welfare
20and Institutions Code by Section 1 of this act by means of an
21all-county letter or similar instruction without taking regulatory
22action. The all-county letter or similar instruction shall be issued
23on or beforebegin delete Januaryend deletebegin insert
Julyend insert 1, 2014.
No appropriation pursuant to Section 15200 of the
25Welfare and Institutions Code shall be made for purposes of this
26act.
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.
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