AB 2062, as introduced, Lopez. CalWORKs: income reporting: benefit redetermination.
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 recipient’s household income exceeds the reporting threshold. Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipient’s grant amount should be reduced based on an increase in income, the county is required to discontinue the recipient from CalWORKs or reduce the recipient’s 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11265.47 of the Welfare and Institutions
2Code is amended to read:
(a) The department shall establish an income
4reporting threshold for CalWORKs assistance units described in
5subdivision (a) of Section 11265.45.
6(b) The income reporting threshold described in subdivision (a)
7shall be the lesser of the following:
8(1) Fifty-five percent of the monthly income for a family of
9three at the federal poverty level, plus the amount of income last
10used to calculate the recipient’s monthly benefits.
11(2) The amount likely to render the recipient ineligible for
12federal Supplemental Nutrition Assistance Program benefits.
13(3) The amount likely to
render the recipient ineligible for
14CalWORKs benefits.
15(c) A recipient described in subdivision (a) of Section 11265.45
16shall report to the county, orally or in writing, within 10 days,
17when any of the following occurs:
18(1) The monthly household income exceeds the threshold
19established pursuant to this section.
20(2) Any change in household composition.
21(3) The household address has changed.
P3 1(4) An incidence of an individual fleeing prosecution or custody
2or confinement, or violating a condition or probation or parole, as
3specified in Section 11486.5.
4(d) When a recipient described in subdivision (a) of Section
511265.45 reports
income or a household composition change
6pursuant to subdivision (c), the county shall redetermine eligibility
7and grant amounts as follows:
8(1) If the recipient reports an increase in income or household
9composition change for the first through 11th months of a year,
10the county shall verify the report and determine the recipient’s
11financial eligibility and grant amount.
12(A) If the recipient is determined to be financially ineligible
13based on the increase in income or household composition change,
14the county shall discontinue the recipient with timely and adequate
15notice, effective at the end of the month in which the change
16occurred.
17(B) If it is determined that the recipient’s grant amount should
18decrease based on the increase in income, or increase or decrease
19based on a change in household composition, the county
shall
20increase or reduce the recipient’s grant amount for the remainder
21of the year with timely and adequate notice, effective the first of
22the month following the month in which the change occurred.
23(C) If a recipient has reported a change in income in accordance
24with subdivision (c), an overpayment shall not be assessed for the
25following month if the county was unable to provide 10-days’
26notice of the termination or reduction in benefits before the first
27of the month following the month in which the change occurred.
28(2) If the recipient reports an increase in income for the 12th
29month of a grant year, the county shall verify this report and
30consider this income in redetermining eligibility and the grant
31amount for the following year.
32(e) During the year, a recipient described in subdivision (a) of
33Section 11265.45 may report to the county, orally or in writing,
34any changes in income that may increase the recipient’s grant.
35Increases in the grant that result from reported changes in income
36shall be effective for the entire month in which the change is
37reported and any remaining months in the year. If the reported
38change in income results in an increase in benefits, the county shall
39issue the increased benefit amount within 10 days of receiving
40required verification.
P4 1(f) During the year, a recipient described in subdivision (a) of
2Section 11265.45 may request that the county discontinue the
3recipient’s entire assistance unit or any individual member of the
4assistance unit who is no longer in the home or is an optional
5member of the assistance unit. If the recipient’s request is verbal,
6the county shall provide a
10-day notice before discontinuing
7benefits. If the recipient’s request is in writing, the county shall
8discontinue benefits effective the end of the month in which the
9request is made, and simultaneously shall issue a notice informing
10the recipient of the discontinuance.
11(g) This section shall become operative on the first day of the
12first month following 90 days after the effective date of the act
13that added this section, or October 1, 2012, whichever is later.
No appropriation pursuant to Section 15200 of the
15Welfare and Institutions Code shall be made for purposes of this
16act.
If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.
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