63-165     Failure to Comply With the Requirements of Another Program

 

Table of Contents

 

Section

General Rule

165.1

 Means Tested Programs

165.2

Penalties and Disqualifications from Another Program

165.3

 Adjustments to CalFresh Benefits

165.4

Stopping the CalFresh Penalty

165.5

 

63-165.1

General Rule

CalFresh benefits will not increase when the household’s public assistance benefits are reduced because of a penalty or sanction imposed under a federal, state or local “mean-tested” welfare program.

·         A penalty under this section is the result of any non-compliance with the requirements of another assistance program and includes disqualifications, sanctions, and reductions due to client-caused overpayments.

·         The prohibition on increasing CalFresh benefits lasts until the individual either becomes exempt from CalFresh work registration or begins complying with the requirements in the other program.

·         This provision does not apply when the other assistance case is terminated and benefits are stopped for the assistance unit (AU).

 

63-165.2

Means Tested Programs

“Means tested” means that the household’s financial circumstances are considered in determining eligibility and/or benefit level, and the household receives publicly-funded payments from these programs.

This regulation applies to household members who fail to perform any required act in the following means-tested programs:

·         California Work Opportunity and Responsibility to Kids (CalWORKs);

·         Refugee Cash Assistance (RCA);

·         General Relief (GR);

·         California Assistance Program for Immigrants (CAPI); and

·         Supplemental Security Income (SSI).

 

63-165.3

Penalties and Disqualifications from Another Program

Examples of penalties in another program include, but are not limited to the following:

·         Intentional Program Violation (IPV) in another case;

·         Willful overpayment collection in another case;

·         Non-cooperation with the Department of Child Support Services (DCSS) requirements;

·         Sanctions imposed for GR Substance Abuse Services;

·         Welfare-to-Work sanction;

·         Non-compliance with immunization requirement; and

·         Non-cooperation with SSN requirements in another program.

 

NOTE:  General Relief (GR) sanctions for failure to comply with work requirements cannot be applied to CalFresh.

 

63-165.4

Adjustment to CalFresh Benefits

A. Disqualification For Failure to Comply with Work Requirements

When an individual is removed from the assistance unit (AU) in another program for failure to comply with a work requirement in that program, the worker must take the following actions:

If the individual disqualified for not complying with the other program’s work requirement:

Then the individual

Has a CalFresh Employment and Training exemption

 

Remains eligible to CalFresh if eligibility existed prior to the sanction.

·         The grant used to calculate the CalFresh budget should reflect the amount that the CalFresh household would have received if the sanction in the other program has not been imposed.

Is subject to the CalFresh Employment and Training requirements

 

Must be discontinued from the CalFresh case (if eligibility to CalFresh existed prior to the sanction.)

If the individual was not eligible to CalFresh prior to the sanction in the other case, the grant amount used to calculate the CalFresh benefit must reflect what it would have been if no sanction in the other program were applied.  The individual remains ineligible.

NOTE:  General Relief (GR) sanctions for failure to comply with work requirements cannot be applied to CalFresh.

B.  Benefit Reduction in Another Qualifying Program

When a financial penalty is applied to a means-tested program due to non-compliance, the amount used as income (the PA Grant) in CalFresh must be adjusted to reflect the amount that the CalFresh household would have received if the penalty were not applied.

If the assistance unit is not receiving CalFresh benefits at the time when the noncompliance occurs but is subsequently granted CalFresh, the CalFresh budget must reflect the higher cash grant amount for the remainder of the penalty period.

Refer to 63-247.3

 

63-165.5

Stopping the CalFresh Penalty

When the worker becomes aware that the household has complied with the requirement of the other program and the sanction/penalty from that program has been lifted, the CalFresh budget will be updated accordingly.