Santa Clara County Social Services Agency page 1 Date: 11/1/16 References: ACL 16-66 Cross-References: None Clerical: No Handbook Revision: Yes Update 2016-14: CalWORKs Revised: Repeal Of The Maximum Family Grant (MFG) Rule Background The Maximum Family Grant (MFG) rule provides that, for the purpose of determining the maximum aid payment (MAP), the number of needy persons in a family shall not include any child born into a family that has received cash aid continuously for ten months immediately prior to the child’s birth. This rule continues to apply until the family has not received aid for at least 24 consecutive months while the child was living with the family or until one of the exemptions to the rule have been met. Changes Effective January 1, 2017, due to the enactment of Assembly Bill (AB) 1603, no child will be denied aid because he/she was born into a family that received cash aid continuously for ten months immediately prior to their birth. This rule applies to children currently designated as MFG and future children born to the AU. This change will not be applied retroactively. The number of needy persons in a family shall not include the needs of a child subject to the MFG rule until 1/1/17. New Rule Children with MFG status will no longer be excluded by law, and their needs must be included in the cash grant effective 1/1/17. Children previously determined as MFG, who have been excluded from the Assistance Unit (AU), shall have their needs included when determining the MAP effective 1/1/17, if all other conditions of eligibility are met. The change in MFG status will be treated as a county-initiated mid-period change that must be acted upon with timely and adequate notice, even if the change results in a mid-period decrease to the family’s grant. page 2 Update 2016-14: CalWORKs Note: Child Support If removing the MFG status from a child and counting their income results in a decrease to the grant amount, the change must still take effect on 1/1/17, even if January is in the middle of their semi-annual reporting (SAR) period. As of 1/1/17, cases with former MFG children will be subject to child support requirements and shall be referred for child support services and collection. These families will only receive the first $50 of child support paid. Because the child support will be retained by the county and no longer provided directly to the family, this income cannot be reasonably anticipated and should not be used in the grant calculation. Safety Net, Long Term Sanction, Fleeing Felon and Ineligible non-citizen cases (K1/3F) cases with former MFG children will continue to directly receive any child support payments collected by the Local Child Support Agency (LCSA). Any reasonably anticipated child support income beyond the $50 disregard must now be counted as unearned income against the child-only grant. The changes described in this paragraph are county-initiated mid-period actions. Informing Eligibility Workers (EWs) must explain the changes to the child support requirements and collections to families with newly eligible child(ren) so that the family is aware that the amount of child support payments they receive will change and the penalties and sanctions that apply if they fail to follow the rules and. In addition, “Changes To The California Work Opportunity And Responsibility To Kids (CalWORKs) Maximum Family Grant (MFG) Rule” (TEMP 2260) is being mailed to all active CalWORKs clients in the month of November. CW 2.1 For recipients, a new Child Support Questionnaire (CW 2.1Q) form or referral to the LCSA is not needed if the child is already identified on an existing CW 2.1Q. As a condition of eligibility, the parent must agree to assign support rights in order to avoid the 25% child support penalty or sanction. The adult will also be required to cooperate with the LCSA in determining the paternity for the child and complying with the child support enforcement, unless good cause is found to exist. Other Income MFG children with unearned income, excluding child support, shall not have their income considered in the MAP until the beginning of the next reporting period, unless the income puts the AU over the Income Reporting Threshold (IRT). Update 2016-14: CalWORKs page 3 IRT When the AU size increases, the AU’s Tier Two Income Reporting Threshold (IRT) will also increase. As a reminder, recipients must be informed of their new IRT amount anytime it changes. CalFresh CalFresh (CF) benefits will be recalculated for those households whose CWs grants have been adjusted. As a result of the recalculation, the amount of CF benefits may decrease mid-period. CF households must receive an adequate notice of any change to their benefits as a result of the recalculation. CalWIN A mass update (MU) will occur on 12/10/16 to trigger programming to add MFG children back to their respective cases as of 1/1/17. A listing (DSR34861 CW MFG Children v2) will be provided to District Offices (DOs) that will identify the pending and active CWs cases that include MFG children. The cases identified on this report must be reviewed in order to verify and correct CalWIN data entries prior to and after the MU. The following windows must be reviewed and, if necessary, corrected prior to 12/31/16 to ensure that CalWIN programming is able to properly remove MFG coding: STEP ACTION Collect Case Individual Detail Review the Collect Case Individual Detail window to verify that the Requesting Assistance field is completed indicating “Y” to requesting aid for the MFG child. If necessary make corrections. Collect Student Detail Review the Collect Student Detail window to verify that all mandatory fields regarding school attendance are completed. If necessary, contact the client to confirm current school information. Collect Individual Immunization Detail Review and complete the Collect Individual Immunization Detail window with the current immunization information for children under the age of 6 years. If necessary, request verification of the current immunization status. Display Absent Parent Summary Review the Collect Absent Parent Information window to ensure that the CW 2.1 Agreement Singed [Y/N] field has been completed. If there is no CW 2.1 on file the client must be provided the opportunity to complete the form and comply with the child support requirement. [Refer to “Child Support [EAS 44-113.7],” page 28-10 page 4 Update 2016-14: CalWORKs STEP ACTION Display Child/ Spousal Income Summary The Display Child/Spousal Income Summary window must be updated with an Effective End Date (EED) of 12/31/16 for AUs who receive direct child support on behalf of a MFG child. A new income window must be created with an Effective Begin Date (EBD) of 1/1/17 to reflect the $50 disregard that the AU will receive. [Refer to “Child Support [EAS 44-113.7],” page 28-10 Display Unearned Income Summary Any unearned income received directly by the MFG child must be terminated with an EED of 12/31/16. On the Display Unearned Income Summary window create a new unearned income window with an EBD of 1/1/17 and set the Use Effective Month (UEM) for the beginning of the next payment period. Collect Case Special Indicators On the Collect Case Special Indicators window, remove the Batch AU Exception-CW with an EED of 12/31/16. The “Request For Verification Form” (CW 2200) must be used when making verification request to clients. Reminder: Any unearned income received directly by the MFG child will not decrease the grant mid-period unless the income puts the AU over the IRT. Intake Intake Eligibility Workers (EWs) must review cases containing MFG children to ensure that the necessary updates and changes have been made to the required windows and fields during the course of the application processing. Reminder: Former recipients who reapply for aid prior to 1/1/17 will not have the needs of a child subject to the MFG rule considered in calculating the cash aid grant until the new law goes into effect. Continuing Continuing EWs must review cases containing MFG children to ensure that the necessary updates and changes have been made to the required windows and fields during the regular course of business and/or at any point of contact with the client. DSR34861 CW MFG Children v2 will be provided to DOs to review existing cases that have been identified as containing an MFG child. Update 2016-14: CalWORKs page 5 Handbook Revision The CWs Handbook Chapter 8, Redeterminations, and Chapter 48, Maximum Family Grant (MFG), will be updated to reflect the change to MFG status. DSR34861 Listing, DSR34861 CW MFG Children v2, has been created to identify all active and pending cases that contain a child who is currently subject to the MFG rule. Forms The following forms have been modified and will be available in CalWIN: TEMP 2260 “Changes To The California Work Opportunity And Responsibility To Kids (CalWORKs) Maximum Family Grant (MFG) Rule (TEMP 2260) was created to inform CWs AUs of the changes to the MFG rule, effective January 1, 2017. This is a required form with no substitutes permitted. CalWIN will be mailing the TEMP 2260 to all active CalWORKs cases on November 1, 2016. The form will be mailed in English and included th “Notice of Language Services” (GEN1365). TM44-314 “Maximum Family Grant Repealed” (TM44-314) is a notice of action that is used to send to a CWs AU when their AU size has increased due to the inclusion of a child who was previously deemed subject to the MFG rule. This NOA message also informs AUs that their monthly grant has changed due to the inclusion of an additional AU member. Required Forms The following forms were revised to remove language referencing the MFG rule: • • • • Obsolete Forms “Support Questionnaire” (CW 2.1Q), “Notification of Intercounty Transfer” (CW 215), “Reminder For Teens Turning 18 Years Old” (CW 2103, and “Rights, Responsibilities And Other Important Information For the CalWORKs Program (Non-needy Caretaker Relative With Relative Foster Child)” (CW 2218) The following forms and NOA messages are obsolete as of January 1, 2017 as a result of the repeal of the MFG rule and should no longer be used: • • • • • “Maximum Family Grant, Approval” (M44-314), “Maximum Family Grant, Other” (M44-314A), “Maximum Family Grant, Change” (M44-314B), “Maximum Family Grant, Change” (M44-314C), and “The Maximum Family Grant (MFG) Rule For Recipients Of Cash Aid” (CW 2102) page 6 Update 2016-14: CalWORKs Implementation The information provided in this Update is effective 1/1/17 except for the changes necessary to CalWIN in coordination with the MU scheduled for 12/10/16. Other Programs The changes identified in this Update apply to the CalWORKs and CalFresh programs as mentioned above. DENISE BOLAND, DIRECTOR, Department of Employment and Benefit Services Contact Person(s): T. van den Akker, ADSS II, (408)755-7540.
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