Bill Text: CA AB2062 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: CalWORKs: income or household composition reporting: benefit redetermination.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-09-29 - Chaptered by Secretary of State - Chapter 795, Statutes of 2016. [AB2062 Detail]

Download: California-2015-AB2062-Introduced.html

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BILL NUMBER: AB 2062	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 17, 2016

   An act to amend Section 11265.47 of the Welfare and Institutions
Code, relating to CalWORKs.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 11265.47 of the Welfare and Institutions Code
is amended to read:
   11265.47.  (a) The department shall establish an income reporting
threshold for CalWORKs assistance units described in subdivision (a)
of Section 11265.45.
   (b) The income reporting threshold described in subdivision (a)
shall be the lesser of the following:
   (1) Fifty-five percent of the monthly income for a family of three
at the federal poverty level, plus the amount of income last used to
calculate the recipient's monthly benefits.
   (2) The amount likely to render the recipient ineligible for
federal Supplemental Nutrition Assistance Program benefits.
   (3) The amount likely to render the recipient ineligible for
CalWORKs benefits.
   (c) A recipient described in subdivision (a) of Section 11265.45
shall report to the county, orally or in writing, within 10 days,
when any of the following occurs:
   (1) The monthly household income exceeds the threshold established
pursuant to this section.
   (2) Any change in household composition.
   (3) The household address has changed.
   (4) An incidence of an individual fleeing prosecution or custody
or confinement, or violating a condition or probation or parole, as
specified in Section 11486.5.
   (d) When a recipient described in subdivision (a) of Section
11265.45 reports income or a household composition change pursuant to
subdivision (c), the county shall redetermine eligibility and grant
amounts as follows:
   (1) If the recipient reports an increase in income or household
composition change for the first through 11th months of a year, the
county shall verify the report and determine the recipient's
financial eligibility and grant amount.
   (A) If the recipient is determined to be financially ineligible
based on the increase in income or household composition change, the
county shall discontinue the recipient with timely and adequate
notice, effective at the end of the month in which the change
occurred.
   (B) If it is determined that the recipient's grant amount should
decrease based on the increase in income, or increase or decrease
based on a change in household composition, the county shall increase
or reduce the recipient's grant amount for the remainder of the year
with timely and adequate notice, effective the first of the month
following the month in which the change occurred. 
   (C) If a recipient has reported a change in income in accordance
with subdivision (c), an overpayment shall not be assessed for the
following month if the county was unable to provide 10-days' notice
of the termination or reduction in benefits before the first of the
month following the month in which the change occurred. 
   (2) If the recipient reports an increase in income for the 12th
month of a grant year, the county shall verify this report and
consider this income in redetermining eligibility and the grant
amount for the following year.
   (e) During the year, a recipient described in subdivision (a) of
Section 11265.45 may report to the county, orally or in writing, any
changes in income that may increase the recipient's grant. Increases
in the grant that result from reported changes in income shall be
effective for the entire month in which the change is reported and
any remaining months in the year. If the reported change in income
results in an increase in benefits, the county shall issue the
increased benefit amount within 10 days of receiving required
verification.
   (f) During the year, a recipient described in subdivision (a) of
Section 11265.45 may request that the county discontinue the
recipient's entire assistance unit or any individual member of the
assistance unit who is no longer in the home or is an optional member
of the assistance unit. If the recipient's request is verbal, the
county shall provide a 10-day notice before discontinuing benefits.
If the recipient's request is in writing, the county shall
discontinue benefits effective the end of the month in which the
request is made, and simultaneously shall issue a notice informing
the recipient of the discontinuance.
   (g) This section shall become operative on the first day of the
first month following 90 days after the effective date of the act
that added this section, or October 1, 2012, whichever is later.
  SEC. 2.  No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of this act.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.