Bill Text: CA AB2062 | 2015-2016 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: AB 2062 CHAPTERED
BILL TEXT
CHAPTER 795
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2016
APPROVED BY GOVERNOR SEPTEMBER 29, 2016
PASSED THE SENATE AUGUST 22, 2016
PASSED THE ASSEMBLY AUGUST 25, 2016
AMENDED IN SENATE AUGUST 17, 2016
AMENDED IN ASSEMBLY APRIL 20, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
INTRODUCED BY Assembly Member Lopez
(Coauthor: Assembly Member Gallagher)
FEBRUARY 17, 2016
An act to amend Sections 11265.3 and 11265.47 of the Welfare and
Institutions Code, relating to CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
AB 2062, Lopez. CalWORKs: income or household composition
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,
including CalWORKs assistance units that do not include an eligible
adult, and requires a recipient to notify the county, within 10 days,
if the recipient's household income exceeds the reporting threshold.
Existing law requires a CalWORKs assistance unit that does not
include an eligible adult to also notify the county, within 10 days,
of any change in the recipient's household composition. 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 or a change in household
composition, the county is required to discontinue the recipient from
CalWORKs or reduce the recipient's grant, with timely and adequate
notice, as specified. 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 for a recipient of
CalWORKs, or following a change in household composition for a
CalWORKs assistance unit that does not include an eligible adult, if
the recipient has reported the change and the county was unable,
before the first of the month following the change in income or
household composition, 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. The
bill would require the State Department of Social Services to issue
an all-county letter or similar instruction by July 1, 2017, and
adopt regulations by July 1, 2018, as necessary to implement these
provisions.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11265.3 of the Welfare and Institutions Code is
amended to read:
11265.3. (a) In addition to submitting the semiannual report form
as required in Section 11265.1, the department shall establish an
income reporting threshold for recipients of CalWORKs.
(b) The CalWORKs income reporting threshold 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
CalWORKs benefits.
(3) The amount likely to render the recipient ineligible for
federal Supplemental Nutrition Assistance Program benefits.
(c) A recipient 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) The household address has changed. The act of failing to
report an address change shall not, in and of itself, result in a
reduction in aid or termination of benefits.
(3) An incidence of an individual fleeing prosecution or custody
or confinement, or violating a condition of probation or parole, as
specified in Section 11486.5.
(d) At least once per semiannual reporting period, counties shall
inform each recipient of all of the following:
(1) The amount of the recipient's income reporting threshold.
(2) The duty to report under this section.
(3) The consequences of failing to report.
(e) When a recipient reports income exceeding the reporting
threshold, the county shall redetermine eligibility and the grant
amount as follows:
(1) If the recipient reports the increase in income for the first
through fifth months of a current semiannual reporting period, 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, the county shall discontinue the
recipient with timely and adequate notice, effective at the end of
the month in which the income was received.
(B) If it is determined that the recipient's grant amount should
decrease based on the increase in income, the county shall reduce the
recipient's grant amount for the remainder of the semiannual
reporting period with timely and adequate notice, effective the first
of the month following the month in which the income was received.
(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 sixth
month of a current semiannual reporting period, the county shall not
redetermine eligibility for the current semiannual reporting period,
but shall consider this income in redetermining eligibility and the
grant amount for the following semiannual reporting period, as
provided in Sections 11265.1 and 11265.2.
(f) Counties shall act upon changes in income voluntarily reported
during the semiannual reporting period that result in an increase in
benefits, only after verification specified by the department is
received. Reported changes in income that increase the grants shall
be effective for the entire month in which the change is reported. 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.
(g) (1) When a decrease in gross monthly income is voluntarily
reported and verified, the county shall recalculate the grant for the
current month and any remaining months in the semiannual reporting
period pursuant to Sections 11265.1 and 11265.2 based on the actual
gross monthly income reported and verified from the voluntary report
for the current month and the gross monthly income that is reasonably
anticipated for any future months remaining in the semiannual
reporting period.
(2) When the anticipated income is determined pursuant to
paragraph (1), and a grant amount is calculated based upon the new
income, if the grant amount is higher than the grant currently in
effect, the county shall revise the grant for the current month and
any remaining months in the semiannual reporting period to the higher
amount and shall issue any increased benefit amount as provided in
subdivision (f).
(h) During the semiannual reporting period, a recipient may report
to the county, orally or in writing, any changes in income and
household circumstances that may increase the recipient's grant.
Except as provided in subdivision (i), counties shall act only upon
changes in household composition voluntarily reported by the
recipients during the semiannual reporting period that result in an
increase in benefits, after verification specified by the department
is received. If the reported change in household composition is for
the first through fifth month of the semiannual reporting period and
results in an increase in benefits, the county shall recalculate the
grant effective for the month following the month in which the change
was reported. If the reported change in household composition is for
the sixth month of a semiannual reporting period, the county shall
not redetermine the grant for the current semiannual reporting
period, but shall redetermine the grant for the following reporting
period as provided in Sections 11265.1 and 11265.2.
(i) During the semiannual reporting period, a recipient 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 issue a notice informing the recipient of the
discontinuance.
(j) (1) This section shall become operative on April 1, 2013. A
county shall implement the semiannual reporting requirements in
accordance with the act that added this section no later than October
1, 2013.
(2) Upon implementation described in paragraph (1), each county
shall provide a certificate to the director certifying that
semiannual reporting has been implemented in the county.
(3) Upon filing the certificate described in paragraph (2), a
county shall comply with the semiannual reporting provisions of this
section.
SEC. 2. 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 or household
composition 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. 3. (a) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the State Department of Social Services shall implement this act
through an all-county letter or similar instruction issued by the
Director of Social Services no later than July 1, 2017.
(b) The department shall adopt regulations necessary to implement
this act no later than July 1, 2018.
SEC. 4. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of this act.
SEC. 5. 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.
