SECTIONS 10790-10791 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 10790-10791

10790. (a) The director, in consultation with the County Welfare
Directors Association and at least one advocate for welfare
recipients, shall establish, within the Aid to Families with
Dependent Children (AFDC) program (Chapter 2 (commencing with Section
11200) of Part 3), and the Food Stamp Program (Chapter 10
(commencing with Section 18900) of Part 6), the Consolidated Public
Assistance Eligibility Determination Demonstration Project.
(b) (1) The director shall, by formal order, waive the enforcement
of those regulations and standards necessary to implement the
project with federal approval, in order to implement the
demonstration project.
(2) The order establishing the waiver authorized by paragraph (1)
shall meet all of the following requirements:
(A) It shall provide alternative methods and procedures of
eligibility administration.
(B) It shall not conflict with the basic purposes or coverage
provided by law.
(C) The director shall determine, based on estimates, the impact
of the proposed changes on AFDC and food stamp recipients. The order
shall be implemented only if no more than 5 percent of the recipients
are expected to experience a net benefit reduction.
(D) Applications for, and restorations of, aid shall be processed
in the shorter of the time periods required for the AFDC and Food
Stamp programs, when differences exist between the two programs.
(E) It shall not be general in scope and shall apply only to the
project authorized by this section.
(3) The order establishing the waiver authorized by paragraph (1)
shall take effect only if the appropriate federal agencies have
agreed to approve the demonstration project and to waive those
federal requirements that are necessary for waiver under the project.
(c) Applicants and recipients under this chapter shall be entitled
to the same rights and fair hearings and appeals as those to which
they would otherwise be entitled under the AFDC program (Chapter 2
(commencing with Section 11200) of Part 3) and the Food Stamp Program
(Chapter 10 (commencing with Section 18900) of Part 6).
(d) The director shall include in the request for any waivers
necessary for the implementation of this demonstration project the
declaration that if any of the specific elements, pursuant to Section
10791, are deemed unwaivable or are not granted, the other elements
may be considered independently and waived as permitted under federal
law.
(e) The director may exclude from the request for waivers any
specific element, pursuant to subparagraph (D) of paragraph (2) of
subdivision (b) of this section or Section 10791, determined to be
not cost-effective due to significant General Fund costs.

10791. The demonstration program provided for in Section 10790
shall, at a minimum, include the following elements:
(a) Uniform 30 percent disregard from gross earned income and
waiver of the 100-hour limit on employment for AFDC-Unemployed
recipient eligibility.
(b) Uniform definition of allowable child care disregards for
full- or part-time care.
(c) It shall not be presumed that any transfer of property made
within three months prior to the time the application was made for
purposes of becoming eligible for food stamps.
(d) Exemption of personal loans as property where a reasonable
repayment plan is in place. A reasonable repayment plan shall be
defined as a statement from the lender specifying that the money
shall be paid back at a future point in time when the individual is
able to do so.
(e) Use of standard shelter allowances based on local housing
prices without verification in lieu of verified shelter costs.
(f) Exclusion from income financial aid and work study payments
that are computed based on need consistent with Section 11008.10.
(g) Application of good cause determinations related to late
submission of monthly income reports for food stamp recipients who
also receive AFDC benefits.
(h) Qualification as categorically eligible for food stamps any
individual who is apparently eligible for or has been granted AFDC
benefits.
(i) Disregarding as income, for food stamps, the first fifty
dollars ($50) of child support received, as currently provided for
under the AFDC program, to the extent federal funding is available.
(j) Uniform treatment of room and board income, consistent with
AFDC program regulations.
(k) Requirement for signatures on monthly income reports,
consistent with AFDC program regulations.
(l) Standard deduction for expenses related to self-employment
income.
(m) Both programs shall exempt one motor vehicle from property to
be considered in determining eligibility.
(n) Both programs shall compute the value of any motor vehicle not
exempt from consideration in determining eligibility by subtracting
the amount of encumbrances from the fair market value. If an
applicant, a recipient, or a county does not agree with the value of
a vehicle arrived at through this methodology, the applicant or
recipient shall be entitled to the use of either of the following
methods for evaluating the motor vehicle:
(1) Submit three appraisals. An appraisal may be made under this
paragraph by a car dealer, insurance adjuster, or a personal property
appraiser. The average of the three independent appraisals shall be
used by the county in evaluating the motor vehicle.
(2) Obtain an appraisal from a county-appointed appraiser.
(o) Adoption of an exclusion from income for both the AFDC and
Food Stamp programs of one hundred dollars ($100) per quarter, in
lieu of the AFDC nonrecurring gift exclusion and the food stamp
irregular or infrequent income exclusion.
(p) Standardization of county retention percentages for collection
of erroneous payments.
(q) Upon receipt of federal approval of this demonstration project
the department, in consultation with the Department of Finance, may
delay implementation of any elements determined to be not
cost-effective until funds are appropriated by the Legislature. The
department shall report to the Legislature within that year on the
reasons for the determination of non-cost-effectiveness and the
changes necessary to make the element cost-effective.