SECTIONS 15525 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 15525

15525. (a) The State Department of Social Services shall establish
a Work Incentive Nutritional Supplement (WINS) program pursuant to
this section.
(b) Under the WINS program established pursuant to subdivision
(a), each county shall provide a forty dollar ($40) per month
additional food assistance benefit for each eligible food stamp
household, as defined in subdivision (d).
(c) The state shall pay to the counties 100 percent of the cost of
WINS benefits, using funds that qualify for the state's maintenance
of effort requirements under Section 609(a)(7)(B)(i) of Title 42 of
the United States Code.
(d) For purposes of this section, an "eligible food stamp
household" is a household that meets all of the following criteria:
(1) Receives benefits pursuant to Chapter 10 (commencing with
Section 18900) of Part 6.
(2) Has no household member receiving CalWORKs benefits pursuant
to Chapter 2 (commencing with Section 11200).
(3) Contains at least one child under 18 years of age, unless the
household contains a child who meets the requirements of Section
11253.
(4) Has at least one parent or caretaker relative determined to be
"work eligible" as defined in Section 261.2(n) of Title 45 of the
Code of Federal Regulations and Section 607 of Title 42 of the United
States Code.
(5) Meets the federal work participation hours requirement set
forth in Section 607 of Title 42 of the United States Code for
subsidized or unsubsidized employment, and provides documentation
that the household has met the federal work requirements.
(e) (1) In accordance with federal law, federal food stamp
benefits (Chapter 10 (commencing with Section 18900) of Part 6),
federal supplemental security income benefits, state supplemental
security program benefits, public social services, as defined in
Section 10051, and county aid benefits (Part 5 (commencing with
Section 17000)), shall not be reduced as a consequence of the receipt
of the WINS benefit paid under this chapter.
(2) Benefits paid under this chapter shall not count toward the
federal 60-month time limit on aid as set forth in Section 608(a)(7)
(A) of Title 42 of the United States Code. Payment of WINS benefits
shall not commence before October 1, 2012, and full implementation of
the program shall be achieved on or before April 1, 2013.
(f) (1) 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 and
Section 10554), until emergency regulations are filed with the
Secretary of State pursuant to paragraph (2), the State Department of
Social Services may implement this section through all-county
letters or similar instructions from the director. The director may
provide for individual county phase-in of this section to allow for
the orderly implementation based upon standards established by the
director, including the operational needs and requirements of the
counties. Implementation of the automation process changes shall
include issuance of an all-county letter or similar instructions to
counties by March 1, 2012.
(2) The department may adopt regulations to implement this
chapter. The initial adoption, amendment, or repeal of a regulation
authorized by this section is deemed to address an emergency, for
purposes of Sections 11346.1 and 11349.6 of the Government Code, and
the department is hereby exempted for that purpose from the
requirements of subdivision (b) of Section 11346.1 of the Government
Code. After the initial adoption, amendment, or repeal of an
emergency regulation pursuant to this paragraph, the department may
request approval from the Office of Administrative Law to readopt the
regulation as an emergency regulation pursuant to Section 11346.1 of
the Government Code.
(g) (1) The department shall not fully implement this section
until the department convenes a workgroup of advocates, legislative
staff, county representatives, and other stakeholders to consider the
progress of the WINS automation effort in tandem with a
pre-assistance employment readiness system (PAERS) program and any
other program options that may provide offsetting benefits to the
caseload reduction credit in the CalWORKs program. The department
shall convene this workgroup on or before December 1, 2011.
(2) A PAERS program shall be considered in light of current and
potential federal Temporary Assistance for Needy Families (TANF)
statutes and regulations and how other states with pre-assistance or
other caseload offset options are responding to federal changes.
(3) The consideration of program options shall include, but not
necessarily be limited to, the potential impacts on helping clients
to obtain self-sufficiency, increasing the federal work participation
rate, increasing the caseload reduction credit, requirements and
efficiency of county administration, and the well-being of CalWORKs
recipients.
(4) If the workgroup concludes that adopting a PAERS program or
other program option pursuant to this section would, on balance, be
favorable for California and its CalWORKs recipients, the department,
in consultation with the workgroup, shall prepare a proposal by
March 31, 2012, for consideration during the regular legislative
budget subcommittee process in 2012.
(5) To meet the requirements of this subdivision, the department
may use its TANF reauthorization workgroups.