10790-10791
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.