CalFresh Handbook

page 27-1 Work Registration

27. Work Registration

27.1 Requirements 27.1.1

Overview [63-407.1]

All adults age 16 through 59 who are not exempt must be registered for work at application and once every 12 months after initial registration. [Refer to “Registration Procedures,” page 27-10 for directions on how to register someone for work.]

27.1.2

Expedited Service

If a household is entitled to Expedited Service (ES), the applicant and all other household members shall be registered for work prior to certification unless exempt from the work registration requirement. The EW shall attempt to verify questionable work registration exemptions, but shall postpone these efforts if they cannot be accomplished within ES time frames.

27.1.3

Strikers

Strikers are subject to the work registration requirements unless they qualify for an exemption. A household shall not be denied solely because a member of that household is on strike.

27.1.4

Substitute Programs [63-407.23]

CalFresh regulations allow individuals who are NOT EXEMPT from the CalFresh work registration requirement to meet the requirement through registration in substitute programs. Santa Clara County uses Central Intake Unit [CIU (RS 3)] and Employment Development Department - Job Services [EDD-JS (GEN 827)] as substitute programs to meet the CalFresh work registration requirement for Refugee Cash Aid (RCA) and Entrant Cash Aid (ECA) individuals, who are not otherwise exempt. Individuals registered in these programs are considered as registered for work under CalFresh and are considered CalFresh work registrants. Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-2 Work Registration

Within 10 days after an individual is deregistered from the substitute program, or is discontinued from RCA/ECA, he/she must be registered in the CalFresh work program. To do this, document the change in work-registered status on the Maintain Case Comments window and follow the “Registration Procedures” for “All HHs” described in this section. [Refer to “All HHs,” page 27-10.]

27.2 Exemptions [63-407.21] An individual may be exempt from CalFresh work registration requirements for any of the following reasons: • • • • • • •

Under 16 or reached 60th birthday. Physically or mentally unfit for work. Registered for Employment Services Program (formerly GAIN) Caretaker for child under 6 or incapacitated person. Receives/pending UIB and registered for work as part of UIB process. Participant in a drug addiction or alcoholic rehabilitation facility/program. Employed/self employed at least 30 hours a week or has earnings equal to federal minimum wage for 30 hours a week. • Student enrolled at least half-time in high school/training program. • Student enrolled at least half-time in an institution of higher education and meets the “Student Criteria”. • T & U Visa recipients.

27.2.1

Age

Exempt anyone • Under 16 years of age. A child who turns 16 during a certification period is required to register for work at the next recertification unless otherwise exempt. • Age 16 or 17 who is: • Not the head of the household, or • Attending school or enrolled in an employment training program at least half-time. A 16 or 17 year old head of household is required to register for work unless otherwise exempt. • 60 years of age or older. Revised: 06/30/10

Update #10-15

CalFresh Handbook

27.2.2

page 27-3 Work Registration

Physically or Mentally Unfit

Exempt someone who is physically or mentally unfit for employment. This exemption may be established by one of the following: • Receipt of Social Security Disability, State Disability Insurance (SDI), or Worker's Compensation. • Obvious physical evidence (i.e., hospitalized, bedfast, chairbound, requiring an assistive medical appliance, or a broken limb set in a cast). • A signed written statement from the client's doctor including a licensed physician, psychologist or chiropractor. This statement must say that: • The client is unable to work, and • The length of the incapacity. Note: An individual qualifies for the unfitness exemption if a doctor verifies that the individual has a physical or mental condition, which is expected to last at least 30 days and significantly impairs the individual’s ability to be regularly employed or participate in employment and training activities. When these criteria are met for all or part of any month, the client shall be considered exempt for that month. If the client does not have a written statement from a doctor, the client shall be given a “Authorization to Release Medical Information” (CW 61 packet) or a “General Assistance Program Request for Medical Information (SC 1400) to take to the doctor for verification. • The CW 61 or the SC 1400 can either be returned by the client in person or mailed to the EW. • In CalFresh the cost of acquiring medical verification is the applicant/recipient responsibility. THE COUNTY WILL NOT PAY FOR THE MEDICAL REPORT. If the client has a stated incapacity which has not been verified in one of the above manners, the client may be registered for work pending verification: • Note next to the work registration documentation on the Maintain Case Comments window that the client has an “unverified incapacity.”

Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-4 Work Registration

• Use the appropriate PEC code to show that the client is registered for work. If the incapacity is later verified, change the PEC code to the one used for incapacity exemption. When the CalFresh applicant/recipient has been classified for General Assistance (GA) purposes as employable-exempt or conditionally unemployable, special care must be taken. • GA clients who CAN provide verification of incapacity will be exempt from CalFresh work registration, even though they may have a work registration requirement for GA. • GA clients who CANNOT provide verification of incapacity for CalFresh will be required to register for work for CalFresh, even though they may be exempt for GA purposes.

27.2.3

Registered with Employment Services Program

Exempt someone who is already registered with the Employment Services Program. The exemption ends if the individual: • Is deregistered from the Employment Services Program, or • Is discontinued from CalWORKs.

27.2.4

Care of a Child Under Six/Incapacitated Person

Exempt a parent or other household member who is responsible for the care of: • A child under six, or • An incapacitated person. For CalFresh, being pregnant does not meet the definition of caretaker. A pregnant public assistance recipient who is 16 or over, and who has no other children, must register for work (unless she qualifies for another exemption). If a child turns six during a certification period, the caretaker must register for work at the next recertification, unless otherwise exempt. Example: Child turns six in May and the certification period ends in July. The caretaker would have to register at the July recertification unless otherwise exempt. Revised: 06/30/10

Update #10-15

CalFresh Handbook

page 27-5 Work Registration

For purposes of the incapacity exemption, an individual is considered “responsible” for the care of an incapacitated person, when the care precludes employment of at least 30 hours per week. A doctor’s statement should be requested to verify the incapacity and identify the number of hours for which care is needed if at all questionable. Note: An individual who cares for an incapacitated person is exempt from CalFresh work requirements, regardless of whether the incapacitated person is part of the CalFresh household or eligible for CalFresh benefits. A work registrant caring for an incapacitated parent who is a CalFresh applicant can be exempted from work registration based on “good cause,” because the circumstances are beyond the registrant’s control. If a mother and another member of the household both claim to be responsible for the care of the same dependent child(ren) or of incapacitated adults, the actual responsibility should be determined by discussion with the applicant. Only one household member may be exempt to care for children. When there are both children and an incapacitated adult in the home, only one household member may be exempt to care for all of them unless: • The incapacitated person is so critically ill as to require the caretaker's TOTAL attention, and • A doctor's note is on file as verification.

27.2.5

UIB Recipient/Applicant

Exempt someone who: • Is receiving UIB, or • Applied for, but has not yet begun to receive UIB, if that person was required to register for work with EDD as part of the UIB application process. If work registration is questionable, the EW must verify with EDD that the client is work registered and complying with EDD's requirements. If Unemployment Insurance Benefits are denied or terminated due to failure to comply with EDD’s work registration requirements, the client must be disqualified for CalFresh. [Refer to “Failure to Comply with a Substitute Program’s Work Requirements,” page 27-19].

Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-6 Work Registration

27.2.6

Drug/Alcohol Rehabilitation Program

Exempt a regular participant in a drug addiction or alcoholic treatment and rehabilitation program. • The program must be conducted by a private nonprofit organization or institution or a publicly operated community mental health center. • The individual's participation in the program shall preclude employment of at least 30 hours per week. This may or may not be a residential program. Participation in Alcoholics Anonymous, Al-Anon or methadone maintenance programs usually does not preclude employment. The participant would not then be exempt.

27.2.7

Employed/Self-employed

Exempt someone who is: • Employed or self-employed and working a minimum of 30 hours weekly, or • Receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 hours. • This employment must be paid. Individuals who work as unpaid volunteers for a period of over 30 hours or more per week will not be exempt from the work registration requirement unless they meet other exemption criteria.

27.2.8

Students

The chart below shows students who are exempt from work registration if enrolled at least half-time in a recognized school or training program. RECOGNIZED SCHOOL OR TRAINING PROGRAM

STUDENT (1/2 TIME OR MORE) EXEMPT FROM WORK REGISTRATION?

* These courses do not require class attendance, and therefore allow the participant time to seek employment. ** [Refer to “Students,” page 30-1.]

Revised: 06/30/10

Update #10-15

CalFresh Handbook

page 27-7 Work Registration

High School (Secondary School)

Yes, even if the student is 18 or older Includes students enrolled in ESL or GED classes for part or all of the units necessary to meet the school’s definition of half-time participation.

General Educational Development (GED)*

No

Correspondence School*

No

Job Training

Yes

Refugee Training Program (including Match Grant & Employability Services Program)

Yes

Post-Secondary School

Yes

Institution of Higher Education**

Yes, if student meets Student Eligibility Criteria**

* These courses do not require class attendance, and therefore allow the participant time to seek employment. ** [Refer to “Students,” page 30-1.]

Half-time enrollment can be determined by: • Comparing the average number of hours a minor student (under age 18) spends in class in the local community to the number of hours the specific student is in school, or • Dividing in half the number of hours which the school has established as full-time for a specific curriculum in which the student is involved. A student enrolled in a school, training program or institution of higher education remains exempt during normal periods of class attendance, vacation and recess. However, persons who are not enrolled at least half-time or who experience a break in their enrollment status due to graduation, expulsion, suspension, or who dropout, are no longer exempt. [Refer to “Loss of Exemption [63-407.22],” page 27-9.]

27.2.9

T & U Visa

Holders of T or U Visas are not subject to work registration requirements. Because these individuals are not granted work permits and Social Security Numbers, they are not able to comply with the work registration requirements.

Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-8 Work Registration

27.2.10

Verification

Verification is not required unless specifically mentioned here, or the exemption is questionable. Exemptions must be documented on the Maintain Case Comments window. Approval of the of the Paid Family Leave (PFL) can be used as verification for the exemption of work registration.

27.2.11

Cash Aid Programs

Work registration exemptions for cash aid and CalFresh must be determined separately.

CalWORKs There are two CalWORKs work registration exemptions that DO NOT exist for CalFresh. Clients with these CalWORKs work exemptions must register for work for CalFresh: • Domestic Abuse Exemption for CWES. • Non-parent caretaker relative caring for a child who is a dependent/ward of the court or a child at risk of placement in Foster Care. Note: Review to see if the person would qualify for any other work registration exemption such as "Required in the home to care for an incapacitated person" or "Mentally Incapacitated".

RCA RCA and CalFresh work registration exemptions differ as follows: • Age - This exemption begins at age 65 for RCA, but at age 60 for CalFresh. • Pregnancy - There is no pregnancy exemption for CalFresh.

Revised: 06/30/10

Update #10-15

CalFresh Handbook

page 27-9 Work Registration

27.3 Loss of Exemption [63-407.22] When a person loses an exemption due to a change in circumstance(s) which is SUBJECT TO REPORTING REQUIREMENTS, that person shall be workregistered at the time the change is reported. To do this, document the change from exempt to work-registered status on the Maintain Case Comments window and follow the “Registration Procedures” for “All HHs” described in this section. When a person loses their exemption status due to a change in circumstance(s) which is NOT SUBJECT TO REPORTING REQUIREMENTS, that person shall be registered at the next certification. The chart below shows which changes are subject to reporting requirements. CHANGES SUBJECT TO REPORTING REQUIREMENTS

CHANGES NOT SUBJECT TO REPORTING REQUIREMENTS

Income (such as the loss of a job or cash aid)

Loss of student status

Deductions

Youngest child turns 6

Household composition (such as when a dependent child leaves home and only the previously exempted caretaker remains)

Child turns 18

Other circumstances which impact the amount of the CalFresh allotment Denial or discontinuance of UIB

Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-10 Work Registration

27.4 Registration Procedures 27.4.1

All HHs

Follow the steps below for all applicants/recipients who are not exempt from work registration. Step

Action

1.

Explain to the head of household the: • Work registration requirements. • Consequences of failure to comply with these requirements. • Disqualifications, if a CalFresh work registrant or an individual exempted from work registration due to employment [Refer to “Employed/Self-employed,” page 27-6] voluntarily quits a job without good cause. Document in the Maintain Case Comments window:

2.

• That the individual is registered for work for CalFresh, and • The month, day, and year when this is documented. 3.

27.4.2

Register the client for CalFresh work registration.

GA

In addition to the procedure above, CalFresh applicants/recipients who receive GA must also register for work at Vocational Services (VS) for the CalFresh Employment and Training (CalFresh E&T) Program. Work registrants must comply with the CalFresh E&T Program requirements, including completion of assigned component(s) by VS.

27.4.3

12-Month Registration Period

The 12-month work registration period begins with the month that work registration is documented on the application form (DFA 285-A2 or SAWS 2). An individual who has been discontinued for more than 30 days will need to be registered again. A new 12-month period will then begin.

Revised: 06/30/10

Update #10-15

CalFresh Handbook

page 27-11 Work Registration

Example: Benefits issued in the month of application: Client applies for CalFresh on May 14. On the 14th the CalFresh application is completed and signed. Work registration is documented by the EW on the same date. CalFresh are issued for May on May 18. Work registration will be valid for May through the whole month of April the following year. Example: Benefits issued in the month after application: Client applies for CalFresh on May 16. On May 26, the CalFresh application is completed and signed. Work registration is documented by the EW on the same date. Income verification was brought in on June 1. CalFresh are issued on June 1 for May and June. Work registration is valid for May through the whole month of April the following year. Example: Break in Benefits: Client applies for CalFresh on February 14. All forms are completed and eligibility is approved. Work registration is documented on February 14. CalFresh are issued on February 18 for February and continuing. The client is discontinued June 30. A reapplication is made on July 10. All forms are completed. A new work registration is not required because the break in benefits was less than 30 days. Document the original work registration date on the new application. Re-enter the PEC code with the original expiration date. Note: A new 12-month work registration period may be initiated instead of continuing the old one.

Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-12 Work Registration

27.5 Registrant Requirements 27.5.1

Overview

Work registrants must meet the following requirements for CalFresh when requested by the agency with which they are registered (that is, Employment Services, EDD, VS): • Comply with the specific program requirements. • Respond to a request for supplemental information regarding employment status or availability for work. • Report to an employer to whom they are referred, if the potential employment meets suitability requirements. [Refer to “Unsuitable Employment [63-407.7],” page 27-13 for further information.] • Accept a bona fide offer of suitable employment. • Continue suitable employment until: • It is no longer considered suitable, or • The registrant is terminated from employment due to circumstances beyond their control, or • The registrant becomes exempt from work registration. • Not to reduce hours of employment to less than 30 hours per week without good cause. Good Cause includes when the pay for the new job (which is less than 30 hours per week) is equal to or more than the pay for the old job (which was more than 30 hours per week). • Comply with the CalFresh Employment and Training (CalFresh E&T) Program requirements, including completion of assigned component(s).

Revised: 06/30/10

Update #10-15

CalFresh Handbook

27.5.2

page 27-13 Work Registration

Unsuitable Employment [63-407.7]

The chart below describes employment which is considered unsuitable. Applicants/recipients are NOT required to accept unsuitable employment as a condition of CalFresh eligibility. Below minimum wage

Salary is LESS than the highest of: • The applicable federal minimum wage; • The applicable state minimum wage; or • 80% of the federal minimum wage if neither the federal nor state minimum wage is applicable.

Piecework below minimum wage

The employment offered is on piecework basis and the average hourly yield the employee can reasonably be expected to earn is less than the applicable hourly wages specified above.

Labor organization requirement

The household member, as a condition of employment or continuing employment, is required to join, resign from, or refrain from joining any legitimate labor organization.

Strike or lockout

The work offered is at a site subject to strike or lockout at the time of the offer.

Health and Safety Risk*

The degree of risk to health and safety is unreasonable.

HH member physically or mentally unfit for the job

The member is physically or mentally unfit to perform the employment, as documented by medical evidence or by reliable information from other sources.

Outside HH member's major field of experience*

The employment offered within the first 30 days of registration is not in the member's major field of experience.

Unreasonable commute*

The distance from the member's home to the place of employment is unreasonable considering the expected wage and the time and cost of commuting. This includes situations where the: • Individual must spend more than 2 hours per day commuting (exclusive of transporting children to and from child care). • Distance to the place of employment prohibits walking and there is no public or private transportation available to get the person to the job site.

Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-14 Work Registration Religious interference*

The working hours or nature of the employment interferes with the member's religious observance, convictions or beliefs. EXAMPLES: • A Sabbatarian could refuse to work on the Sabbath. • A person whose religion forbids any contact with liquor could refuse to work in a liquor store.

*VS and the EW shall notify each other upon discovery of this information.

27.5.3

CalFresh E&T Components

The chart below describes the two VS CalFresh E&T components. Unsupervised Job Search

Public Work Assignment

Recipient required to make 6-12 job contacts per week (or 24 to 48 job contacts in 4 weeks and 48 to 96 job contacts in 8 weeks.

Recipient required to work at a public agency work project for 3 to 7 days (according to the GA grant level).

27.6 Deferrals 27.6.1

CalFresh E&T Deferrals [63-407.811]

A client who is work-registered and referred to CalFresh E&T may be deferred from CalFresh E&T participation by VS. A deferral takes place AFTER the client is work-registered, and postpones compliance with all work registration (CalFresh E&T) activities. VS determines whether a work-registrant referred to them should be deferred from CalFresh E&T participation. A deferral differs from an exemption because: • An exemption allows an individual not to register for work. • A deferral allows a client who is registered for work to postpone participation in CalFresh E&T activities for a period of time. Revised: 06/30/10

Update #10-15

CalFresh Handbook

page 27-15 Work Registration

A work registrant may be deferred from CalFresh E&T participation for: • • • • • •

Physical or mental problems. Lack of child care. Lack of transportation; remoteness. Family difficulties. Legal difficulties. Temporary unemployment (expected to return to work within 60 days).

A deferral is made for a specific time period. VS may defer a registrant from job search for any period of time up to the entire certification period. VS will notify the EW when a client is deferred from participation in CalFresh E&T. Example: An applicant/recipient who has a death in the immediate family may be temporarily deferred by VS from participation in the CalFresh E&T program. Example: VS may defer a client from participation in the CalFresh E&T program if the client develops medical problems after being work-registered. If the EW obtains medical verification of incapacity, the EW shall then exempt the client from work registration.

27.7 Disqualification Overview The chart below provides an overview of the work requirement and voluntary quit disqualifications.

DISQUALIFICATION CAUSE

WHO TO DISQUALIFY

WHICH OCCURRENCE

DISQUALIFICATION PERIOD

WORK REQUIREMENTS OR VOLUNTARY JOB QUIT

Non-cooperating individual

First Disqualification after 2/1/97

1 month

WORK REQUIREMENTS OR VOLUNTARY JOB QUIT

Non-cooperating individual

Second Disqualification after 2/1/97

3 months

WORK REQUIREMENTS OR VOLUNTARY JOB QUIT

Non-cooperating individual

Third And Each Subsequent Disqualification after 2/1/97

6 months

Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-16 Work Registration

27.8 Work Requirement Disqualifications 27.8.1

Overview

When a CalFresh work registrant fails to comply with the work registration requirements without good cause, a disqualification must be applied.

27.8.2

Good Cause [63-407.5]

When a CalFresh work registrant fails to comply with the CalFresh E&T work registration requirements, Vocational Services (VS) is responsible for determining good cause. Good cause includes circumstances beyond the household member's control such as, but not limited to: • • • • • •

Illness. Illness of another household member requiring the presence of the member. A household emergency. Unavailability of transportation. Problems caused by inability to speak, read, or write English. Lack of adequate child care for children age six through eleven.

When evaluating good cause for failure to comply, VS considers the facts and circumstances presented by the household member, and/or reported by the employer.

27.8.3

Disqualification Period - Recipients

VS will notify the EW when a CalFresh work registrant fails to comply with a work requirement without good cause. Within ten (10) days after this notification, the EW must send a Notice of Action (NOA) informing the registrant of the disqualification. Begin the disqualification period effective the first of the month after a 10-day NOA can be sent. [Refer to “NOA Deadlines [63-407.5],” page 27-20.]

Revised: 06/30/10

Update #10-15

CalFresh Handbook

page 27-17 Work Registration

Use the following chart to determine the appropriate disqualification period for failure to comply with a work requirement. IF THIS IS THE . . .

THEN DISQUALIFY THE INDIVIDUAL FOR...

First work registration and/or voluntary quit disqualification after February 1, 1997,

ONE calendar month.**

Second work registration and/or voluntary quit disqualification after February 1, 1997,

THREE calendar months.**

Third or subsequent work registration and/or voluntary quit disqualification after February 1, 1997,

SIX calendar months.**

**EXCEPTION: The disqualification period ends when an individual under disqualification qualifies for a work registration exemption.

Example: On June 15th, the EW receives a VS notification that a CalFresh work registrant has failed without good cause to comply with work requirements. This is the first non-cooperation disqualification. That same day, the EW sends a “Notice of Disqualification” (DFA 377.10) to advise the household that a disqualification period will be imposed effective July 1st through July 31st. Example: On September 24th, the EW receives a VS notification that a CalFresh work registrant has failed to comply with work requirements for a second time and sends a DFA 377.10 to advise the household that a three-month disqualification will be imposed. The disqualification will be imposed from November 1st through January 31st.

27.8.4

Disqualification Period - Applicants

If an individual’s CalFresh E&T noncompliance is without good cause and is discovered prior to approval of his/her application, the individual is ineligible for benefits and their portion of the application must be denied. A minimum of one, three, or six month CalFresh disqualification is not imposed. The individual remains ineligible as long as he/she fails to meet eligibility requirements, including participating in the CalFresh E&T program. Note: If the noncompliance is discovered after the application is approved, then a one, three or six month disqualification is prospectively applied. Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-18 Work Registration

27.8.5

Ending a Work Requirement Disqualification

The following rules apply to ending a Work Requirement Disqualification: • Following the completion of the minimum disqualification period, an individual who is otherwise eligible, may apply for CalFresh and be approved if it is determined that the individual is in compliance with the CalFresh work registration requirements. • For the purpose of this provision, in compliance means the individual is fulfilling one of the CalFresh work registration requirements, or he/she agrees to fulfill the requirements listed in Section 27.5.1. • If an individual qualifies for any of the exemptions listed in Section 27.2 during the disqualification period, the disqualification period shall end and the individual may reestablish eligibility by reapplying for CalFresh benefits, if otherwise eligible. • An individual subject to the ABAWD work requirement who is also disqualified for failing to comply, may not regain eligibility until the ABAWD rules are also met. (Not applicable while the County is currently granted an ABAWD waiver.)

27.8.6

Failure to Comply with CalWORKs Employment Services (CWES) or with UIB/EDD

If the EW is informed that a work registrant has refused or failed without good cause to comply with a CWES work requirement (including a Community Service assignment) or with the UIB work requirement (if that person was required to register for work with EDD as part of the UIB application process) and is being sanctioned, the EW must: 1. Determine if the client is exempt from the CalFresh work registration requirements. 2. If the individual is NOT exempt from the CalFresh work registration requirements, DISQUALIFY the individual for CalFresh. [Refer to “Disqualification Period - Recipients,” page 27-16]. 3. If the individual is exempt from the CalFresh work registration requirements, do NOT disqualify the individual for CalFresh. [Refer to “Failure to Comply Examples,” page 19-32]. (See Note, below.)

Revised: 06/30/10

Update #10-15

CalFresh Handbook

page 27-19 Work Registration

Note: When the individual’s exemption from the CalFresh work registration requirements ends, if the CWES sanction has not been cured, the individual remains eligible for CalFresh. An instance of noncompliance with CalFresh work requirements is not counted due to the individual’s exemption status, and a CalFresh disqualification cannot subsequently be imposed when the exemption stops.

27.8.7

Failure to Comply with a Substitute Program’s Work Requirements

If the EW is informed that a work registrant has refused or failed without good cause to comply with a substitute program’s work requirement and is being sanctioned by that program, the EW must determine if the client is exempt from the CalFresh work registration requirement. If the client is NOT exempt, then the client must be registered for CalFresh work registration. Example: EW receives notice from VS on April 3rd that the client has been sanctioned in GA due to his/her failure to participate in Job Club. The individual is not exempt from the CalFresh work registration requirement. The client must be registered for CalFresh work registration on May 1st.

27.8.8

County Penalties

It is imperative that the disqualification takes place within the specified time frames. Failure to meet these will result in State and Federal sanctions for the County.

27.8.9

NOA Requirements [63-407.5, 63-504.21]

Content The “Notice of Disqualification” (DFA 377.10) must include the following information, in addition to the standard NOA requirements: • The name of the person who failed to comply with work requirements. • A description of the act of noncompliance. • A statement that the individual will be discontinued. • The disqualification time period. Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-20 Work Registration • The amount by which benefits will decrease.

• A statement that the individual/household may reapply, at any time, if the disqualified individual(s) meets one of the CalFresh work registration exemptions. • A statement that the individual/household may reapply at the end of the disqualification period.

27.8.10

NOA Deadlines [63-407.5]

When VS determines that a client has failed without good cause to comply with a work requirement, the EW must issue a ten-day disqualification NOA (DFA 377.10) within ten (10) days of the date VS notifies the EW. The disqualification period is effective the first of the month after notification from VS is received when time allows for a ten day notice. When there isn't time for a ten day notice, begin the disqualification period the first of the following month. Example: On August 8th, VS notifies the EW that a CalFresh work registrant has failed without good cause to cooperate for the second time. The EW has until August 18th to send a DFA 377.10 disqualification NOA. The EW sends the disqualification NOA on August 18th, stating that the individual will be disqualified from September 1st through November 30th. Example: On March 25th, an EW is notified by VS that a CalFresh work registrant refused job search without good cause. The EW must send a DFA 377.10 disqualification NOA by April 4th. Since this is the first work registration disqualification, the disqualification period for the individual will be from May 1st through May 31st.

27.8.11

Administrative Delay

When a work requirement disqualification has been delayed due to administrative error, a disqualification NOA shall be issued within ten calendar days of discovering the error or of determining that the noncompliance was without good cause. The disqualification period shall begin on the first of the month, allowing for 10-day notice.

Revised: 06/30/10

Update #10-15

CalFresh Handbook

27.8.12

page 27-21 Work Registration

Stopping the Disqualification [63-407.6]

Failure to comply work registration disqualifications must continue for the minimum number of months as required by regulations AFTER the effective date of the disqualification, unless the person becomes exempt. • PRIOR to the effective date of the disqualification if an individual becomes exempt from the work registration requirement, that individual shall not be disqualified and the proposed disqualification must be withdrawn. This proposed disqualification is NOT counted as an instance of non-compliance for purposes of determining the length of future disqualification periods. • AFTER the effective date of the disqualification, if at any time, an individual becomes exempt from the work registration requirement, the disqualification shall end and the individual may reapply for CalFresh. This disqualification is counted as an instance of non-compliance in determining the length of future disqualification periods.

27.8.13

State Hearing Request

The disqualification period shall begin with the first month following the discontinuance action, unless a state hearing is requested. If the household is timely in requesting a state hearing, the EW shall reinstate benefits pending the state hearing: • As soon as the notice of filing is received from the Appeals Unit, and • ONLY if the certification period has not expired. Appeals staff will arrange for a representative from VSD, Employment Services, or CIU to attend the hearing, if appropriate.

27.9 Voluntary Quit Disqualifications [63-408.1 & 63-408.2] 27.9.1

Definition

An individual is ineligible to participate in CalFresh if the individual voluntarily quits a job or reduced his/her hours of employment without good cause within 60 days prior to the date of application for CalFresh or anytime thereafter. Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-22 Work Registration Voluntary quit means resigning a job that is:

• 30 hours or more per week, or • Paid at least the federal minimum wage times 30 hours. A reduction of work effort means: • Voluntarily decreasing the number of hours worked in paid employment to less than 30 hours per week. Note: If an individual reduces hours while working in a job of less than 30 hours per week, a CalFresh disqualification shall NOT be imposed. The minimum wage equivalent does not apply when determining a reduction in work effort.

27.9.2

Exemptions [63-408.3]

The following persons are exempt from the voluntary quit provisions. Anyone who: • Is exempt from work registration (EXCEPT when the exemption is for working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 hours). • Is a striker (except for an employee of the federal, state or local government who has been dismissed for participation in a strike against that government.) [Refer to “Strikers,” page 9-28 for the definition of a striker.] • Quit a job and then began a new job that was subsequently lost through no fault of the individual. • Quit a job due to a reduction in hours of employment. • Quit self-employment. • Resigned from a job at the employer's request.

Revised: 06/30/10

Update #10-15

CalFresh Handbook

27.9.3

page 27-23 Work Registration

Decision Chart

Follow the chart below to determine if a voluntary quit disqualification must be applied when an individual loses a job. STEP

ACTION

1.

Did the individual voluntary quit the job? • If NO, STOP HERE. Voluntary quit rules do not apply. • If YES, go to STEP 2.

2.

Was the individual required to register for work at the time of the job quit? • If NO, go to STEP 3. • If YES, go to STEP 4.

3.

Was the individual exempt for: Working 30 hours a week? Earning the equivalent of 30 hours a week multiplied by federal minimum wage? • If NO, STOP HERE. Voluntary quit rules do not apply. • If YES, go to STEP 4.

4.

Does the individual have good cause for quitting the job? [Refer to “Good Cause [63-408.4],” page 27-23.] • If YES, STOP HERE. Voluntary quit rules do not apply. • If NO, disqualify the individual for one-, three-, or six-months.

27.9.4

Good Cause [63-408.4]

An individual who voluntarily quits a job for any of the following reasons is considered to have good cause for quitting: • Circumstances beyond the control of the individual. This includes, but is not limited to illness, household emergency, no available transportation, inability to communicate well in English. • Discrimination by employer. • Unreasonable work demands or conditions, such as not being paid on schedule. • Acceptance by the individual of a job or enrollment of at least 1/2 time in school/training program that requires him/her to leave his/her job.

Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-24 Work Registration

• Acceptance by another household member of a job or 1/2 time school training program enrollment in another county/state which requires the individual to leave his/her job. • Resignation by person under 60 which is recognized by the employer as retirement. • Acceptance of a 30-or-more-hour a week job (or weekly earnings of more than the federal minimum wage multiplied by 30 hours) which, because of circumstances beyond the control of the individual, subsequently doesn't materialize or results in a job of less than 30 hours a week (or weekly earnings of less than the federal minimum wage multiplied by 30 hours). • Leaving a job in connection with patterns of employment in which workers frequently move from one job to another, such as construction work. • Lack of adequate child care arrangements for the individual's children between six and twelve years of age. • Leaving employment which is unsuitable. [Refer to “Unsuitable Employment [63-407.7],” page 27-13.] • Terminating a self-employment enterprise. • Resigning from a job at the employer's demand. (Not a voluntary quit.) • Changing employment status as a result of reducing hours of employment while working for the same employer. Note: Do not apply a disqualification when the individual has good cause for quitting.

27.9.5

Verification

Request verification of good cause for a voluntary quit when the information is questionable. The primary responsibility to obtain verification rests with the household, but the EW shall offer assistance when it is difficult or impossible for the client to provide the verification in a timely manner. Acceptable verification may include statements from: • The previous employer. • Employer associations. Revised: 06/30/10

Update #10-15

CalFresh Handbook

page 27-25 Work Registration

• Union representatives. • Grievance committees or organizations. If the cause for the quit resulted from circumstances which cannot be verified (such as discrimination practices, unreasonable demands, or inability to locate the previous employer) the household shall not be denied CalFresh.

27.9.6

Disqualification Period for Voluntary Quit

Use the chart below to determine the mandatory disqualification period for an individual who voluntarily quit a job without good cause: IF THIS IS THE . . .

THEN DISQUALIFY THE INDIVIDUAL FOR...

First work registration and/or voluntary quit disqualification after February 1,1997,

ONE calendar month.**

Second work registration and/or voluntary quit disqualification after February 1, 1997,

THREE calendar months.**

Third or subsequent work registration and/or voluntary quit disqualification after February 1, 1997,

SIX calendar months.**

**EXCEPTION: The disqualification period ends when that individual qualifies for a work registration exemption.

Note: The consequences of quitting a job without good cause must be explained to the head of household at initial application.

27.9.7

Disqualification Procedures

Follow the steps below to impose the disqualification on an individual who voluntarily quit a job without good cause: [Refer to “Decision Chart,” page 27-23.] STEP

ACTION

1.

Discontinue the individual. [Refer to “Decision Chart,” page 27-23].

Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-26 Work Registration STEP

ACTION

2.

Send a NOA to the household advising: • Who voluntarily quit a job, and • The beginning and ending dates of the disqualification period, • That the disqualification will be ended, if at any time during the disqualification period, the disqualified individual qualifies for any of the work registration exemptions, and • That the individual may reapply for benefits at the end of the disqualification period. If the household is discontinued from CalFresh for multiple reasons, send a NOA for EACH reason, including the voluntary quit disqualification. [Refer to “Discontinued HHs,” page 27-27.]

3.

27.9.8

Record the disqualification on the Maintain Case Comments window.

Ending a Voluntary Quit/Reduction of Work Effort Disqualification

The following rules apply to ending a Voluntary Quit/Reduction of Work Effort Disqualification: • Following the completion of a minimum disqualification period, an individual who is otherwise eligible, may apply for CalFresh and be approved if it is determined that the individual is in compliance with the CalFresh work registration requirements. For the purpose of this provision, in compliance means the individual is fulfilling one of the CalFresh work registration requirements, or he/she agrees to fulfill the requirements listed in Section 29.5.1. • If an individual qualifies for any of the exemption listed in Section 29.2 during the disqualification period, the disqualification period shall end and the individual may reestablish eligibility by reapplying for CalFresh benefits, if otherwise eligible. • An individual subject to the ABAWD work requirement who is also disqualified for failing to comply, may not regain eligibility until the ABAWD rules are also met. (Not applicable while the County is granted an ABAWD waiver.)

27.9.9

Appeals

When a state hearing is requested in a timely manner, the Appeals Unit shall notify the EW. The EW shall authorize “aid paid pending” ONLY if the certification period has not expired. Revised: 06/30/10

Update #10-15

CalFresh Handbook

page 27-27 Work Registration

If the household loses the hearing, begin the disqualification period effective the first of the month after the hearing decision is rendered. (Don't send a second disqualification NOA.)

27.9.10

Discontinued HHs

If an individual is in a household that is discontinued from CalFresh BEFORE the disqualification can be imposed, the period of ineligibility shall run continuously, beginning with the first of the month after a ten-day notice is issued. Example: A CalFresh work registrant quits a job on September 3rd. The recipient notifies the EW of the quit on September 5th, and the EW determines there was no good cause. This is the second work registration disqualification for this individual. The EW sends a notice disqualifying the individual starting October 1st for three months. The household fails to submit the August QR 7 and is discontinued Sept. 30th. The disqualification period for the INDIVIDUAL remains October 1st though December 31st. The individual/household may reapply, at any time, if the disqualified individual(s) meets one of the work registration exemptions.

27.9.11

Quit Found in Last Month of Certification IF A VOLUNTARY JOB QUIT WITHOUT GOOD CAUSE....

Then. . .

Is discovered or occurs during the last month of a certification period AND the household reapplies in the last month of the certification period

27.9.12

Certify the household BUT disqualify the individual starting with the first month of the new certification period.

Voluntary Quit Discovered Late

If a voluntary quit occurred PRIOR TO RECERTIFICATION (before or during the recertification process), but is not discovered by the EW until after recertification, disqualify the individual for the appropriate disqualification period. Begin the disqualification period on the first of the month after an adequate and timely NOA can be given.

Update #10-15

Revised: 06/30/10

CalFresh Handbook

page 27-28 Work Registration

27.10 Disqualified HH Member Moves When a disqualified household member moves, the disqualification follows the individual. The individual cannot be added to the new household until the minimum disqualification period has ended unless the individual meets one of the CalFresh work registration exemptions. Special measures are not required to contact an applicant's previous state of residence to determine disqualification status. However, if the EW becomes aware of a disqualification imposed in another state, eligibility may not be established until the disqualification period ends.

Revised: 06/30/10

Update #10-15