The People's Guide

36th Edition 2015

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11 The People's Guide 2015 CalWORKs Time Limit Rules After 48 Months Most adults can only receive 48 months (4 years) of cash aid from CalWORKs for their whole life. This does not have to be 48 months in a row. After the adult has been aided 48 months, their part of the grant is cut, but their children can still get aid. There is no 48 -month limit if all adult parents or caretaker relatives in the home of the aided child meet any of these tests: • 60 years or older • Disabled, receiving State Disability Insurance, Temporary Workers' Compensa- tion, In-Home Supportive Services or SSI, and unable to work or go to GAIN • Not able to go to GAIN or employment because of an "impairment," for example a learning disability or chronic mental ill- ness. You cannot have broken any GAIN rules to qualify for this, or you must show that you were in GAIN for either six months straight or a total of six months over two years. • There are no local jobs that accom- modate your disabilities • You are a non-parent relative taking care of a child "at risk of foster care placement" and that responsibility restricts your ability to go to GAIN or employment. Example, if you are a grandparent under age 60 who cannot both be regularly employed and care for the child, DPSS can continue your CalWORKs aid rather than having the child enter foster care. • You are a domestic abuse survivor who cannot participate in CalWORKs because of the abuse. You do not have to currently be in a domestic abuse situation. You will also qualify if you are suffering from the effects of past abuse and the effects limit your ability to go to GAIN or work. You only need to tell your worker ("self- declare") to qualify; no other proof, not even a police report, is required. Your time will be extended for as long as you continue to suffer from the effects of the abuse or are in danger of more violence. Clock Stoppers or Exemptions Apply for an exemption to "stop the clock" for any months which should not have been counted in your 48 -month limit. Your request should be in writing, but can be verbal. DPSS has to send you a written decision within 15 days of the request (unless something happens that is beyond the DPSS's control). If you disagree with the decision you may request a state fair hear- ing. DPSS is required to research your available case records before asking you to provide information or documentation which they already have in the files. Clock stoppers include: • Sanctioned or No Check—Any month you do not get a CalWORKs cash aid payment for yourself including if you are sanctioned that month, or you are caring for an aided child but not aided yourself . • Disabled—Any month you are sick, dis- abled, or injured for 30 days or more and it interferes with going to work or GAIN. You may be required to provide a doctor's report. This includes mental and physical illness. • Caring For a Sick Family Member—Any month you are caring for an ill or disabled person living in the home and that caretak- ing interfered with regular employment or participation in GAIN activities. • Foster Child Placement or Risk of Place- ment—Any month you are a non-parent relative taking care of a child who is a dependent ward of the court or "at risk of foster care placement" and that responsi- bility interfered with regular employment or participation in GAIN activities. This can exempt, for example, a grandparent under age 60 who could not both be regularly employed and care for the child. • Domestic Violence—Any month you cannot participate in CalWORKs as a result of domestic abuse. You do not have to cur- rently be in a domestic abuse situation. You also qualify if you are suffering from the effects of past abuse. You only need to tell your worker ["self-declare"] to qualify; no other proof, not even a police report, is required. • Age 60 or over— Any month the parent or caretaker relative is 60 years or older. • Child Support Repaid—All child support paid to the County by an absent parent takes time off your clock. Ask the County Child Support Division (800) 615-8858 to provide you with an accounting of the amount of child support they have col- lected on your behalf during the 48 -month period. Then ask your GAIN worker or fill out and submit an exemption form to find out how many months of credit you get for the child support that was paid. • Teen Parent—Any month you are a teen parent or pregnant, under age 19, do not yet have a GED or high school diploma, and either participate in or are excused from Cal Learn or another teen parent program approved by the DPSS. You can be excused from Cal Learn in any month in which you can show the DPSS you do not have necessary childcare or transportation, you are sick, disabled, or expelled and an alternative school program is not available. You can't use Cal Learn as a clock-stopper after you get the GED or diploma. • Native American—You are a Native American who lives in "Indian Country," or on a reservation if 50% or more of the adults there are unemployed. In a family with two aided parents, both adults must meet one of the above clock stoppers for the month not to count.

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