How Long Can Someone Receive CalWORKs?
From CalWORKs | Welfare Resources
CalWORKs recipients can only receive benefits for a total of 60 months. 45 CFR § 254.1; WIC § 11454(b); ACL [1]. The 60 months began running on January 1, 1998. WIC § 11454(c); ACL 97-65. Where the monetary amount of a family's benefits is low, the client should be advised to seriously consider whether receiving benefits at this time is worth using up one of the family's 60 months of entitlement.
Exceptions to the 60-month time limit set forth in WIC § 11454, MPP 42-302.11; ACL 97-65 and 98-09 include situations in which all parents or caretaker relatives of the children are, on the 61st month:
- age 60 or over,
- unable to work because of a doctor-verified disability, or because of a disability for which the caretaker receives certain disability benefits (including State Supplemental Payments, In-Home Supportive Services, State Disability or temporary Workers Compensation) lasting at least 30 days,
- unable to maintain employment or participate in welfare to work activities based on the welfare to work assessment, and the caretaker has a history of full participation in and cooperation with, welfare to work activities,
- unable to work because of caretaker responsibilities for a child who is a ward of court or at risk of foster care, or for an incapacitated household member,
- an abuse victim or survivor, where imposition of the time limit would make it more difficult to escape abuse or would otherwise be detrimental or unfairly prejudice the survivor, or
- not a member of the assistance unit.
Certain months of assistance will not count towards the time limit. Under 42 U.S.C. § 608(a)(7), WIC § 11454.5(b), MPP 42-302.21, and ACL 98-09, these include months in which the caretaker was:
- a minor mother and not the head of household,
- a teen parent required to attend school,
- disabled for at least 30 days,
- living on an Indian reservation or Alaska native village with over 50% unemployment, (Note 11)
- unable to work because of excessive caretaker responsibilities for a child who was or is a ward of court or at risk of foster care, or for an incapacitated household member,
- not a member of the assistance unit,
- In addition, months will not count in which the child support collected for the family exceeds the maximum CalWORKs grant amount for a family of that size. (Note 12)
Once the 60-month time limit has been reached, only the children can receive benefits. Counties can opt to provide these benefits in the form of cash grants or vendor payments (vouchers). WIC §§ 11320.15, 11450.13. The adult caretaker will not be eligible for General Assistance or General Relief (with the exception of healthcare benefits) until the aided child reaches age 18. WIC § 17021. See Assistance Aimed at Avoiding Welfare and Assistance after CalWORKs for a deeper discussion of supportive services and health benefits available after CalWORKs.
Additionally, the county is supposed to notify recipients of their accumulated time on aid at specific intervals to ensure that recipients know of the approach of their ending months of eligibility, and are provided ample time to claim any exemptions. For example, counties have to inform recipients of their accumulated time on aid between the recipient's 54th and 58th months and on the 60th month.(Note 13) MPP 40-107.144; 40-107.147.
Notes
11. Refer to ACLs 02-91 (see errata) and 02-92 for unemployment rates of villages and rancherias in California.
12. Given the state of many counties' child support collection records, eligibility for this exception will require some digging and prodding by the CalWORKs recipient. See ACL 02-74 for a discussion on how counties track exempt months due to child support overpayments.
13. See MPP 40-107.14 et seq., MPP 42-302 et seq., ACL 03-21, and ACL 02-70 for a discussion of notice requirements for the 60-month time limit and 60-month time limit exemptions.
