Who is Eligible for CalWORKs?
From CalWORKs | Welfare Resources
Contents |
Financially Needy Children
Relatives may apply for CalWORKs for themselves and their related child(ren) if the child(ren) is "deprived" of adequate parental support or care. The "child" must be under 18 years of age, or be in school and expected to graduate before s/he reaches age 19 (the latter is called the "completion rule"). (Note 2) WIC § 11253; ACL 01-77. Under WIC § 11250, a child is "deprived" of parental support and care if one of his/her biological parents is:
- Deceased,
- Incarcerated,
- Continuously Absent from the Home (Note 3) (absence due to active duty in the uniformed services of the United States does not qualify (ACL 02-47) (see errata),
- Incapacitated (a doctor must verify that a disability or illness substantially reduces the parent's ability to support or care for the child), or
- Unemployed (defined as not having worked more than 100 hours in the preceding four weeks. WIC § 11201.) (Note 4)
Caretaker Relatives of a Deprived Child
If there is deprivation, the following people may receive CalWORKs for themselves and/or related child(ren):
- Parent(s). WIC § 11253.
- Minor mothers. However, while applicants do not have to be 18 years old to apply, they may need to have an adult act as their "Payee." Absent "good cause" (such as no parent available, potential harm, or the minor mother has lived apart from her parents for more than 12 months) all unmarried mothers under age 18 must live with a parent or guardian. WIC § 11254.
- Pregnant women, in their last trimester (month seven on). WIC § 11450(b).
- Certain relatives who are taking care of children under 19 years old. WIC § 11203. Although the CalWORKs statute does not identify the degree of relationship required, the AFDC program permitted as caretakers: mothers, fathers, aunts, uncles, first cousins, nieces, nephews, sisters, brothers or any of the above if: half related, a grand, a great-grand, great-great grand, adopted, step or spouse of any of the above. See MPP 82-808.11, et seq.
:: Custody and Temporary Absence of the Child
Assuming all other requirements are met, the custodial parent actually caring for the child will be eligible to receive benefits. If the parents have joint custody, CalWORKs eligibility depends on who has greater care and control of the children. If the child stays with one parent more than 50% of the time, that parent is the caretaker relative. MPP 82-808.411. If the parents have equal care and control, then the parent who applies first is eligible. See MPP 82-808.412. The child's absence from home for less than one month, for example, because of visitation or school, will not affect eligibility. MPP 82-812.5.
:: Both parents are in the home
Even if both parents are in the home, the family can still receive CalWORKs if the child is deprived of the support of the principal wage earner. This can occur when, because of a doctor-verified disability or incapacity, one of the two parents either cannot get a job or care for the child. "Deprivation" also exists if one of the parents is unemployed. WIC §§ 11201, 11202, 11250.
:: Parent(s) Working
As long as the family's gross earned income, less $90, is below the CalWORKs "minimum basic standard of adequate need" for a family of that size (Note 5) and neither parent has worked more than 100 hours in the previous four weeks, an applicant family will be eligible for benefits. WIC §§ 11201(b), 11450.12(a). If both parents are in the home and deprivation is not based on incapacity, a recipient family can continue receiving CalWORKs even if one of the parents works more than 100 hours per month, so long as the family income is below the income limit after all deductions available for recipients have been made. WIC § 11201(c). These income eligibility rules are discussed in Income Limits.
Otherwise Eligible "Qualified" Immigrants
Certain non-U.S. citizens are eligible for CalWORKs benefits, although most are generally subject to "sponsor deeming." Under "sponsor deeming," the income and resources of the relative who sponsored the non-citizen for entry into the United States will be considered available to support the non-citizen for a number of years.
:: "Qualified Immigrant" (Note 6)
Under federal law, only "qualified" immigrants are eligible for public benefits. 8 U.S.C. §§ 1611, 1641. (Note 7) California law also makes eligible those who are "permanently residing in the United States under color of law," a category which is broader than "qualified" immigrant. WIC § 11008.13. However, the validity of this provision is unclear in light of the new federal provisions. To be "qualified," an immigrant must be:
- a lawful permanent resident;
- granted refugee, political asylee, "Amerasian Immigrant" or parolee status;
- a "Cuban or Haitian Entrant"; or
- an abuse survivor (an abused spouse, parent of an abused child, or the child of an abused parent) who, as the spouse or child of a U.S. citizen or permanent resident, has either applied for permanent residency under the Violence Against Women Act (AVAWA, 8 U.S.C. § 1154(a)(1)), or whose spouse or parent has filed a petition for permanent residency on their behalf. ACL 00-07, 98-65.
Undocumented and other "not qualified" immigrants are generally ineligible for CalWORKs.
CalWORKs Eligibility for Immigrants in California (Note 9)
| "Qualified" Immigrants Who Entered the U.S. Before August 22, 1996 | "Qualified" Immigrants Who Entered the U.S. After August 22, 1996. | "Not Qualified" Immigrants |
|---|---|---|
|
Eligible. The "sponsor deeming" rule in effect when the immigrant entered the US no longer applies because more than three years have elapsed. |
Eligible but subject to "sponsor deeming" (described in the text) |
Eligible only if:
|
:: Sponsor Deeming
Unless they are a refugee, asylee, parolee or Cuban or Haitian Entrant, most sponsored immigrants are effectively ineligible for at least three years after entry into the United States because their sponsor's resources and income will be "deemed" to be available to support the immigrant during this period. WIC § 11008.13. (See page 16 for the formula for "deeming" income and resources.)
Immigrants sponsored under the new sponsor's affidavit of support used beginning December 19, 1997 (so-called "213A aliens") will be subject to sponsor deeming until they become a U.S. citizen or have more than "40 Quarters of employment" as defined by Social Security and attributable to the immigrant, his/her spouse during their marriage, or his/her parents before the immigrant reached age 18. No Quarter after December 31, 1996 in which the immigrant received CalWORKs (or Temporary Assistance to Needy Families benefits in other states), Food Stamps, SSI or Medi-Cal benefits will count. WIC § 11008.135, ACL 97-65, 8 U.S.C. § 1631.
Some sponsored immigrants who entered the country after December 19, 1997 are exempt from sponsor deeming. 8 USC § 1631(e) and (f); MPP 43-119.221 and 222. These include:
- Certain abuse survivors (an immigrant, the immigrant's child, or the child of a battered parent, who has been battered by a spouse or parent, or by a member of the spouse or parent's family residing in the same household as the survivor and the spouse or parent consented to or acquiesced to the abuse). In addition to falling within one of the above categories, the immigrant must also (a) have a pending self-petition with INS, or an approved petition, for adjustment of status to permanent resident under the Violence Against Women Act, (b) show a substantial connection between the violence and the need for benefits, and (c) not be living with the batterer. MPP 43.119.222; ACL 00-07.
These immigrants are exempt for one year, which can be extended if the INS deems that the violence is continuing, and the local welfare department determines that the violence continues to have a connection with the need for benefits.
- Certain abuse survivors (an immigrant, the immigrant's child, or the child of a battered parent, who has been battered by a spouse or parent, or by a member of the spouse or parent's family residing in the same household as the survivor and the spouse or parent consented to or acquiesced to the abuse). In addition to falling within one of the above categories, the immigrant must also (a) have a pending self-petition with INS, or an approved petition, for adjustment of status to permanent resident under the Violence Against Women Act, (b) show a substantial connection between the violence and the need for benefits, and (c) not be living with the batterer. MPP 43.119.222; ACL 00-07.
- Immigrants as to whom benefits are necessary to avoid homelessness and hunger.
These are immigrants who have been abandoned by the sponsor, or the sponsor's contribution is so inadequate that the person would otherwise go without food and shelter. Determination is made by the county welfare department. This exemption lasts for one year, and cannot be extended. MPP 43-119.221.
Sponsor Deeming Rules in California (see Note 9)
|
Traditional Affidavit (I-134)*: |
New Affidavit (I-864)*: |
||
|---|---|---|---|
|
Deeming Period |
Exemptions |
Deeming Period |
Exemptions |
|
No Deeming (the three year deeming period has already elapsed) |
N/A |
|
|
|
*Deeming rules may depend on whether the immigrant’s sponsor signed the “traditional” affidavit of support (INS form I-134), or the “new” affidavit of support (INS form I-864). The new affidavit of support went into use on December 19, 1997. However, some immigrants who entered the U.S. after that date have an old affidavit on file. |
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:: Fugitive and Drug Felons are Ineligible for CalWORKs
Fugitive felons and parole or probation violators, defined as those for whom an arrest warrant has been issued, are ineligible for CalWORKs. WIC § 11486.5. In addition, those convicted of a felony involving a controlled substance after December 31, 1997 will also be ineligible. WIC § 11251.3; ACL 97-65.
Notes
2. Fry v. Saenz, 98 Cal. App. 4th 256 (3d Dist. 2002), holds that the "completion rule" violated the Americans with Disabilities Act and the Rehabilitation Act of 1973 when it denied benefits to disabled children who were 18 years old, but, because of their disability, were not expected to complete high school by their 19th birthdays. The principle of this case can be used to challenge many rules that appear to discriminate against recipients with disabilities.
3. "Continued absence" exists when the nature of the absence is such as either to interrupt or terminate the parent's functioning as a provider of maintenance, physical care, or guidance to the child; and the duration of the absence precludes counting on the absent parent. WIC § 11250(c).
4. 45 CFR § 233.100 (cited in WIC § 11201) provides a more detailed definition of "unemployed."
5. The amount of this "needs standard" applicable to families of various sizes is set forth in the Monthly Needs Standard table.
6. ACL 98-65 provides a detailed discussion of “qualified” immigrant eligibility.
7. Note that 8 U.S.C. § 1611 sets forth several important exceptions to the “qualified” immigrant rule, including medical assistance under Title XIX of the Social Security Act; short term, non-cash, in-kind emergency disaster relief; and public health assistance for immunization.
8. “Severe forms of trafficking in persons” means: sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not reached 18 years of age; or the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Trafficking Victims Protection Act of 2000; ACL 01-58.
9. Chart taken from National Immigration Law Center’s Guide to Immigrant Eligibility for Federal Programs, 4th Ed. 2002.
