Treatment of Retroactive Court Ordered Aid Payments
The CalWIN System determines and issues retroactive benefits. Treatment of these retroactive cash payments is as follows for each program.
CalWORKs
[EAS 44-301]
Retroactive payments ARE NOT considered income or a resource in the month received nor in the next following month for purposes of determining continued eligibility and grant amount.
Reminder: QR/PB rules do not require any mid-quarter reporting of resource changes, and the EW can NOT act on any voluntarily reported mid-quarter change in resources that would decreases benefits or results in discontinuance. Information reported on the QR 7 is used to determine continuing resource eligibility for the household for the entire upcoming QR Payment Quarter. No other assessment of resource eligibility can be made for that QR Payment Quarter.
Clients should report these payments in accordance with “QR 7 Processing” in the CalWORKs Handbook. [Refer to CalWORKs Handbook, “Semi-Annual Report (SAR 7) and Reporting Responsibilities,” page 9-1.] However, the QR 7 is not considered incomplete if they fail to do so, as a record of the payment is on file. The amount of the retroactive payment is documented in the case record on the NOA approving the retroactive payment.
RRP & CHEP
Use the CalWORKs regulations unless other instructions are provided. [Refer to Refugee Resettlement Program Handbook, for more information.]
Medi-Cal
Unless otherwise stated in the court order, CalWORKs retroactive court ordered payments are:
- Exempt as income and property during the month of receipt, and
- Counted, to the extent they remain available, as property the following month.
[Refer to Medi-Cal Handbook, for more information.]
CalFresh
Court ordered retroactive payments for any assistance program are counted as a resource in the month received.
When large payments are received, the EW must determine whether the client is within the resource limit. [Refer to CalFresh Handbook, for more information.]
Reminder: QR/PB rules do not require any mid-quarter reporting of resource changes, and the EW can NOT act on any voluntarily reported mid-quarter change in resources that would decreases benefits or results in discontinuance. Information reported on the QR 7 is used to determine continuing resource eligibility for the household for the entire upcoming QR Payment Quarter. No other assessment of resource eligibility can be made for that QR Payment Quarter.
GA
Unless otherwise stated in the court order, CalWORKs retroactive payments are considered exempt income in the month received. The retroactive payment is considered personal property. [Refer to General Assistance Handbook, for more information.]
Related Topics
Court-Ordered Review Activities: All Programs