Work Registration 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.

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.

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, SDI, or Worker's Compensation.
• Obvious physical evidence (i.e., hospitalized, bedfast, chair-bound, 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.

The County may not use a definition of physically or mentally unfit to work that is less restrictive than the definition used for an exemption from participation in the CalWORKs WTW Program.individuals who have a verified disability are exempt from WTW participation if the following conditions are met:

• The disability is expected to last at least 30 calendar days;
• The disability significantly impairs the individual’s ability to be regularly employed or participate in WTW activities; and
• The individual is actively seeking appropriate medical treatment.

In addition to utilizing a comparable definition of physically or mentally unfit to work as CalWORKs WTW, the County must also obtain verification that is comparable to CalWORKs WTW. For this reason, verification of physical or mental unfitness for exemption from work registration must:

• Identify the existence of a disability;
• Include the expected duration of the disability; and
• Include the extent to which the disability impairs the individual’s ability to be employed or participate in program requirements.

Verification

When verification is received, the individual is exempt from CalFresh work registration as physically or mentally unfit to work and therefore not considered an ABAWD. Verifications include but is not limited to documentary evidence, collateral contacts, or other forms of verification.

If the client does not have a written statement from a doctor, the client shall be given the CW 2200 with 10 days to provide the necessary verification. For GA clients, “General Assistance Program Request for Medical Information (SC 1400) to take to the doctor for verification.

• The CW 2200 or the SC 1400 (GA clients) 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.”

When the CalFresh applicant/recipient has been classified for 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.

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.

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.

ExampleExample

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.

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.

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.

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.

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.
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.

 

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].

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.

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 PFL can be used as verification for the exemption of work registration.

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.

Related Topics

Students

Loss of Exemption