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Work Requirement Disqualifications
Overview
When a CalFresh work registrant fails to comply with the work registration requirements without good cause, a disqualification must be applied.
Good Cause [63-407.5]
When a CalFresh work registrant fails to comply with the CFETwork registration requirements, VS is responsible for determining good cause. Good cause includes circumstances beyond the household member's control such as, but not limited to:
- Illness
- Illness of another household member requiring the presence of the member
- A household emergency
- Unavailability of transportation
- Problems caused by inability to speak, read, or write English
- Lack of adequate child care for children age six through eleven
- Discrimination or workplace violations
- Unpredictable or inconsistent employment hours
When evaluating good cause for failure to comply, VS considers the facts and circumstances presented by the household member, and/or reported by the employer.
Note: The reason for the good cause determination must be documented in the case journal. Verification of good cause is not required unless questionable.
Failure to Comply with CalWORKs Employment Services (CWES), UIB/EDD, or a Substitute Program’s Work Requirements
If the EW is informed that a work registrant has refused or failed without good cause to comply a CWES work requirement (including a Community Service assignment), with the UIB work requirement (if that person was required to register for work with EDD as part of the UIB application process) or a substitute program’s work requirement the EW must determine if the client is exempt from the CalFresh work registration requirement. If the client is not exempt, then the client must be registered for CalFresh work registration.
EW receives notice from VS on April 3rd that the client has been sanctioned in GA due to his/her failure to participate in Job Club. The individual is not exempt from the CalFresh work registration requirement. The client must be registered for CalFresh work registration on May 1st.
A CalFresh household member active on both CW and CF is sanctioned from CW due to noncompliance with WTW requirements. The sanction is applied only to the CW case, resulting in a reduction of CW benefits. Since the noncompliance is specific to CW, no CalFresh disqualification is imposed, and the CalFresh benefits remain unchanged. CalSAWS will continue to budget the full pre-sanction CW grant amount in the CF calculation.
Disqualification Period - Recipients
VS will notify the EW when a CalFresh work registrant fails to comply with a work requirement without good cause. Within ten (10) days after this notification, the EW must send a NOA informing the registrant of the disqualification.
The disqualification period begins the first of the month after a 10-day NOA can be sent. Refer to NOA Deadlines [63-407.5].
Use the following chart to determine the appropriate disqualification period for failure to comply with a work requirement.
| If this is the . . . | Then disqualify the individual for... |
| First work registration and/or voluntary quit disqualification after February 1, 1997, |
One calendar month. |
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Second work registration and/or voluntary quit disqualification after February 1, 1997, |
Three calendar months. |
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Third or subsequent work registration and/or voluntary quit disqualification after February 1, 1997, |
Six calendar months. |
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Exception: The disqualification period ends when an individual under disqualification qualifies for a work registration exemption. |
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On June 15th, the EW receives a VS notification that a CalFresh work registrant has failed without good cause to comply with work requirements. This is the first non-cooperation disqualification. That same day, the EW sends a CF 377.10 to advise the household that a disqualification period will be imposed effective July 1st through July 31st.
On September 24th, the EW receives a VS notification that a CalFresh work registrant has failed to comply with work requirements for a second time and sends a CF 377.10 to advise the household that a three-month disqualification will be imposed. The disqualification will be imposed from November 1st through January 31st.
Note: Previous instances of noncompliance with the work requirements of the CalWORKs WTW program, unemployment compensation, or substitute programs must not be counted when determining the length of CalFresh disqualification.
Disqualification Period - Applicants
If an individual’s CFET noncompliance is without good cause and is discovered prior to approval of his/her application, the individual is ineligible for benefits and their portion of the application must be denied. A minimum of one, three, or six month CalFresh disqualification is not imposed. The individual remains ineligible until eligibility requirements are met, including participating in the CFET program.
Note: If the noncompliance is discovered after the application is approved, then a one, three or six month disqualification is prospectively applied.
County Penalties
It is imperative that the disqualification takes place within the specified time frames. Failure to meet these will result in State and Federal sanctions for the County.
Ending a Work Requirement Disqualification
A disqualified CalFresh work registrant remains ineligible until one of the following occurs:
- The disqualification period has passed, and the disqualified work registrant meets work Registrant Requirements,
- The disqualified work registrant has come into compliance during the disqualification period, meaning they are fulfilling one of the CalFresh work registration requirements, or have agreed to fulfill the requirements listed in Registrant Requirements, or
- The disqualified work registrant qualifies for any of the exemptions listed in Work Registration Exemptions during the disqualification period.
Exception: As of 05/15/2025, Individuals previously disqualified due to noncompliance with CalWORKs, unemployment compensation, or substitute programs may now rejoin CalFresh before completing their original disqualification period.
Note: An individual subject to the ABAWD work requirement who is also disqualified for failing to comply, may not regain eligibility until the ABAWD rules are also met. (Not applicable while the County is currently granted an ABAWD waiver.)
Reestablishing Eligibility
The following must be followed when an individual seeks to reestablish eligibility for CalFresh after a work requirement disqualification.
- For households of two or more, the previously disqualified individual may be added back to the existing household upon the household’s request during the certification period, periodic report, or recertification, whichever occurs first. The previously disqualified individual, existing household members, or the household’s Authorized Representative must contact the county to add the individual back to the existing household if otherwise eligible. When an individual who is disqualified requests to rejoin an existing CalFresh household, they must be treated as a returning household member and follow the existing process for adding a new household member. Eligibility is effective the first of the month following the request for mid-period changes, or at the start of the new certification period for SAR 7 or recertification.
- For households of one, the previously disqualified individual must reapply by completing the application process and, if otherwise eligible, may be approved for CalFresh. For applications from individuals in a household of one, eligibility is effective the first of the month following the request.
The previously disqualified individual must be screened to determine whether they qualify for an exemption from CalFresh work registration requirements.
NOA Requirements [63-407.5, 63-504.21]
Content
The CalFresh Notice of Denial/Disqualification for Failure to Meet General CalFresh Work Rules (CF 377.10) must include the following information, in addition to the standard NOA requirements:
- Contain a specific description of the noncompliance act,
- Identify the minimum length of the CalFresh disqualification,
- Specify that any time the disqualified work registrant meets a work registration exemption, their disqualification will end, and they may reapply for CalFresh benefits,
- Specify the action that can be taken to avoid ineligibility before the disqualification period ends, and
- State that the disqualified work registrant may re-qualify for CalFresh benefits at the end of the disqualification period if otherwise eligible and the steps to do so.
NOA Deadlines [63-407.5]
When VS determines that a client has failed without good cause to comply with a work requirement, the EW must issue a ten-day disqualification NOA (CF 377.10) within ten (10) days of the date VS notifies the EW. The disqualification period is effective the first of the month after notification from VS is received when time allows for a ten day notice. When there isn't time for a ten day notice, begin the disqualification period the first of the following month.
On August 8th, VS notifies the EW that a CalFresh work registrant has failed without good cause to cooperate for the second time. The EW has until August 18th to send a CF 377.10 disqualification NOA. The EW sends the disqualification NOA on August 18th, stating that the individual will be disqualified from September 1st through November 30th.
On March 25th, an EW is notified by VS that a CalFresh work registrant refused job search without good cause. The EW must send a CF 377.10 disqualification NOA by April 4th. Since this is the first work registration disqualification, the disqualification period for the individual will be from May 1st through May 31st.
Administrative Delay
When a work requirement disqualification has been delayed due to administrative error, a disqualification NOA shall be issued within ten calendar days of discovering the error or of determining that the noncompliance was without good cause. The disqualification period shall begin on the first of the month, allowing for 10-day notice.
Stopping the Disqualification [63-407.6]
Failure to comply work registration disqualifications must continue for the minimum number of months as required by regulations after the effective date of the disqualification, unless the person becomes exempt.
- Prior to the effective date of the disqualification if an individual becomes exempt from the work registration requirement, that individual shall not be disqualified and the proposed disqualification must be withdrawn. This proposed disqualification is NOT counted as an instance of non-compliance for purposes of determining the length of future disqualification periods.
- After the effective date of the disqualification, if at any time, an individual becomes exempt from the work registration requirement, the disqualification shall end and the individual may reapply for CalFresh. This disqualification is counted as an instance of non-compliance in determining the length of future disqualification periods.
State Hearing Request
The disqualification period shall begin with the first month following the discontinuance action, unless a state hearing is requested. If the household is timely in requesting a state hearing, the EW shall reinstate benefits pending the state hearing:
- As soon as the notice of filing is received from the Appeals Unit, and
- Only if the certification period has not expired.
Appeals staff will arrange for a representative from VSD, Employment Services, or CIU to attend the hearing, if appropriate.
Related Topics
Work Registration Requirements