Applicants

[EAS 40-117, 40-118]

Right to Apply

The right to initiate an application can be completed by any person and/or any person acting on behalf of a family, child, or pregnant person. An individual who may make an application on behalf of a family, child, or pregnant person include, but are not limited to:

A guardian or relative with whom the child resides,
The person or agency who has placed a child in foster care, or
The representative of a public agency.

An applicant who appears ineligible must still be allowed to exercise his/her right to make an application. The EW, through personal contact, must make a determination as to the applicant's ability to participate in the interview.

Filing Unit

If any of the following persons are living in the home, the applicant must include them on the Statement of Facts:

The applicant child, and
Children who are siblings or half-siblings of the applicant child or any other child who must be in the Filing Unit;
The parents of any mandatorily included children;
A pregnant person in a Pregnant Person Only case;
The child's parent, caretaker relative, stepparent, and second parent of:
- An SSI/SSP or Foster Care Child when aid is requested, or
- A child who is sanctioned by Employment Services;
Senior parent of minor parent seeking aid for the minor parents' child;
Sponsor of a documented non-citizen;
Spouse or California domestic partner of persons mandatorily included in the filing unit.

Note: The spouse of persons mandatorily included in the Assistance Unit must also be listed on the Statement of Facts.

Optional Persons in the Filing Unit

Complete information about optional persons must be included on the Statement of Facts when aid is requested for them (e.g., Needy Caretaker). If the optional person is not requesting aid, general information about the optional person must be entered (name, SSN, birthdate, etc.). Refer to Determining Optional Persons.

The following are optional persons in the Filing Unit:

A non-parent relative who has been determined to be the caretaker relative of the eligible child(ren);
Other eligible children, including but not limited to a grandchild, niece or nephew;
Alternately Sentenced Parent (ASP).

Assistance Unit

After the Filing Unit has been established, the Assistance Unit (AU) composition will be established when all the eligibility factors have been met, including those who meet the mandatory inclusion and optional person requirement. If a person, not otherwise excluded, is found to meet the eligibility requirements, they are considered an eligible person who must be added to the AU if not considered an optional person.

Minimum Person Requirement

An eligible child;
A non-minor dependent in their own Pregnant Person Only case;
A caretaker relative of an:
- SSI child,
- Kin-GAP child, or
- A child receiving federal, state or local foster care maintenance payments;
A pregnant person;
A relative of a 16 or 17 year-old teen who is sanctioned by WTW.

Mandatorily Included Persons in the AU

Applicant child;
Eligible sibling or half-sibling of the applicant child who meets the age requirement;
Any parent, except ASP, of:
- Applicant child;
- Eligible sibling or half-sibling of the applicant child who meets the age requirement.

Optional Persons in the AU

The following are optional persons in the AU:

A non-parent relative who has been determined to be the caretaker relative of the child;
Other eligible children, including but not limited to a grandchild, niece or nephew;
Essential persons (stepparent, California domestic partner of the eligible child's parent, or ASP).

Determining the AU

A determination of who is mandatorily included and excluded from the AU must be made. The EW and the applicant/recipient shall determine whether an optional person will be included in the AU based in part on the EW explaining the effect of including or excluding the optional person and its review of the person's eligibility and grant amount. The EW shall use the mandatory inclusion regulations based on the circumstances unique to that family when determining an AU, ensuring no conflicts with other CalWORKs regulations.

Situation #1 Two-Parent Unmarried Blended Family Household at Application

Child 1's parent is Parent A
Child 2's parent is Parent B
Child 1 & Child 2 are half-siblings to Child 3
Child 3 is the common child of both parents

Using the principles of mandatory inclusion, all household members are required to be in the Filing Unit and reported on the Statement of Facts. The EW then reviews for linking and non-linking eligibility factors. Both Parent A and B are not working and it is determined that all children meet the linking and non-linking criteria and after evaluation of the household circumstances all members are eligible for cash aid and approved CalWORKs for an AU of five individuals.

Situation #2 Unemployed Primary Wage Earner with Income at Application

The household consists of two unmarried adults (Parent A and Parent B) and three children (Child 1, Child 2 and Child 3) apply for CalWORKs. All household members live in the same home and there is no biological relationship between Child 1 and Child 2. Parent B is the Primary Wage Earner (PWE) and is receiving monthly Unemployment Insurance Benefits (UIB) which exceeds the Minimum Basic Standards of Adequate Care (MBSAC) for a family of five. No other income is available to the family.

Child 1's parent is Parent A
Child 2's parent is Parent B
Child 1 & Child 2 are half-siblings to Child 3
Child 3 is the common child of both parents

It is determined that Parent B is only legally responsible for Child 2 and Child 3 and Parent B's unearned income deems Child 2 and Child 3 ineligible. As Child 1 meets the linking and non-linking factors for CalWORKs eligibility, benefits are approved for Parent A and Child 1 based on a two-person AU. Parent B must continue to participate in future CalWORKs redeterminations as a mandatory member of the Filing Unit.

Relinquishment

If a child has been relinquished for adoption or parental rights have been terminated but the child has not been adopted, the biological relatives of the child do not need to be listed on the Statement of Facts unless they are requesting assistance.

Senior Parent

When a minor parent applies for aid but is living in the home of the senior parent, information about the senior parent’s unit must be provided on the “Senior Parent(s)/Legal Guardian(s) Statement of Facts” (CW 23). Refer to Senior Parent/Minor Parent.

Sponsor of a Non-Citizen

A sponsored non-citizen is not required to list the sponsor(s) if the sponsor does not reside in the home. However, the non-citizen must provide a copy of “Affidavit of Support” (I-864) along with the required information regarding the sponsor on the “Sponsor’s Statement of Facts Income and Resources” (CW 22). Refer to Sponsored Non-Citizen [EAS 43-119.1].

Refusal to List all Persons

A CalWORKs application shall be denied if the applicant refuses to list persons who must be in the Filing Unit or refuses to provide the information required on the CW 22 or CW 23.