U-Parent Deprivation Definitions

[41-440.1]

Unemployed Parent (U-Parent) Deprivation

A child is considered deprived of parental support and care when the principal earner (PE) parent is unemployed and no other basis of deprivation exists.

Unemployed

The applicant PE must always meet the definition of unemployment. The term UNEMPLOYED includes:

  • Those not working, OR
  • Those working less than 100 hours in a four-week period.

U-Parent

A U-parent is a natural or adoptive parent with whom a child is living (both parents must be in the home) and who:

  • Is the PE, AND
  • Not employed, OR
  • Meets the following criteria:
If... And... Then...
The PE U-parent is an applicant,

Is employed 100 hours or more per four-week period,

Note: A four-week period has 28 calendar days.

 U-parent deprivation does not exist.
Is employed under 100 hours but is expected to work over 100 hours in the following four weeks,
  • Is employed under 100 hours per four-week period, OR
  • Is employed 100 hours or more in a particular four-week period, but the work is intermittent and the excess over the 100 hours is temporary in nature, as evidenced by:
    • Their hours of employment were less than 100 hours in the two prior four-week periods, AND
    • Their hours of employment are expected to be less than 100 hours in the succeeding four-week period,
 U-parent deprivation exists.
The U-parent is a recipient, Is employed 100 hours or more per four-week period. U-parent deprivation continues.

Parents participating in an On-the-Job Training (OJT) program or any similar work training activity, in which the parent is paid a wage, are considered employed for purposes of determining deprivation.

Hours of Employment

The hours of employment are the hours a parent spends providing a service or product, whether they are an employee or self-employed.  Any hours spent working to acquire earned income, whether the parent receives the income or not, are considered toward the 100 hour rule.

ExampleExample

A PE is self-employed as a salesperson selling a product door-to-door. The PE spent the following hours during the four-week period prior to the date of application:

  • 36 hours collecting orders for the product.
  • 12 hours ordering the products from the supplier. This includes completing the necessary work and going to the post office.
  • 5 hours developing and delivering flyers advertising the business.
  • 4 hours with floor duty at the distributor's office.
  • 32 hours delivering the products to the customers.
  • 10 hours distributing new catalogs.

In this example, all of the above hours count as hours worked because all hours were spent promoting the business, attempting to contact, or making contact with prospective or actual customers.

100 Hour Rule

 The applicant PE must have been unemployed or employed less than 100 hours in the four weeks prior to the date of application.

When the applicant has worked in the last four weeks, the EW will determine the beginning date of aid (BDOA) by looking at the past four weeks from the date of application. 

Journal entries must clearly explain how the BDOA was determined.

Note: The CalWORKs U-Parent Beginning Date of Aid Worksheet (SCD 1308) and/or the 100 Hour Rule Worksheet found on the CalSAWS Unemployment Deprivation List page may be used to determine the BDOA. CalSAWS does not save the entries made on the 100 Hour Rule Worksheet. If SCD 1308 and/or the 100 Hour Rule Worksheet are used, they should be imaged. 

If the applicant was... Then...
Employed less than 100 hours, The family is eligible effective the date of application.
Employed 100 hours or more, The family is not eligible effective the date of application.
Not eligible effective the date of application, Start counting the four weeks from the day after the date of application to determine the four-week period. Continue day by day until you have a four-week period with hours less than 100. This date determines the beginning date of aid for U-parent deprivation.

The four-week period changes daily according to the applicant’s circumstances.

Example 1 Example 1 The applicant PE quit his job on August 13th and applied for CalWORKs on August 14. He worked a total of 89 hours in the four weeks prior to August 14. This applicant's four-week period for U-parent is met on the date of application. This family is eligible effective August 14.

Example 2 Example 2 The applicant PE's employment terminated on May 20. The customer applies for CalWORKs on May 21. He actually worked three full 40-hour weeks in May, totaling 120 hours. The four-week period begins on May 21 (the day he was terminated from full-time employment), and the beginning date of aid for U-parent is June 18.

Example 3Example 3

The applicant PE's employment terminated on May 8. His work hours varied in the prior four weeks. The work hours are shown on the chart below. As of the date of application (May 8), the applicant had 116 hours of employment in the prior four-week period. See the chart below to determine the BDOA.

Sun.

Mon.

Tues.

Wed.

Thurs.

Fri.

Sat.

Fourth Prior Week

4/10/06

8

8

8

8

8

Third Prior Week

4/17/06

8

8

8

8

8

Second Prior Week

4/24/06

8

8

8

8

8

First Prior Week

5/1/06

4

4

4

4

4

Date of Application: 5/8/98

5/8/06

5/9/06

8

8

5/10/06

5/11/06

5/12/06

5/13/06

5/14/06

5/15/06

BDOA

  • As of 5/9/06, the applicant had 116 hours of employment in the prior four weeks.
  • As of 5/10/06, the applicant had 116 hours of employment in the prior four weeks.
  • As of 5/11/06, the applicant had 116 hours of employment in the prior four weeks.
  • As of 5/12/06, the applicant had 108 hours of employment in the prior four weeks.
  • As of 5/13/06, the applicant had 100 hours of employment in the prior four weeks.
  • As of 5/14/06, the applicant had 92 hours of employment in the prior four weeks.

The BDOA for U-parent deprivation is 5/14/06.

Reminder: If it appears that the applicant will be eligible within 60 days, the EW must keep the case in pending status until the application can be approved or denied. Refer to Deferrals. 

The 100 hour rule continues to apply to U-parent APPLICANT cases to establish unemployed parent deprivation. The 100 hour rule does not apply to RECIPIENTS.

Once an applicant case is found eligible and payment is made under the U-parent program, the family is no longer subject to the U-parent deprivation rule. Eligibility is then based on income, property, and age, unless deprivation status changes (example: U-parent to incapacity).

Example 1 Example 1 U-parent family becomes eligible for CalWORKs on 4/2. On 4/30, the father finds full-time employment at $8.50 an hour. His gross monthly income will be (160 hours x $8.50) $1,360. The 100 hour rule does not apply, and the family remains financially eligible.

Example 2 Example 2 The absent father returns home to a continuing CalWORKs family. He is determined to be the Principal Earner (PE) and is employed over 100 hours. He is considered to be an applicant, and the 100 hour rule applies. The family becomes ineligible for CalWORKs at the end of the current payment period. There is no change in the 100 hour rule for applicants.

Deprivation Status Changes

When the U-parent becomes incapacitated, the deprivation must be changed to incapacitated. When the U-parent recovers and is still unemployed, the deprivation must be changed back to U-parent.

Principal Earner (PE)

In a home in which both parents of an eligible child are living, the PE is whichever parent earned the greater amount of income in the 24-month period, the last month of which immediately precedes either:

  • The application month when the application is based on the unemployment of the parent (refer to Application Date), OR
  • The date the family circumstances changed (after application date) to meet the requirements of the unemployment deprivation definition (e.g., parent returns to the home).

When either parent can qualify as the PE because both parents earned an identical amount of income in the applicable 24-month period, the EW, in consultation with the parents, must designate which parent is the PE.

Journal entries must clearly explain how the PE was determined. 

Note: The Primary Wage Earner Worksheet found on the CalSAWS Unemployment Deprivation List page may be used to determine the PE. CalSAWS does not save the entries made on the Primary Wage Earner Worksheet, so if this worksheet is used, it should be imaged.

U-Parent PE

The U-parent PE is the parent establishing a basis of deprivation due to unemployment. The U-parent PE can be included or excluded from the Assistance Unit (AU). The designation refers only to the parent establishing the basis of deprivation and does not include the other parent of the child(ren).

Exempt U-Parent PE

The exempt U-parent PE is the U-parent principal earner who is exempt from work registration. The determination of work registration status is completely separate from the determination of the principal earner. Therefore, there may be circumstances when the U-parent PE is exempt from Employment Services registration.

Date of Application

For purposes of determining the PE (U-parent), the application date is:

  • The date of the last request for U-parent (this includes a restoration with less than one calendar month break in aid), OR
  • The date of the interprogram status change (e.g., CalWORKs-FG to CalWORKs-U (absent parent returns unemployed)), OR
  • The date of the interprogram transfer (e.g., a change from RCA to CalWORKs).

Related Topics

Requirements to Be Met

Documenting the Unemployment of the Principal Earner