Senior Parent/Minor Parent Budgeting

[EAS 89-201.5]

When the minor parent lives in the home with the senior parent:

• The senior parent's income and needs are used in the minor parent’s budget
• The senior parent(s) may choose to be included in the minor parent’s AU when there are no aided siblings and aid is only being requested for the minor parent and his/her child(ren)
• If the senior parent, minor parent’s siblings, minor parent and minor parent’s child are all aided, they all must be in the same AU
• The senior parent’s income and needs are applied at application and on a continuing basis in all income eligibility determinations (including the appropriate income tests) as well as budget computations
• The senior parent regulations do NOT apply to the resources, of the senior parent.

AU Composition

A minor parent is not considered a child for purposes of establishing eligibility for the senior parent. If the family consists of the senior parent, the minor parent and the minor's child, the senior parent can only be aided if the senior parent is the caretaker relative of both the minor and the minor's child. If the minor child is the caretaker relative of their own child, the senior parent has no eligibility, unless the senior parent has other eligible children. 

Income Exempt from Excluded Parent Computation

Dominika S. v. Saenz

The Dominika S. v. Saenz court order stipulated that child support payments paid to a senior parent on behalf of the minor parent, who resided with the senior parent, could NOT be considered in determining the CalWORKs eligibility and the grant amount for the minor parent’s child. This policy was effective from February 1, 2001, through October 1, 2002.

If the minor parent lives with the senior parent and ...	Then the AU consists of...
Is included in the senior parent’s AU,	The senior parent, the minor parent, any siblings or other relatives of the minor parent and the minor parent’s child(ren). The CalWORKs grant amount is determined by using all of the AU’s income.
The minor parent’s AU remains eligible,	The minor parent and the minor parent’s child(ren). The CalWORKs grant amount is determined by using all of the AU’s income plus any income from the senior parent unit. NOTE: When there are no aided siblings the senior parent can only be aided if they are the caretaker relative of both the minor and the minor’s child.
The income of the senior parent results in the ineligibility of the AU containing the minor parent and the minor parent’s child(ren),	No one. Case must be discontinued. The minor parent is not eligible for Cal-Learn. The EW must determine the minor parent’s eligibility for Medi-Cal and any other benefits the minor parent may request.

Senior Parent Unit (Non-AU Members)

The SPU consists of the following persons, who are considered part of the "family" and are non-AU members:

• The senior parent,
• The spouse of the senior parent (the minor parent’s stepparent), including a spouse on SSI, and
• Any persons, other than the senior parent's children, in the home who are not in the AU and who are or may be claimed by the senior parent as federal tax dependents.

Note: The Senior Parent Unit does not include any individual who has been excluded from the AU for cause (sanctioned).

IEVS Information

Persons whose income and/or resources must be included in the eligibility determination must be included in the IEVS match processes, even though they are not receiving benefits for themselves.

Effect of SSI/SSP

If the senior parent has income which is being deemed to an SSI/SSP spouse or child, income must still be used in the minor parent budgeting process without considering the SSI/SSP deeming. The EW must notify Social Security that the income is used in the CalWORKs computation enabling SSA to change the SSI/SSP budget accordingly.

Note: The SSI spouse or child of the senior parent is NOT considered a non-AU member in the income determination.

Senior Parent Budgeting Computation

[EAS 44-315]

To compute the income used in the minor parent’s CalWORKs budget, use the following chart:

	Total disability-based income of both the senior parent and AU members.
Minus	Income Disregard
Equals	Net Disability-based Income
	Total Gross Earned Income of both the senior parent and AU members
Minus	Any portion of the Income Disregard remaining from above.
Equals	Net Earned Income
Minus	50% (Earned Income Disregard) from the remainder.
Equals	Net Nonexempt Earned Income
Plus	Any remaining disability-based income after the Income Disregard was deducted.
Plus	Nonexempt Unearned Income.
Equals	Total Nonexempt Income of both the senior parent and AU members.
	MAP (plus Special Needs) for the AU and non-AU members.
Minus	Total Nonexempt Income from above.
Equals	First potential grant amount. Second potential grant amount. (MAP for AU) Compare both potential grant amounts. The grant amount is the lesser of the two amounts. If the Potential Grant is a negative amount, complete the CalWORKs budgeting process and deny or discontinue the AU.

Applicant Example

• The Senior Parent Unit consists of one senior parent and one child (the sibling of the minor parent). These are non-AU members.
• The CalWORKs Applicant AU consists of a minor parent and her child. This is an "Non-Exempt" AU of 2.
• The senior parent earns $1,600 per month from full-time employment.
• The minor parent earns $400 within the month from part-time employment.

Click herehere to view the CalWORKs grant computation.

Recipient Example

Important: Current Income Disregard and MAP values must be used in calculations. Income Disregard and MAP values in the example below may not reflect current values.

• The Senior Parent Unit consists of two senior parents and one child (the parents and a sibling of the minor parent). These are non-AU members.
• The CalWORKs AU consists of a minor parent and an aided child. This is a "Non-Exempt" AU of 2.
• One senior parent earns $900 within the month from full-time employment.
• One senior parent earns $500 within the month from part-time employment.

Click herehere to view the CalWORKs grant computation.

The AU is eligible to receive the lesser of the Potential Grant amounts. In this case the minor parent’s AU is eligible to receive $393.

“Senior Parent Statement of Facts” (CW 23)

[EAS 40-128.12]

As well as obtaining the regular statement of facts, the "Supplement to the Statement of Facts" (CW 23) is required when a minor parent who lives with an unaided senior parent applies for aid. The CW 23 is also required at RD. The minor parent is responsible for providing information and verification necessary to make correct eligibility and grant determinations.

• If the minor parent fails to provide adequate information or verification, aid must be denied or discontinued.
• If a minor parent RECIPIENT moves into the senior parent's home or vice-versa, a CW 23 is required to establish continuing eligibility. It is not necessary to take a new "Statement Of Facts For Cash Aid, CalFresh and Medi-Cal/State-Run CMSP (SAWS 2) unless other changes occur at the same time.

"Senior Parent Semi-Annual Income Report" (SAR 73)

[EAS 40-181.241(i)]

A SAR 73 is required when a minor parent lives with an unaided senior parent. When a minor parent moves from the home of one senior parent to the home of another senior parent within the same Semi-Annual Reporting Payment Period (SAR), a SAR 73 for each senior parent home is required. The EW must apply the income from senior parent deeming to the AU.

• The SAR 7 is not considered complete if the SAR 73 is not also submitted.
• The completeness criteria of the SAR 73 are the same as for the SAR 7.
• Verification requirements are the same for the SAR 73 as for the SAR 7. The minor parent's signed statement on the SAR 73 or CW 23 is sufficient verification of senior parent's tax dependents living in the home.
• The senior parent is not required to sign the SAR 73.

Minor Parent and Senior Parent in One AU

[EAS 89-201.6]

When the senior parent and the minor parent are in the senior parent’s AU, the income from the AU is used to determine the amount of their CalWORKs grant.

When a minor parent moves home to live with the senior parent and the senior parent is receiving CalWORKs, the AU’s must be combined. The minor parent must be in the senior parent’s AU, if the senior parent is receiving CalWORKs for the minor parent’s siblings or half-siblings.

Example 1

The AU consists of a senior parent, her three children (one of whom is a minor parent) and the minor parent’s child. The minor parent is enrolled in high school and is Cal-Learn eligible. This is a “Non-Exempt” AU. They have no income, other than CalWORKs. Their CalWORKs grant is based upon MAP for 5. In February 2007, this AU receives $980.

Example 2

The AU consists of a senior parent, her three children (one of whom is a minor parent) and the minor parent’s child. The minor parent is enrolled in high school and is Cal-Learn eligible. This is a “Non-Exempt” AU. The senior parent is employed and earns $1,000 per month. The CalWORKs grant computationcomputation shows:

Example 3

The AU consists of a senior parent, her three children (one of whom is a minor parent) and the minor parent’s child. The minor parent is enrolled in high school and is Cal-Learn eligible. This is a “Non-Exempt” AU. The senior parent is employed and earns $1,000 per month. The minor parent receives Social Security (Survivors’ benefits) of $350 monthly. The CalWORKs grant computationcomputation shows:

Senior Parent AU Becomes Ineligible

When the AU which contains the senior parent, the minor parent, the minor parent’s child and siblings of the minor parent, becomes ineligible, the EW must explore continued eligibility for all members of the existing AU. This includes on-going eligibility for Medi-Cal for the AU.

Example Example An AU which contains a senior parent, a minor parent, the minor parent’s child and the minor parent’s sibling becomes ineligible as the senior parent has found employment and her earnings exceed the Recipient Net Income Test. The gross earnings of the senior parent are $2,300 per month. Based upon this income, the senior parent, the minor parent and the minor parent’s sibling are determined financially ineligible for CalWORKs and they are transferred to the appropriate Medi-Cal program because they are ineligible for CalWORKs based upon the increased earnings of the senior parent.

AU Consists of Minor Parent and Minor Parent’s Child(ren)

[EAS 89-201.53]

When the AU consists of only the minor parent and the minor parent’s child, the EW must determine if the minor parent AU is financially eligible, based upon the income of the senior parent:

If the minor parent AU is...	Then...
Financially eligible based upon the income of the senior parent(s),	The AU consists of the minor parent and the minor parent’s child(ren). Use the regular CalWORKs budgeting process, counting the income of the senior parent(s) and any income received by the minor parent or the minor parent’s child.
NOT financially eligible based upon the amount of income from the senior parent(s),	Discontinue the CalWORKs cash aid for the AU.

The senior parent computation process is applicable, even if the senior parent has a small amount of income which results in no income being used in the minor parent’s budgeting computation. Therefore, as long as the minor parent is living with the senior parent, the grant for the minor parent’s AU is based upon the grant amount calculated using the regular budgeting process.

Example 1

The Senior Parent Unit consists of both of the senior parents and one sibling (non-AU of 3). The minor parent AU consists of the minor parent and one child (a "Non-Exempt" AU). One senior parent earns $900 per month. The other senior parent earns $400 per month and receives $125 from State Disability Insurance benefits. The minor parent has no income. The CalWORKs budgetbudget shows:

Example 2

The Senior Parent Unit consists of the senior parent, the spouse of the senior parent (the minor parent’s stepparent) and 1 minor child (non-AU of 3). The Minor Parent AU consists of the minor parent and one child (an "Non-Exempt" AU). The senior parent is employed and earns $1,000 per month. The minor parent’s stepparent earns $1,500 per month. The CalWORKs grant computationcomputation shows:

Reminder: Count only the income of the senior parent, not the income of the senior parent’s spouse (the minor parent’s stepparent) or any siblings.

Example 3

The Senior Parent Unit consists of 1 person. The Minor Parent AU consists of the minor parent and one child (a "Non-Exempt" AU). The senior parent earns $275 per month. The CalWORKs grant computationcomputation shows:

Example 4

The Senior Parent Unit consists of the senior parent, the minor parent’s stepparent and one sibling (non-AU of 3). The minor parent AU consists of the minor parent and one child (a "Non-Exempt" AU). The senior parent has $1,499 gross earned income and the minor parent receives $350 in Child Support benefits. The CalWORKs budgetbudget shows:

AU Consists of Two or More Sibling Minor Parents

If two minor parents who live with their unaided senior parent apply for, and receive CalWORKs on their own behalf, a separate eligibility determination must be made for each minor parent. (Each minor parent is in their own AU in their own case.) The EW must compute the total gross income of the senior parent, divide that amount by 2 (the number of minor parents) and use that amount for each minor parent. The number of persons in the senior parent unit remains the same for both minor parent units. For example, if there was only 1 person in the senior parent unit, the senior parent’s gross income was $1,200 and there were two minor parent AUs, use $600 as total earnings from the senior parent. The SPU contains one person.

If two minor parents live with their unaided senior parent and only one minor parent applies for and receives CalWORKs, the minor parent applying for assistance is counted in a separate minor parent AU. The minor parent not applying for aid is included in the Senior Parent Unit when determining the size of the non-AU. Count only the income of the senior parent(s).

AU Consists of Both Parents of a Minor Parent’s Child

If both unmarried minor parents of the child live together and apply for CalWORKs, then each minor parent must be living in an appropriate adult-supervised living arrangement or meet one of the specified exceptions, in order to be eligible for CalWORKs. If only one of the minor parents meets this condition of eligibility, only that minor parent and the child are aided. The minor parent who does not meet the minor parent provisions is excluded from the AU. Any income from that minor parent is counted in the budgeting process as a non-AU member.

Example Example Both unmarried minor parents (mother and father) live with the mother’s mother (the Senior Parent Unit). The income from the senior parent is combined with any income received by either parent to determine if there is eligibility for the minor mother and her child. Since the child’s father is also a minor he would have to meet an exception in order to be in the AU.

If both unmarried parents of the child live together, and one of the parents is a minor parent and the other parent is an adult (over 18), this is not considered an acceptable adult-supervised living arrangement. The adult is not considered to meet the degree of relatedness to the minor parent. However, if the parents were both living in another acceptable adult-supervised situation or if the minor parent met one of the exception criteria, the AU could contain both parents and the child. If the minor parent did not meet an exception, the AU would contain the adult parent and the child. The minor parent would be excluded by law and any income from that minor parent would be counted as a non-AU member.

Example Example A 16-year-old mother, a 19-year-old unmarried father, and their child live independently. The 16-year-old does not meet one of the exceptions. The AU contains the father and the child, and the minor mother is an excluded parent (non-AU member) and any income received by the minor mother is counted.

Reminder: When both unmarried parents are living in the home and paternity has not legally been established, the EW must inform them of the benefits in establishing paternity and they may sign a voluntary declaration of paternity.

Related Topics

Definitions of Terms Used in This Section

Minor Parent Residence Requirement

Budgeting

Other Concerns