Persons Included in AU

[EAS 82-820]

An AU shall have at least:

One eligible child, or
A non-minor dependent in their own Pregnant Person Only (PPO) case,
A needy caretaker relative of an otherwise eligible: SSI/SSP child, or a child who is eligible to receive federal, state or local Foster Care maintenance payments (Aid Codes 42, 4F or 4G), or
A pregnant person, or
A relative of a 16 or 17-year old teen who is sanctioned by Employment Services.

An AU is established when all eligibility factors have been met and aid has been authorized.

Reminder: Only one needy caretaker relative, who is not the parent of the eligible child, can be aided. For example: if the grandmother is the needy caretaker relative of her grandchild, she and the grandchild will be in the Filing Unit and the AU. The grandfather is not included. If he is the needy caretaker relative for other eligible children who are non-siblings, then the AUs are combined for payment.

Mandatory Inclusion

The AU includes the following persons, when they are living in the same home and eligible at the time of initial family application or at the beginning of the SAR Payment Period following the mandatory reporting of the individual on the SAR 7:

The applicant child.
Any eligible sibling or half-sibling of the applicant child who meets the age requirement.
Any parent of the applicant child or the applicant child's eligible siblings or half-siblings with deprivation and need who meet the age requirement, except for the alternatively sentenced parent (ASP).

Reminder: The mandatory inclusion rules do not supersede the caretaker relative relationship requirement. For example, an application is made for two half-siblings (they have the same father but different mothers). The caretaker is the mother of the oldest child, but since she did not marry the father of the youngest child, she has no relationship to that child. CalWORKs eligibility could only be established for the mother and her separate child.

Determination

Determine who in the CalWORKs “family” is mandated to be included and excluded from the AU. The EW and the applicant/recipient must determine whether or not an optional person is to be included in the AU based in part on the Eligibility Worker explaining the effect of including or excluding the optional person and its review of the person's eligibility and grant amount.

Mandatory inclusion rules must be based on the circumstances unique to the family when determining the AU.

A child may be deprived of parental care or support for more than one reason. Before identifying a sibling or half-sibling as an eligible child, an evaluation of non-linking factors of the sibling or half-sibling must be done. A sibling or half-sibling may meet a basis of deprivation, but remain an ineligible child for inclusion in the AU.

Failure to Include a Mandatory Individual

Deny the CalWORKs application or discontinue the recipient case at the end of the current payment period when the caretaker relative or the individual to be added to the AU is a mandatory AU member but refuses to be included in the AU, or fails to complete appropriate forms or provide verification.

AU Composition Changes

Circumstances may change over time and this may result in a different AU composition mid-period, at SAR or annual redeterminations, than determined at the time of initial application.
When the AU is determined no longer financially eligible to CalWORKs due to a mandatory mid-period report of income over the CalWORKs limit, the AU shall be discontinued at the end of the month in which the AU first received the income that exceeded the limit with a timely and adequate notice.

Situation #1 Two-Parent Unmarried Blended Family Household at Application
The household consisting 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.

•   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. Eligibility staff then reviews for linking and non-linking eligibility factors. Both Parent A and B are not working and it is determined that all the 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.

Same household reports income that deems entire AU ineligible
On the SAR 7, the same family reports that both Parent A and Parent B have become employed and the household exceeds the income limit. In reviewing the income verification and consulting with the family, it is determined that the monthly Reasonably Anticipated Income (RAI) will continue and the AU in its current composition is no longer eligible for Continued benefits.
It is determined that Parent B is only legally responsible for Child 2 and Child 3 and Parent B’s income deems Child 2 and Child 3 ineligible. Parent A’s income is under the CalWORKs recipient income limits and only Child 1 meets the linking and non-linking factors to maintain CalWORKs eligibility. CalWORKs benefits are continued for Parent A and Child 1 based on the newly reported earnings in a two-person AU, maintaining the same reporting cycle and redetermination month of the original five-person AU. Parent B must continue to participate in future CalWORKs redeterminations as a mandatory member of the Filing Unit.

Same household reports a change in circumstances due to an individual leaving the home
During the CalWORKs redetermination interview, Parent A reports that Parent B no longer lives in the home and Child 2 continues to live with the other household members. Before approving benefits for the next SAR payment period, the EW must evaluate the change in AU composition.
The EW determines that Child 3 is now mandatorily included in the AU as the child meets the requirement of being an eligible half-sibling. Although Child 2 has deprivation and is financially needy, the child is not an eligible child since no one in the home meets the CalWORKs caretaker relative requirements. The AU of three consists of Parent A, Child 1 and Child 3.

Situation #2 A Child with more than one basis of deprivation
The household consisting 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 A is also receiving SSI benefits. The AU consists of four members: Parent B and all three children, as Parent A is excluded by law.

•   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.

During the redetermination interview, Parent B reports new employment and it is determined that the income exceeds the income limit for the AU of four. The EW approves continued CalWORKs benefits to Child 1 only, the only household member to meet both linking and non-linking factors of eligibility and the CalWORKs case transitions from SAR to AR/CO. Both parents must continue to participate in future CalWORKs redeterminations as mandatory members of the Filing Unit.

Combining Assistance Units

[EAS 82-824]

Two or more AUs in the same home must be combined into one AU when:

A caretaker relative is married to another caretaker relative in another AU, or
There is only one caretaker relative, or
Two caretaker relatives in the home have separate children and also have an eligible child in common.

Note: An eligible child in common is a child who meets all linking and non-linking eligibility factors (i.e., deprivation, age, residence, property, etc.) and who is not excluded by law.

Determining Optional Persons

Identification

Identify for the applicant or recipient any person living in the home who may be included in the AU. This must be done at the time of application, redetermination, or at any other time when the EW is informed of a change in the number of persons living in the home. Optional persons that can be included in the AU include:
•   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)

Explanation

Explain to the applicant/recipient the effect of including or excluding the optional person. This explanation must include a description of the AU composition which results in the maximum aid to which the family is eligible, considering the income and resources of each person who may be included.

The applicant or recipient must decide if optional person is to be included. Thoroughly document the case record concerning the explanation and the decision of the recipient.