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Potentially Available Income
[EAS 82-610, 44-103]
Potentially available income is any income the applicant or recipient is entitled to receive.
Requirement
CalWORKs must be denied or discontinued when an AU member fails to apply for or accept potentially available income.
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IF ... |
THEN ... |
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The person is a mandatory AU member, |
The entire AU must be denied or discontinued, as appropriate. |
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The person is an optional member of the AU, |
That person must be denied or discontinued, as appropriate. Other AU members are not affected. |
Customer Responsibility
The applicant or recipient, including the person responsible for a child in CalWORKs, is responsible for:
- Giving information necessary for any income determination.
- Taking all actions necessary to obtain unconditionally available income.
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STATUS |
REQUIREMENT |
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Applicant |
The requirement to apply for and accept any potentially available income is considered met on the date of application when completed by the date that aid is authorized. |
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Recipient |
The requirement to apply for and accept any potentially available income must be met within the time frames established by the EW (generally, this is 10 working days). The EW must send the recipient written notification of the type of income, where to apply and the date this must be completed. If the recipient fails or refuses to take appropriate action, assistance for the AU, or for the specific individual, must be discontinued or denied, once timely and adequate notice can be given. |
Sources
Sources of potentially available income include, but are not limited to:
- Social Insurance Benefits, such as OASDI, UIB, and SDI.
- Benefits available to veterans of military service, members of military service, their spouses, and their dependents.
- Railroad retirement benefits, private pension plans, union welfare funds.
- Life insurance disability benefits.
- Workers’ Compensation benefits.
- Any outstanding debts owed the recipient.
- Responsible relatives who may be contributing or have a legal liability to contribute.
- Recipient's capacity for self-help and employment.
Referral
The EW must take the following steps to have the customer apply for all sources of potential income:
- Review with the applicant/recipient all resources, in light of their income producing potentials.
- Determine whether income is actually received and, if so:
- The regularity of receipt,
- The gross or net amount, as appropriate,
- The applicant's or recipient's share, and
- Whether the income is excluded or exempt, in whole or in part.
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