MFG - Counting of Months

To determine if MFG applies, the EW must count backwards ten months, starting with the month BEFORE the baby is born. If the family received aid for ten months in a row, without a two month break-in-aid, the MFG rule will be applied. Any partial month of aid counts as a month in which aid was received. MFG must be determined for every child born on or after September 1, 1997, even if the family was not receiving CalWORKs in the month of birth.

Example Example If the child was born in 01/01, begin counting backwards from 12/00, the month before the child’s birth date. The 10th month would be 3/00.

Example Example A family received CalWORKs from January 1, 1997, through November 1997. They were discontinued November 30, 1997. On January 13, 1998, the mother gives birth to a newborn. On March 27, 1998, the family reapplies for CalWORKs. An MFG determination is made for the child born on January 13th, and it is determined that the family received CalWORKs in the ten months preceding the month of the child’s birth without a two consecutive month break-in-aid. The newborn is an MFG child and MAP is not increased to meet that child’s needs.

The "Application of MFG Rule" (SC 1248) has been developed to identify the MFG child. The SC 1248 must be:

Completed whenever a case contains a child born on or after September 1, 1997.
Scanned into the IDM case record.

Example Example A family applied for CalWORKs in December 1996. On December 4, 1997, the mother calls and reports that she gave birth on November 28, 1997 and she wants to add the newborn to the AU. The EW completes the SC 1248 and determines that the AU has received aid for 12 consecutive months, prior to the birth of the child. The newborn is an MFG child and is added to the AU. However, MAP is not increased to include this child.

Example Example A family applied for CalWORKs in December 1996. The case was closed on May 31, 1997, as the father found employment and there was no longer financial eligibility. On July 22, 1997 the family reapplied and was determined eligible. On November 12, 1997 the mother reports that she gave birth on October 31, 1997 and wants to add the newborn to the AU. The EW completes the SC 1248. The AU received CalWORKs from December 1996 through May 1997 and from July 1997 onward. Since the family has received aid for the last ten months without a two month break-in-aid, the newborn is an MFG child.

Example Example An applicant mom became pregnant in the month of application (2/00), the month in which she was provided the informing notice. Her due date was November 28, 2000. The baby was born prematurely on October 20, 2000. The MFG rule is applied by the letter of the law. Both the statute and regulations specify that the client must have received written notice of the MFG rule at least 10 months before the birth of the child. In this case, the child was born prematurely in the 8th month. The MFG rule cannot be applied to this child.

Example Example A family received aid in another state from October 1999 to June 2000. They moved to California and went on cash aid, effective August 1, 2000. The mother was pregnant when she moved to California. A child was born in February 2001. The MFG rule does not apply because a month on aid in another state is never considered when counting the ten consecutive months of aid.

Example Example Mom was on aid with child #1; the MFG rule was applied to child #2. Mom went to jail and the non-needy grandmother received custody of the children and the MFG rule was removed from child #2. When mom was released from jail, mom did not regain custody of her children, but the court gave her permission to live in the home. Although mom is not the caretaker relative of her children the MFG rule is applied to child #2 when mom rejoins the AU as the child is living with a parent. Application of the MFG rule is not dependent upon mom being the caretaker relative for her children.

Break-In-Aid

The MFG rule does not apply if the AU stopped receiving aid for at least two consecutive months during the ten-month period prior to the child’s birth. The MFG rule will apply as long as ONE or more members of the family remain on aid. The MFG rule does not apply if ALL members of the AU are off aid for the SAME TWO CONSECUTIVE MONTH PERIOD.

For MFG purposes the following conditions will be considered as months in which the AU did not receive cash aid and are to be counted toward the two-month break-in-aid for MFG purposes:

Suspense and/or Zero Basic Grant (ZBG) months occurring on or after September 1, 2000, (Nickols v. Saenz settlement), or
Months in which Family Reunification families do not receive cash aid.

The following examples illustrate if a break-in-aid has occurred. In each example, the county has confirmed that the AU was notified in writing of the MFG rule at least ten consecutive months before the birth of the child unless noted otherwise.

A Two-Consecutive Month Break-In-Aid IS Established

The following examples illustrate when a break-in-aid is established.

Example Example Mom and dad are on aid with two children. Mom becomes pregnant in 1/00. In 3/00 the two aided children move out of the home and into Foster Care. The AU was discontinued at the end of the month. Neither parent was aided for 4/00 or 5/00. The children were returned to the home on 6/1/00; cash aid was resumed, effective 6/01/00. The mom had twins in 10/00. The MFG rule does not apply to the twins because there was a two-month break-in-aid, 4/00-5/00. No member of the AU received CalWORKs for two consecutive months in the ten months prior to the birth of the twins. Foster care payments are not considered "cash aid" for purposes of determining MFG application.

Example Example Bobbie has been a CalWORKs recipient since March 1998. She had a baby in October 2001. In April 2001, Bobbie had a suspense month because of excess income. In May 2001, Bobbie had a ZBG month because her grant was less than $10.00. The MFG rule would not be applied to her baby because she had a consecutive two-month break-in-aid during the ten months prior to the birth of the baby.

Example Example A mom is on aid with two aided children. She was inappropriately discontinued on 3/31/00, although she should have received aid for April and May. Mom and the kids went back on aid in June. The baby was born in 10/00. The recipient had a two-month break-in-aid (4/00-5/00.) MFG cannot be applied for this county-caused error, even if the county restores aid for those two months.

Example Example Mom was on aid with child #1 until 10/99 when case was discontinued. From June 2000 through October 2000, child #1 received aid with a non-needy Aunt. Mom reapplied for aid in November 2000, for herself and child #1. Mom had child #2 in March 2001. The MFG rule does not apply to child #2. The AU with Mom and child #1 did not exist ten months prior to the birth of child #2. That AU (Mom and child #1) did not become effective until November 2000, four months before the birth of child #2 in March 2001. Therefore, child #2 was not born into an AU that received aid for at least ten consecutive months prior to the birth of the child. The fact that child #1 was on aid with an aunt from June 2000 through October 2000 does not change this case. That AU (Aunt and child #1) is not relevant, as it began after Mom and child #1 established a two-month break-in-aid.

Note: If the grant is reduced to zero because of a penalty or an overpayment adjustment, that month is counted as a break-in-aid for MFG purposes.

A Two-Consecutive Month Break-In-Aid Is NOT Established

The MFG rule will apply as long as one or more members of the family remain on aid in the original assistance unit or continue on aid in a different assistance unit without a two-consecutive month break-in-aid. The MFG rule does not apply if ALL members or the AU are off aid for the SAME TWO consecutive month period.

A month in which the AU receives a special needs payment or homeless assistance does not count as a break-in-aid for MFG purposes since the AU actually receives a cash aid payment.

The following examples illustrate when a break-in-aid is NOT established.

Example Example Julia has been a CalWORKs recipient since February 1999. She had a baby in October 2000 and the MFG rule was applied to the child. The AU had a suspense month in April 2000 and a ZBG month in May 2000. The child would remain an MFG child since the suspense/ZBG months occurred PRIOR to September 2000 and were not considered a break-in-aid at that time.

Example Example A pregnant woman has received aid for herself and two children for two years. The two children are removed from her home. Because she was in her third trimester, the woman continued to receive aid for herself (AU of 1) and pregnancy special needs. The MFG rule will apply to the newborn child #3. Mom continued to receive CalWORKs after the children were removed up to the time of the birth of her 3rd child. A two-month break-in-aid in the ten consecutive months before the birth of the child cannot be established.

Example Example Mom and two children were on aid in county #1 in May 2000. The AU has been continuously on aid since May 1999. Dad took custody of the children on June 1, 2000 and applied for aid in county #2 based upon absent Mom. Aid was approved for father and the two children, effective June 1, 2000. Mom and Dad are unmarried. In November 2000, Mom joined the AU in county #2, with her eligibility effective November 14, 2000. When she joined the AU, she was pregnant. Deprivation for the three children was changed to the unemployment of the father. Mom’s baby was born on March 15, 2001. The MFG rule is applied to the newborn as the AU has not demonstrated that there is a break-in-aid of two consecutive months. The children were never off of aid. The baby was born into an AU that received aid continuously for the ten months prior to birth.

MFG - Counting of Months

Break-In-Aid

A Two-Consecutive Month Break-In-Aid IS Established

A Two-Consecutive Month Break-In-Aid Is NOT Established

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